Transfer of cargo and passenger ships between registers within the EU
Measures to facilitate the transfer of cargo and passenger ships within the European Union (EU) are required in order to reduce costs and administrative procedures. The regulation reconciles considerations relating to the internal market (elimination of technical barriers to the transfer of ships between the registers of the EU countries) and requirements relating to maritime safety (high level of ship safety and environmental protection). It recognises the appropriateness for the EU of the safety standards laid down in the conventions of the International Maritime Organization (IMO).
Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 [See amending act(s)].
The purpose of the regulation is to eliminate the technical barriers to the transfer of cargo and passenger ships flying the flag of a European Union (EU) country between the registers of EU countries while ensuring a high level of ship safety and environmental protection, in compliance with international conventions.
Scope
The regulation applies to passenger ships built on or after 1 July 1998 and cargo ships built on or after 25 May 1980 or ships that were built before those dates but have been certified as complying with the relevant European and the International Maritime Organization (IMO) regulations.
However, the regulation does not apply to:
ships delivered after completion of their construction that do not carry valid full-term certificates from the EU country of the losing register;
ships that have been refused access to EU countries’ ports in accordance with Directive 95/21/EC during the three years preceding application for registration following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control;
ships of war or troopships, or other ships owned or operated by an EU country and used only for government non-commercial purposes;
ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or fishing vessels;
cargo ships of less than 500 gross tonnage.
Transfer between registers
EU countries will not withhold from registration, for technical reasons arising from the conventions, a ship registered in another EU country which complies with the requirements and carries valid certificates and marine equipment in accordance with Council Directive 96/98/EC.
Upon receiving the request for transfer, the EU country of the losing register will provide the EU country of the receiving register with all relevant information on the ship, in particular on her condition and equipment. This information contains the history file of the vessel, a list of the improvements required by the losing register for registering the ship or renewing her certificates and a list of overdue surveys.
Before registering a ship, the EU country of the receiving register will subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates.
Certificates
Upon the transfer, the EU country of the receiving register, or the recognised organisation acting on its behalf, will issue certificates to the ship under the same conditions as those issued under the flag of the EU country of the losing register.
At the time of renewal, extension or revision of the certificates, the EU country of the receiving register, or the recognised organisation acting on its behalf, will not impose requirements other than those initially prescribed for the full-term certificates.
Refusal of transfer and interpretation
The EU country of the receiving register will immediately notify the Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship.
Where an EU country considers that a ship cannot be registered for reasons relating to serious danger to security, safety or to the environment, registration may be suspended.
Reporting
EU countries will submit to the Commission a succinct yearly report on the implementation of the regulation. By 20 May 2008 the Commission will submit a report to the European Parliament and the Council on the implementation of this regulation.
References
Regulation (EC) No 789/2004
Regulation (EC) No 219/2009
Compliance with flag State requirements
This Directive aims at ensuring that Member States of the European Union fulfil their responsibilities as flag States more effectively and more consistently. Furthermore, it aims to improve maritime safety and prevent pollution from ships flying the flag of a Member State.
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements.
This Directive establishes a legal framework to improve the performance of Member States as flag States.
Scope
This Directive shall apply to the administration * of the Member State whose flag the ship is flying *.
Authorisation for ships flying the flag of a Member State to operate
Before allowing a ship authorised to fly their flag to operate, Member States shall check that the ship complies with international rules and regulations in this domain. They shall, in particular, check the ship’s safety records. If necessary, the previous flag State may be consulted if the ship still has outstanding deficiencies or safety issues. In this case, the Member State concerned should promptly provide the detailed information that has been requested.
Detention of a ship flying the flag of a Member State
If a ship flying the flag of the Member State concerned has been detained by a port State, the administration shall oversee the ship being brought into compliance with the relevant International Maritime Organization (IMO) Conventions.
Accompanying measures
Member States shall ensure that the following information is available and accessible at all times:
particulars of the ship (name, International Maritime Organization number, etc.);
dates of surveys (including additional and supplementary surveys) and audits;
identification of the recognised organisations * involved in the certification * and classification of the ship as well as the authority responsible for inspecting the ship pursuant to the provisions relating to port State control;
the outcome of the port State inspections and, if applicable, information on deficiencies and the detention of the ship, or any marine casualties;
data concerning all ships which no longer fly the flag of the Member State concerned.
Flag State auditing process
Member States shall ensure that their respective administrations are subject to an audit by the International Maritime Organization (IMO) at a minimum frequency of every seven years. The results of the audit shall be made public in compliance with national legislation on confidentiality. This provision shall apply until a mandatory IMO scheme enters into force.
Quality management system and internal evaluation
By 17 June 2012, each Member State shall implement a quality management system for the operational parts of the flag State-related activities of its administration.
Member States which appear on the black list or which appear for two consecutive years on the grey list, as published in the last annual report of the Paris Memorandum, shall submit a report to the Commission on their performance as a flag State. This report must be sent to the Commission within four months after the publication of the Memorandum report. It must contain information on the reasons for detention of ships or their black or grey status.
Reports
As from 17 June 2012, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council every five years.
Committee procedure
The Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) shall assist the Commission.
Context
This Directive meets the need for safer and more eco-friendly maritime transport. It is based on the legal framework developed at international level by the IMO in the field of maritime safety and the protection of the environment against maritime pollution.
Key terms of the Act
ship: a ship or craft flying the flag of a Member State falling within the scope of the relevant IMO Conventions, and for which a certificate is required;
administration: the competent authorities of the Member State whose flag the ship is flying;
recognised organisation: an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (recast);
certificates: statutory certificates issued in respect of the relevant IMO Conventions.
References
Directive 2009/21/EC