Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (recast) (Text with EEA relevance)
Modified by
- Commission Implementing Directive 2014/111/EUof 17 December 2014amending Directive 2009/15/EC with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols(Text with EEA relevance), 32014L0111, December 20, 2014
- Regulation (EU) 2019/1243 of the European Parliament and of the Councilof 20 June 2019adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union(Text with EEA relevance), 32019R1243, July 25, 2019
(a) "ship" means a ship falling within the scope of the international conventions; (b) "ship flying the flag of a Member State" means a ship registered in and flying the flag of a Member State in accordance with its legislation. Ships not corresponding to this definition are assimilated to ships flying the flag of a third country; (c) "inspections and surveys" means inspections and surveys that are mandatory under the international conventions; (d) "international conventions" means the International Convention for the Safety of Life at Sea of 1 November 1974 (SOLAS 74) with the exception of chapter XI-2 of the Annex thereto, the International Convention on Load Lines of5 April 1966 and the International Convention for the Prevention of Pollution from Ships of2 November 1973 (MARPOL), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, with the exception of paragraphs 16.1, 18.1 and 19 of part 2 of the IMO Instruments Implementation Code, and of sections 1.1, 1.3, 3.9.3.1, 3.9.3.2 and 3.9.3.3 of part 2 of the IMO Code for Recognized Organizations, in their up-to-date version;(e) "organisation" means a legal entity, its subsidiaries and any other entities under its control, which jointly or separately carry out tasks falling under the scope of this Directive; (f) "control"means, for the purpose of point (e), rights, contracts or any other means, in law or in fact, which, either separately or in combination confer the possibility of exercising decisive influence on a legal entity or enable that entity to carry out tasks falling under the scope of this Directive; (g) "recognised organisation" means an organisation recognised in accordance with Regulation (EC) No 391/2009; (h) "authorisation" means an act whereby a Member State grants an authorisation or delegates powers to a recognised organisation; (i) "statutory certificate" means a certificate issued by or on behalf of a flag State in accordance with the international conventions; (j) "rules and procedures" means a recognised organisation’s requirements for the design, construction, equipment, maintenance and survey of ships; (k) "class certificate" means a document issued by a recognised organisation certifying the fitness of a ship for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation; (l) "cargo ship safety radio certificate" means the certificate introduced by the 1988 Protocol amending SOLAS, adopted by the International Maritime Organisation (IMO).
(i) to authorise organisations to undertake fully or in part inspections and surveys related to statutory certificates including those for the assessment of compliance with the rules referred to in Article 11(2) and, where appropriate, to issue or renew the related certificates; or (ii) to rely upon organisations to undertake fully or in part the inspections and surveys referred to in point (i);
(a) the provisions set out in Appendix II of IMO Resolution A.739(18) on guidelines for the authorisation of organisations acting on behalf of the administration, while drawing inspiration from the Annex, Appendices and Attachment to IMO MSC/Circular 710 and MEPC/Circular 307 on a model agreement for the authorisation of recognised organisations acting on behalf of the administration; (b) the following provisions concerning financial liability: (i) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that loss, damage, injury or death was, as decided by that court, caused by the recognised organisation; (ii) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that personal injury or death was, as decided by that court, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 4 million; (iii) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation, to the extent that that loss or damage was, as decided by that court, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 2 million;
(c) provisions for a periodical audit by the administration or by an impartial external body appointed by the administration into the duties the organisations are undertaking on its behalf, as referred to in Article 9(1); (d) the possibility for random and detailed inspections of ships; (e) provisions for compulsory reporting of essential information about their classed fleet, and changes, suspensions and withdrawals of class.
(a) incorporate, for the purposes of this Directive, subsequent amendments to the international conventions, protocols, codes and resolutions related thereto referred to in point (d) of Article 2, Article 3(1) and Article 5(2), which have entered into force; (b) alter the amounts specified in point (b)(ii) and (iii) of Article 5(2).
| Council Directive 94/57/EC | |
| Commission Directive 97/58/EC | |
| Directive 2001/105/EC of the European Parliament and of the Council | |
| Directive 2002/84/EC of the European Parliament and of the Council |
| Directive | Time limit for transposition |
|---|---|
| 94/57/EC | |
| 97/58/EC | |
| 2001/105/EC | |
| 2002/84/EC |
| Directive 94/57/EC | This Directive | Regulation (EC) No 391/2009 |
|---|---|---|
| Article 1 | Article 1 | Article 1 |
| Article 2(a) | Article 2(a) | Article 2(a) |
| Article 2(b) | Article 2(b) | — |
| Article 2(c) | Article 2(c) | — |
| Article 2(d) | Article 2(d) | Article 2(b) |
| Article 2(e) | Article 2(e) | Article 2(c) |
| — | Article 2(f) | Article 2(d) |
| Article 2(f) | Article 2(g) | Article 2(e) |
| Article 2(g) | Article 2(h) | Article 2(f) |
| Article 2(h) | Article 2(i) | Article 2(g) |
| Article 2(i) | Article 2(k) | Article 2(i) |
| — | Article 2(j) | Article 2(h) |
| Article 2(j) | Article 2(l) | — |
| Article 2(k) | — | Article 2(j) |
| Article 3 | Article 3 | — |
| Article 4(1) first phrase | — | Article 3(1) |
| Article 4(1) second phrase | — | Article 3(2) |
| Article 4(1) third phrase | — | — |
| Article 4(1) fourth phrase | — | Article 4(1) |
| — | — | Article 3(3) |
| — | — | Article 4(2), (3), (4) |
| — | — | Article 5 |
| — | — | Article 6 |
| — | — | Article 7 |
| Article 5(1) | Article 4(1) | — |
| Article 5(3) | Article 4(2) | — |
| Article 6(1), (2), (3), (4) | Article 5 (1), (2), (3), (4) | — |
| Article 6(5) | — | — |
| Article 7 | Article 6 | Article 12 |
| Article 8(1) first indent | Article 7(1), point (a) of first subparagraph | — |
| Article 8(1) second indent | — | Article 13(1) |
| Article 8(1) third indent | Article 7(1), point (b) of first subparagraph | — |
| — | Article 7(1) second subparagraph | Article 13(1) (second subparagraph) |
| Article 8(2) | Article 7(2) | — |
| Article 8(2) second subparagraph | — | Article 13(2) |
| Article 9(1) | — | — |
| Article 9(2) | — | — |
| Article 10(1) introductory wording | Article 8 | — |
| Article 10(1)(a), (b), (c), (2), (3), (4) | — | — |
| Article 11(1),(2) | Article 9(1), (2) | — |
| Article 11(3), (4) | — | Article 8(1), (2) |
| Article 12 | Article 10 | — |
| Article 13 | — | — |
| Article 14 | Article 11(1), (2) | — |
| — | Article 11(3) | — |
| — | Article 12 | — |
| — | — | Article 9 |
| Article 15(1) | — | — |
| — | — | Article 10(1), (2) |
| Article 15(2) | — | Article 10(3) |
| Article 15(3) | — | Article 10(4) |
| Article 15(4) | — | Article 10(5) |
| Article 15(5) | — | Article 10(6) first, second, third, fifth subparagraphs |
| — | Article 10(6) fourth subparagraph | |
| Article 16 | Article 13 | — |
| Article 17 | Article 16 | — |
| — | Article 14 | — |
| — | Article 15 | — |
| — | — | Article 11 |
| — | — | Article 14 |
| — | — | Article 15 |
| — | — | Article 16 |
| — | — | Article 17 |
| — | — | Article 18 |
| — | — | Article 19 |
| Annex | — | Annex I |
| — | Annex I | — |
| — | Annex II | Annex II |
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