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EUROPEAN UNION
THE EUROPEAN PARLIAMENT THE COUNCIL
Brussels, 04 December 2008
CONCILIATION COMMITTEE
Proposal for a European Parliament and Council regulation on common rules and standards
for ship inspection and survey organisations (Recast)
(2005/0237B COD)
Working document
(Conciliation on 08 December 2008)
Part A: Amendments on which agreement has been reached
(subject to overall agreement)
Part B: Amendments on which agreement has still to be found
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Highlighting in the tables
Bold italics
In the second column, changes and additions to the wording of the common position are shown in
bold italics.
Normal italics
Highlighting in normal italics is for the specialist departments concerned. It is a mode of
communication between the two institutions’ specialist departments. It concerns parts of the
legislative text for which a correction is proposed, to assist preparation of the final text (for
instance, obvious errors or omissions in a given language version). Suggested corrections of this
kind are subject to the agreement of the departments concerned.
Underlining
In the third and fourth columns underlining is used to indicate changes to a reference text.
The sign ‘[…]’ is used only in the third and fourth columns: it shows where text has been deleted.
ST 16744/08 ADE/gj 2
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Part A: Amendments on which agreement has been reached
(subject to an overall agreement)
Amendment 1
Recital 3
Deleted.
Amendment 2
Recital 5
Amendment withdrawn.
Amendment 3
Recital 8
8) Recognition should be granted only on the basis of the quality and safety performance of the
organisation. It should be ensured that the extent of that recognition be at all times in keeping with
the actual capacity of the organisation concerned. Recognition should furthermore take into account
the differences in legal status and corporate structure of recognised organisations while continuing
to ensure uniform application of the minimum criteria laid down in this Regulation and the
effectiveness of the Community controls. Regardless of the corporate structure, the organisation to
be recognised should provide services worldwide and its legal entities be subject to global joint and
several liability.
Amendment 4
Recital 15
(15) The ability of recognised organisations to identify rapidly and correct weaknesses in their
rules, processes and internal controls is critical for the safety of the ships they inspect and certify.
That ability should be enhanced by means of a Quality Assessment and Certification Entity, which
should be independent of commercial or political interests and which can propose common action
for the sustained improvement of all recognised organisations and ensure fruitful cooperation with
the Commission.
Amendment 5
Recital 17
Amendment withdrawn.
Amendment 6
Recital 19
Amendment withdrawn.
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Amendment 7
Recital 21
Amendment withdrawn.
Amendment 8
Recital 22
(22) The protection of intellectual property rights of maritime stakeholders including shipyards,
equipment suppliers and shipowners, should not prevent normal business transactions and
contractually agreed services between these parties.
Amendment 9
Article 2 – point i
Amendment withdrawn.
Amendment 10
Article 2 – point j
Amendment withdrawn.
Amendment 11
Article 4 – paragraph 2
Amendment withdrawn.
Amendment 12
Article 6 – paragraph 4
Amendment withdrawn.
Amendment 13
Article 7 – paragraph 1 – point e
Amendment withdrawn.
Amendment 14
Article 9 – paragraph 1
Amendment withdrawn.
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Amendment 15
Article 9 – paragraph 2
Amendment withdrawn.
Amendment 16
Article 10 – paragraph 1 – subparagraph 1
1. The recognised organisations shall consult with each other periodically with a view to
maintaining equivalence and aiming for harmonisation of their rules and procedures and the
implementation thereof. They shall cooperate with each other with a view to achieving consistent
interpretation of the international conventions, without prejudice to the powers of the flag States.
Recognised organisations shall, in appropriate cases, agree on the technical and procedural
conditions under which they will mutually recognise the class certificates for materials, equipment
and components based on equivalent standards, taking the most demanding and rigorous standards
as their reference.
Amendment 17
Article 10 – paragraph 1 – subparagraphs 2 and 3
Amendment withdrawn.
Amendment 18
Article 10 – paragraph 2
Amendment withdrawn.
Amendment 19
Article 10 – paragraph 6 – subparagraph 3
Amendment withdrawn.
Amendment 20
Article 11 – paragraph 1
1. Recognised organisations shall set up by …* and maintain an independent Quality Assessment
and Certification Entity in accordance with the applicable international quality standards where the
relevant professional associations working in the shipping industry may participate in an advisory
capacity.
* OJ: 24 months after the date of entry into force of this Regulation.
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Amendment 21
Article 11 – paragraph 2 – introduction
2. The Quality Assessment and Certification Entity shall carry out the following tasks:
Amendment 22
Article 11 – paragraph 2 – point a
(a) frequent and regular assessment of the quality management systems of recognised organisations,
in accordance with the ISO 9001 quality standard criteria;
Amendment 23
Article 11 – paragraph 2 – point b
Amendment withdrawn.
Amendment 24
Article 11 – paragraph 2 – point c
Amendment withdrawn.
Amendment 25
Article 11 – paragraph 2 – point d
(d) adoption of individual and collective recommendations for the improvement of recognised
organisations' processes and internal control mechanisms.
Amendment 26
Article 11– paragraph 3
3. The Quality Assessment and Certification Entity shall have the necessary governance and
competences to act independently of the recognised organisations and shall have the necessary
means to carry out its duties effectively and to the highest professional standards. The Quality
Assessment and Certification Entity will lay down its working methods and rules of procedure.
Amendment 27
Article 11 – paragraph 4
Deleted
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Amendment 28
Article 11 – paragraph 5
5. The Quality Assessment and Certification Entity may request assistance from other external
quality assessment bodies.
Amendment 29
Article 11 – paragraph 6
6. The Quality Assessment and Certification Entity shall provide the interested parties, including
Flag States and the Commission, with full information on its annual work plan as well as on its
findings and recommendations, particularly with regard to situations where safety might have been
compromised.
Amendment 30
Article 11– paragraph 7
7. The Quality Assessment and Certification Entity shall be periodically assessed by the
Commission.
Amendment 31
Article 13– paragraph 1 – subparagraph 1
Amendment withdrawn.
Amendment 32
Annex I – part A – point 1
1. A recognised organisation must have legal personality in the State of its location. Its accounts
shall be certified by independent auditors.
Title of Annex I:
Minimum criteria for organisations to obtain or to continue to enjoy Community recognition
Amendment 33
Annex I – part B – point 1
Amendment withdrawn.
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Amendment 34
Annex I – part B – point 8
8. The recognised organisation must have developed, implemented and must maintain an effective
internal quality system based on appropriate parts of internationally recognised quality standards
and in compliance with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000
(quality management systems, requirements), as interpreted and certified by the Quality Assessment
and Certification Entity referred to in Article 11(1).
Article 11(3):
3. The Quality Assessment and Certification Entity shall have the necessary governance and
competences to act independently of the recognised organisations and shall have the necessary
means to carry out its duties effectively and to the highest professional standards, safeguarding the
independence of the persons performing them. The Quality Assessment and Certification Entity will
lay down its working methods and rules of procedure.
Amendment 35
Annex I – part B – point 9
Amendment withdrawn.
New Text Proposal
Annex I - part B - point 5
5. The recognised organisation, its surveyors and its technical staff shall carry out their work
without in any way harming the intellectual property rights of shipyards, equipment suppliers, and
shipowners, including patents, licences, know-how, or any other kind of knowledge whose use is
legally protected at international, Community or national level;
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Part B: Amendments on which agreement has still to be found:
NO AMENDMENTS
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