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Transfer of cargo and passenger ships between registers within the EU

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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

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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.

Checks on the transport of dangerous goods by road

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Checks on the transport of dangerous goods by road

Outline of the Community (European Union) legislation about Checks on the transport of dangerous goods by road

Topics

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

Transport > Road transport

Checks on the transport of dangerous goods by road

Document or Iniciative

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road [See amending acts].

Summary

This directive applies to checks carried out by European Union (EU) countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.

These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.

These checks must cover at least the items included in the checklist in Annex I to the directive, be carried out at different places, at any time of the day, and cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.

Consignments found to be in infringement may be immobilised, and obliged to be brought into conformity before continuing their journey, or be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the EU.

Checks may also be carried out at the premises of undertakings.

EU countries must work together to effectively implement this directive (report of the infringement to the country in which the carrier is registered, cooperation between EU countries to exchange information, etc.).

Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as the number of checks carried out, the number of vehicles checked by place of registration, and the number and type of infringements recorded.

Starting in 1999 and subsequently at least every three years, the Commission will send the European Parliament and the Council a report on the application of the directive by the EU countries.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 95/50/EC

17.10.1995

31.12.1996

OJ L 249 of 17.10.1995
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/26/EC

23.6.2001

23.12.2001

OJ L 168 of 23.6.2001
Directive 2004/112/EC

3.1.2005

14.12.2005

OJ L 367 of 14.12.2004
Directive 2008/54/EC

11.7.2008

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OJ L 162 of 21.6.2008

Successive amendments and corrections to Directive 95/50/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Report from the Commission to the European Parliament and the Council of 7 July 2010 on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2010) 364 – Not published in the Official Journal].
This report covers the period from 2006 to 2007. It concludes that all EU countries have carried out road checks in accordance with Directive 95/50/EC. The Commission found a significant improvement in the volume and quality of the data submitted. Within the checks reported, there continues to be a proportion of vehicles found to infringe the EU legislation. The number of checks in the EU has increased, reaching about 285 000 annual checks in 2007. The number of infringements per check appears to be stable with an infringement detected in approximately one out of eight checks. The fact that almost 10,000 vehicles were immobilised following their check due to a serious infringement demonstrates that practical enforcement of rules on the transport of dangerous goods at the roadside is useful and helps to improve safety.

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods [Official Journal L 260 of 30.9.2008].

Report from the Commission to the European Parliament and the Council of 13 December 2007 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2007) 795 final – Not published in the Official Journal].

Report from the Commission to the European Parliament and the Council on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2005) 430 – Not published in the Official Journal].

Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [Official Journal L 367 of 14.12.2004].

Report from the Commission to the European Parliament and the Council of 6 September 2000 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2000) 517 final – Not published in the Official Journal].