Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance Text with EEA relevance
Modified by
Commission Implementing Regulation (EU) No 1205/2012of 14 December 2012amending Regulation (EU) No 802/2010 as regards the company performance(Text with EEA relevance), 32012R1205, December 15, 2012
Commission Regulation (EU) No 802/2010of 13 September 2010implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State controlOJ L 131, 28.5.2009, p. 57., and in particular Article 10(3) and Article 27 thereof,Whereas:(1)Company performance is one of the generic parameters determining the risk profile of a ship.(2)With a view to determining the performance of companies within the meaning of Directive 2009/16/EC, it is necessary that, when inspecting a ship, inspectors record the IMO number assigned to a company.(3)In order to assess company performance, the deficiency and detention rates of all ships in a company’s fleet, which have been subject to an inspection within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU), should be taken into account.(4)It is necessary to build upon the expertise acquired through the application of the Paris MoU with regard to the methodology used for assessing company performance.(5)The Commission should rely on the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the CouncilOJ L 208, 5.8.2002, p. 1. for the publication on a public website of the list of companies with a low or very low performance.(6)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,HAS ADOPTED THIS REGULATION: