Category Archives: Waterborne transport

Waterborne transport covers maritime transport and inland navigation. The European Union encourages growth in maritime transport through a number of actions such as the modernisation of infrastructures or the harmonisation of equipment and procedures. Improving maritime safety and protecting the marine environment are also priorities.
The considerable potential of river transport has largely yet to be tapped. It offers the advantage of reducing the amount of traffic on roads. The EU is committed to breathing new life into the sector, particularly through the Naïades Action Programme.

Maritime safety: marine equipment

Maritime safety: marine equipment

Outline of the Community (European Union) legislation about Maritime safety: marine equipment

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Transport > Waterborne transport

Maritime safety: marine equipment

Document or Iniciative

Council Directive 96/98/EC of 20 December 1996 on marine equipment [See amending acts].

Summary

This Directive applies to equipment (Annex A) * for use:

  • on board a new European * ship, even if it was constructed outside of the EU;
  • on an existing European ship in order to replace equipment or to install additional equipment.

This Directive does not concern equipment placed on board a ship before its entry into force.

Conformity assessment

Member States appoint bodies responsible for assessing conformity of marine equipment (Annex B). This assessment aims at:

  • ensuring the quality of equipment before being placed on the market;
  • checking marine equipment when issuing or renewing the safety certificate.

Equipment conforming to European standards must bear a mark.

Where a vessel, which is to be transferred to the register of a Member State is not registered in the EU, that State carries out an inspection in order to establish the actual condition of the equipment and whether it complies with European standards.

Non-compliant equipment

If a piece of equipment may compromise the health and/or safety of the crew or passengers, or to damage the marine environment, the Member State responsible shall withdraw it from the market, prohibit or restrict its use.

Testing standards

Certain types of marine equipment require international testing standards to be adopted. In cases where international organisations do not adopt the standards within a reasonable timescale, the standards of European standardisation organisations may be applied.

Key terms
  • Marine equipment: any article which could be used on board a vessel, voluntarily or in accordance with international rules, and for which the administration of the flag State must give its authorisation. In particular, this relates to life saving, fire protection, navigation and radiocommunication equipment.
  • European vessel: any vessel for which safety certificates are issued by EU Member States or in their name.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 96/98/EC

1.1.1999

30.6.1998

OJ L 46, 17.2.1997

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 98/85/EC

28.11.1998

30.4.1999

OJ L 315, 25.11.1998

Directive 2002/84/EC

29.11.2002

23.11.2003

OJ L 324, 29.11.2002

Directive 2008/67/EC

21.7.2008

21.7.2008

OJ L 171, 1.7.2008

Regulation (EC) 596/2009

7.8.2009

OJ L 188, 18.7.2009

Successive amendments and corrections to Directive 96/98/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC [COM (2012) 772 final – Not published in the Official Journal].

Inland navigation: structural improvements

Inland navigation: structural improvements

Outline of the Community (European Union) legislation about Inland navigation: structural improvements

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Transport > Waterborne transport

Inland navigation: structural improvements

Document or Iniciative

Council Regulation (EEC) No 1101/89 of 27 April 1989 on structural improvements in inland waterway transport [Official Journal L 116 of 116 of 28.04.1989].

Summary

Statement of measures for the structural improvement of inland waterway transport:

  • the scrapping of vessels and the payment of a premium to owners in order to reduce overcapacity in inland waterway transport;
  • supporting measures to avoid aggravation of existing overcapacity or the emergence of further overcapacity. This measure is known as the “old for new” rule and applies until 28 April 1999.

Description of vessels covered by the Regulation and those excluded.

Setting-up of a Scrapping Fund in each of the Member States concerned.

Payment of an annual contribution into the Funds by vessel owners for repayment of the sums prefinanced for the scrapping scheme by the Member States concerned.

Establishment of mutual financial support between the Funds in order to ensure that the time limit for repayment of these loans is the same for all the Funds.

Possibility for Member States concerned to take measures to make it easier for inland waterway carriers to obtain a retirement pension or to transfer to another economic activity.

Regulation (EEC) No 3572/90 sets out the provisions applicable following German unification.

Commission Regulation (EC) No 2310/96 in respect of the conditions applying to the placing in service of new pusher-craft capacity on inland waterways.

Commission Regulation (EC) No 742/98 in respect of the conditions applying to the placing in service of new dry cargo ships on inland waterways.

Related Acts

On 24 October 1994 the Council adopted a Resolution on structural improvements in inland waterway transport (Official Journal C 309, 05.11.1994).
This resolution calls upon the Commission to adopt measures with a view to improving the effectiveness of the regulations on structural improvements in inland waterway transport and to present, before 1 January 1995, an overall proposal on inland waterway transport, concerning in particular the future organization of the market and scrapping operations.

On 3 November 1997 the Commission presented a report on the overall impact of the measures provided for in Council Regulation (EC) No 844/94 of 12 April 1994 extending until 28 April 1999 the ‘old for new’ arrangements in the context of the measures to promote structural improvements in inland waterway transport introduced under Council Regulation (EEC) No 1101/89 of 27 April 1989 [COM(97) 555 final].

Inland navigation: reciprocal recognition of national boatmasters' certificates for inland waterway navigation

Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation

Outline of the Community (European Union) legislation about Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation

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Transport > Waterborne transport

Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation

Last updated: 06.02.2008

Inland navigation: harmonisation of conditions for obtaining national boatmasters' certificates

Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates

Outline of the Community (European Union) legislation about Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates

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Transport > Waterborne transport

Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates

Last updated: 24.01.2007

A strategy for better ship dismantling practices

A strategy for better ship dismantling practices

Outline of the Community (European Union) legislation about A strategy for better ship dismantling practices

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Transport > Waterborne transport

A strategy for better ship dismantling practices

Many decommissioned European ships end up on the beaches of South Asia where they are dismantled. The absence of environmental protection and safety measures results in a high rate of accidents, health risks and large-scale pollution affecting vast expanses of the coast. The strategy proposed to improve ship dismantling practices includes action aimed at contributing to the implemention of the main elements of an international convention on the recycling of ships which has just been adopted. It also provides for measures aimed at encouraging voluntary action by the maritime transport sector and better application of current Community legislation on waste shipments.

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 November 2008 – An EU strategy for better ship dismantling [COM(2008) 767 final – Not published in the Official Journal].

Summary

The European Union (EU) strategy gives effect to the 2007 Green Paper on better ship dismantling practices. This strategy should guarantee that ships with a strong link to the Union (in terms of flag or ownership) are dismantled only in safe and environmentally sound facilities, in line with the Hong Kong Convention developed by the International Maritime Organization (IMO) and adopted on 19 May 2009.

Such a strategy complies with Regulation (EC) No 1013/2006 on waste shipments which transposes the Basel Convention. It thus aims to prevent the export of hazardous end-of-life ships from the EU to developing countries, and to protect human health and the environment during dismantling operations, without creating unnecessary new economic burdens.

Main elements of the strategy proposed by the Commission

The EU strategy proposes a series of measures aimed at improving ship dismantling conditions as soon as possible, in particular during the interim period preceding the entry into force of the new IMO convention. The following measures are envisaged in particular:

  • start preparations to introduce measures on key elements of the new IMO convention, in particular concerning surveys, certification and the inventory of hazardous materials present on board ships;
  • encourage voluntary industry action through various measures, such as awards for exemplary “green” recycling activities, the publication of guidelines and a list of “clean” dismantling facilities.
  • provide technical assistance and support to developing countries for training programmes in safety and the establishment of basic infrastructure for environmental and health protection;
  • improve the application of current rules on waste shipments by intensifying controls in European ports, enhancing cooperation and exchange of information between European authorities and the establishment of a list of ships ready for scrapping.

The strategy also proposes that the Commission should examine the feasibility of the following measures:

  • establish auditing and certification of ship recycling facilities worldwide and evaluate how EU ships might be encouraged to use this scheme;
  • ensure that warships and other government vessels which do not come under the scope of the convention be subject to Community rules for their “clean” dismantling;
  • establish a mandatory international funding system for “clean” ship dismantling.

Context

The preparation of an EU strategy for environmentally sound ship dismantling practices is one of the elements of the Commission action plan on an integrated maritime policy for the European Union.

This Communication has the aim of encouraging debate and paving the way for the legislative proposal to be presented after the adoption of the Hong Kong Convention in May 2009.

Waterborne transport

Waterborne transport

Outline of the Community (European Union) legislation about Waterborne transport

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Waterborne transport

Waterborne transport covers maritime transport and inland navigation. The European Union encourages growth in maritime transport through a number of actions such as the modernisation of infrastructures or the harmonisation of equipment and procedures. Improving maritime safety and protecting the marine environment are also priorities.
The considerable potential of river transport has largely yet to be tapped. It offers the advantage of reducing the amount of traffic on roads. The EU is committed to breathing new life into the sector, particularly through the Naïades Action Programme.

OBJECTIVES AND BODIES

  • European maritime transport policy until 2018
  • Action plan for an integrated maritime policy
  • Programme for the promotion of short sea shipping
  • Maritime safety: European Maritime Safety Agency
  • Towards a European maritime transport space without barriers
  • Rights of passengers travelling by sea and inland waterway

INTERNAL MARKET

  • Freedom to supply services, competition, unfair pricing practices and free access to ocean trade
  • Freedom to provide maritime transport services
  • The insurance of shipowners for maritime claims
  • Freedom to provide services within the Member States (ocean trade)
  • Reporting formalities for ships
  • State aid to shipbuilding (I)
  • Maritime safety: registration of persons on board passenger ships
  • Transfer of cargo and passenger ships between registers within the EU
  • Statistical returns for carriage of goods and passengers by sea

PORT INFRASTRUCTURE

  • Port infrastructure: Green Paper
  • Port infrastructure: quality services in sea ports
  • Port facilities for ship-generated waste and cargo residues
  • LeaderSHIP 2015

EMPLOYMENT AND WORKING CONDITIONS

  • Strengthening of maritime labour standards
  • Organisation of seafarers’ working time
  • Organisation of hours of work on board ships using Community ports
  • Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas
  • Seafarer training and recruitment
  • Maritime safety: Minimum level of training of seafarers

MARITIME SAFETY

  • Maritime safety: port State control
  • Maritime safety: Loading and unloading of bulk carriers
  • Maritime safety: Committee on Safe Seas
  • Maritime safety: International Safety Management (ISM) Code
  • Maritime safety: Erika I package
  • Maritime safety: accelerated phasing-in of double-hull oil tankers
  • Maritime safety: organisations responsible for monitoring and inspecting vessels (recast)
  • Ship inspection and survey organisations: legal framework
  • Maritime safety: Erika II
  • Compliance with flag State requirements
  • Maritime safety: Community monitoring, control and information system for maritime traffic
  • Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers
  • Safety rules and standards for passenger ships
  • Maritime safety: system of mandatory surveys for regular ro-ro ferry and high-speed passenger craft services
  • Liability of carriers of passengers by sea in the event of accidents
  • Maritime safety: marine equipment
  • Satellite-based Vessel Monitoring System (VMS)

MARITIME TRANSPORT AND THE ENVIRONMENT

  • A strategy for better ship dismantling practices
  • Strategy to reduce atmospheric emissions from seagoing ships
  • Maritime safety: prohibition of organotin compounds on ships
  • Maritime safety: prevention of pollution from ships
  • Ship-source pollution and criminal penalties
  • Maritime safety: Bunkers Convention
  • Maritime safety: compensation fund for oil pollution damage

NAVIGATION OF INLAND WATERWAYS

  • Promotion of inland waterway transport “NAIADES”
  • Inland navigation: structural improvements
  • Inland navigation: Community-fleet capacity policy
  • Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation
  • Inland navigation: non-resident carriers
  • Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates
  • Inland navigation: transport of goods or passengers by inland waterway between Member States
  • Inland navigation: conditions attached to chartering and pricing
  • Inland waterways: River information services
  • Technical requirements for inland waterway vessels
  • Inland transport of dangerous goods

MARITIME SECURITY

  • Maritime security: Ship and port facility security
  • Port infrastructure: enhancing port security

Maritime safety: International Safety Management Code

Maritime safety: International Safety Management Code

Outline of the Community (European Union) legislation about Maritime safety: International Safety Management Code

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Transport > Waterborne transport

Maritime safety: International Safety Management (ISM) Code

Document or Iniciative

Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) [Official Journal L 64, 4.3.2006].

Summary

Implementation

The Regulation ensures that the Code is implemented correctly, strictly and uniformly in all the Member States in order to enhance safety management and safe operation and to prevent pollution. It applies to:

  • cargo ships flying the flag of a Member State;
  • passenger ships flying the flag of a Member State and engaged on national or international voyages;
  • cargo ships engaged on domestic voyages, whatever their flag;
  • mobile offshore drilling units operating under the authority of a Member State.

The Regulation does not apply to:

  • warships or troopships owned by a Member State and used only on government non-commercial service;
  • ships not propelled by mechanical means, wooden ships of primitive build, yachts and pleasure craft, unless they are carrying more than 12 passengers for commercial purposes;
  • fishing vessels;
  • cargo ships and mobile offshore drilling units of less than 500 gross tonnage;
  • passenger ships, other than ro-ro passenger ferries, in sea areas of Class C and D as defined in Article 4 of Directive 98/18/EC.

Certification and verification

Member States must comply with the provisions in Part B of the ISM Code and Title II of the Annex to the Regulation.

Derogations

If a Member State considers it difficult in practice for certain companies to comply with certain requirements of the ISM Code, it may derogate from these provisions by imposing equivalent measures. It may also establish alternative certification and verification procedures. It must then inform the Commission thereof.

Penalties

Member States must establish a system of effective, proportionate and dissuasive penalties for failure to comply with national provisions adopted pursuant to the Regulation.

Reports

Member States must report to the Commission every two years on the implementation of the ISM Code. The Commission must use these reports to compile a consolidated report addressed to the European Parliament and the Council.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 336/2006 24.3.2006 OJ L 64, 4.3.2006

Related Acts

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [OJ L 324, 29.11.2002].

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships [OJ L 144, 15.05.1998].

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) [Official Journal L 157, 7.7.1995].

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations [OJ L 319, 12.12.1994].

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Outline of the Community (European Union) legislation about Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Document or Iniciative

Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation [Official Journal L 322 of 12 November 1987].

Summary

Organisation of the transport market is necessary for the implementation of a common transport policy. Therefore, the measures intended to coordinate the conditions for access to the occupation of carrier are directed towards market integration, in the interest of users, carriers and the economy as a whole. This Directive is also likely to encourage the achievement of the free provision of services and the effective exercise of the right of establishment.

At the same time, the Directive allows for a degree of flexibility by allowing Member States to maintain or lay down rules governing the good repute and financial standing of the carrier. Carriers operating exclusively on navigable waterways on their territory not linked to the waterway network of another Member State may also be exempted from the Directive.

The Directive is based on the principle of mutual recognition of diplomas, certificates and other evidence of formal qualifications.

Scope

Access to the occupation of carrier of goods by waterway is governed by the Member States within the framework of the common rules as laid down in this Directive. The Directive does not apply to natural persons or undertakings pursuing the occupation of carrier of goods by waterway using vessels with a deadweight capacity at maximum draft not exceeding 200 tonnes. However, Member States may lower this limit for all or some transport operations or certain categories of transport.

Access to the occupation

Natural persons and undertakings must meet the condition of professional competence, which means possessing the competences recognised by the authority or body appointed to this end by each Member State in the areas listed in the annex. The authority will issue a certificate once it has verified possession of these competences (on the basis of a diploma, attendance at a course or sufficient practical experience). If the carrier no longer meets the conditions, the certificate may be withdrawn.

Key terms used in the act
Occupation of carrier of goods by waterway vessel: the activities engaged in by any natural person or any undertaking carrying goods by inland waterway for hire or reward, even if this occupation is not exercised on a regular basis,
Undertaking: companies or firms within the meaning of Article 58 of the Treaty and groups or cooperatives of operators whose purpose is to obtain business from shipping agents for distribution among their members, irrespective of whether such groups or cooperatives possess legal personality.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 87/540/EEC 30.6.1988 30.6.1988 OJ L 322 of 12.11.1987

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Outline of the Community (European Union) legislation about Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Document or Iniciative

Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers [Official Journal L 319 of 12.12.1994].

Summary

The aim of the Regulation is to encourage the use of oil tankers fitted with segregated ballast capacity by requiring the Community’s port and pilotage authorities either to apply the recommendations of Resolution A.747(18) or to permit a system of rebates on dues, such as that provided for in the said Resolution.

The Resolution invites governments to advise port authorities to apply to all tankers with segregated ballast tanks the recommendation of deducting the segregated ballast tank tonnage from the gross tonnage wherever their dues are based on the latter, and to advise pilotage authorities to act in accordance with the same recommendation.

The Regulation applies to oil tankers:

  • equipped with tanks especially designed to carry segregated ballast;
  • designed, built, adapted, equipped and operated as segregated ballast oil tankers, including double hull tankers of an alternative design;
  • meeting the requirements of the 1969 International Convention on Tonnage Measurement of Ships;
  • holding the International Tonnage Certificate (1969).

The Regulation requires the body issuing the International Tonnage Certificate (1969) to specify both the tonnage of the segregated ballast tanks of the vessel concerned – as calculated in accordance with the method set out in Annex I to the Regulation – and the reduced gross tonnage of the vessel.

Where port authorities base the dues payable by an oil tanker on its gross tonnage, they must, in accordance with the provisions of Resolution A.747(18), deduct the tonnage of the segregated ballast tanks from the vessel’s gross tonnage so that their calculations are based on the resulting reduced gross tonnage. Dues thus calculated must be at least 17% lower than those for an oil tanker of the same gross tonnage but without segregated ballast tanks.

Alternatively, the said authorities may assess dues on a basis other than that of gross tonnage as long as the dues are no less favourable than they would have been if calculated by the above method.

The Regulation establishes an advisory committee comprised of Member State representatives and chaired by a Commission representative.

Regulation (EC) No 417/2002

This Regulation generalises the ban on single hull oil tankers, introducing a schedule for their gradual withdrawal in line with the new international arrangements introduced by the Marpol 73/78 Convention (International Convention for the Prevention of Pollution from Ships). The new deadlines are:

– 2007 for Category 1 oil tankers delivered in 1981 or later;

– 2015 for Category 2 and 3 oil tankers delivered in 1989 or later.

The Regulation applies to oil tankers of 5 000 tonnes deadweight and above which fly the flag of a Member State or which, irrespective of their flag, enter into a port or offshore terminal under the jurisdiction of a Member State.

It does not apply to ships not used for commercial purposes, such as warships and naval auxiliaries.

Act

Date
of entry into force

Final date for implementation in the Member States

Regulation (EC) No 2978/94

01.01.1996

31.12.1995

Regulation (EC) No 417/2002

27.03.2002

01.09.2002

Related Acts

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [Official Journal L 324 of 29.11.2002].

Transfer of cargo and passenger ships between registers within the EU

Transfer of cargo and passenger ships between registers within the EU

Outline of the Community (European Union) legislation about Transfer of cargo and passenger ships between registers within the EU

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Transfer of cargo and passenger ships between registers within the EU

Document or Iniciative

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)].

Summary

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

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 789/2004

20.05.2004

OJ L 138, 30.04.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

Successive amendments and corrections to Regulation (EC) No 789/2004 have been incorporated into the basic text. This consolidated versionis for information only.