13228/10 PA/mkl 1 DGC I

Transcription

1 COUNCIL OF THE EUROPEAN UNION Brussels, 8 September /10 MAR 76 ENV 559 COVER NOTE from: European Commission date of receipt: 3 September 2010 to: General Secretariat of the Council Subject: Draft COMMISSION DECISION of [ ] establishing a harmonised form for reports in accordance with Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 Delegations will find attached Commission document D010744/02. Encl.: D010744/ /10 PA/mkl 1 DGC I EN

2 EUROPEAN COMMISSION D010744/02 Draft COMMISSION DECISION of [ ] establishing a harmonised form for reports in accordance with Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 EN EN EN

3 Draft COMMISSION DECISION of [ ] establishing a harmonised form for reports in accordance with Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 1, and in particular Article 10 thereof, Whereas: (1) Article 10(2) of Regulation (EC) No 336/2006 provides for a harmonised specimen standard form to be established by the Commission. This standard form should be drawn up as the means by which the Member States communicate to the Commission every two years the information required for the preparation of a report on the implementation of Regulation (EC) No 336/2006. (2) The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships. HAS ADOPTED THIS DECISION: Article 1 The harmonised form referred to in Article 10(2) of Regulation (EC) No 336/2006 shall be as set out in the Annex to this Decision. Article 2 This Decision shall enter into force on the 20 th day following its publication in the Official Journal of the European Union. 1 OJ L 64, , p. 1. EN 2 EN

4 This Decision is addressed to the Member States. Done at Brussels, [ ] For the Commission [ ] Member of the Commission EN 3 EN

5 ANNEX Model of the harmonised specimen form which Member States should use to communicate to the Commission the information required to draw up the report on the implementation by Member States of the Regulation on the implementation of the International Safety Management Code (Article 10(2) of Regulation (EC) No 336/2006). 1. REFERENCE PERIOD Period: from: to: 2. SCOPE (a) How many cargo ships and passenger ships flying the Member State flag and engaged on international voyages have been certified and have implemented the International Safety Management (ISM) Code? Number of passenger ships: Number of cargo ships: Total number of ships: (b) How many companies have been issued with a Document of Compliance and what types of ship are indicated on their Documents of Compliance? Number of companies: Ship types (mark with X if relevant) Passenger Passenger High Speed Cargo High Speed Bulk Carrier Oil tanker Chemical tanker Gas carrier MODU 2 Other Cargo Ship 2 Mobile Offshore Drilling Units not propelled by mechanical means need not comply with these requirements EN 4 EN

6 Ro-ro passenger ferry (c) How many cargo ships and passenger ships flying the Member State flag engaged exclusively on domestic voyages, have fully or otherwise as per Article 7 of Regulation (EC) No 336/2006 implemented the ISM Code? Number of passenger ships Number of cargo ships Total ships (d) Have your competent authorities applied a version of the ISM Code on non-self propelled ships, or cargo ships and Mobile Offshore Drilling Units of less than 500gt? If so, please indicate the number concerned. Cargo ships <500gt MODU <500gt Non-self-propelled ships 3. DEROGATIONS Have your competent authorities found the need to use derogations for certain ships or categories of ships engaged exclusively on domestic voyages? 4. PENALTIES What administrative or penal sanctions have been put in place in the legal system of the Member State against non-compliant ships and Companies operating under its flag, and what sanctions policy changes, if any, have been made during the period in question? 5. ANNEX I, PART A - IMPLEMENTATION Member States are invited to forward their comments and recommendations for improvements according to the headings within Annex I, Part A of the Regulation. 6. ANNEX I, PART B - CERTIFICATION AND VERIFICATION (a) Please indicate how many Documents of Compliance, if any, have had to be withdrawn, either on the basis that the annual verification has not been complied with or where there is evidence of major non-conformities, by: (i) the Member State (ii) a recognised organisation, at the request of the Administration (iii) another contracting government, at the request of the Administration (b) How many times has the Member State requested another contracting government to withdraw Documents of Compliance as invalid or based on evidence of a major non conformity. EN 5 EN

7 Number of times (c) How many Documents of Compliance have had to be withdrawn as result of the withdrawal of the Safety Management Certificate? In your answer, please indicate whether those Documents of Compliance withdrawn concerned an international Document of Compliance or a certificate issued according to Regulation (EC) 336/2006. (i) Number of international Documents of Compliance withdrawn (ii) Number of Documents of Compliance (Regulation) withdrawn (d) Please indicate how many Safety Management Certificates, if any, have had to be withdrawn, either on the basis that the verification has not been complied with or if there is evidence of major non-conformities, by: (i) the Member State (ii) a recognised organisation, at the request of the Administration (iii) another contracting government, at the request of the Administration (e) How many times has the Member State requested another contracting government to withdraw Safety Management Certificates as invalid or based on evidence of a major non conformity. Number of times (f) How many Safety Management Certificates have had to be withdrawn as result of the withdrawal of the Documents of Compliance? Total number of Safety Management Certificates withdrawn Of the total number of Safety Management Certificates withdrawn, please indicate how many were withdrawn as a result of the withdrawal of an international Document of Compliance and how many were withdrawn as a result of the withdrawal of a certificate issued according to Regulation (EC) 336/2006? (i) Number concerning Documents of Compliance (international) (ii) Number concerning Document of Compliance (Regulation) (g) In how many cases has the Member State extended the validity of the Interim Safety Management Certificate (ISMC) beyond the 6 months period, and for what reason? (For example, any additional requirements or unified interpretations). Cases involving unforeseen circumstances: Cases where the SMS was unsatisfactorily implemented: Total number of cases (various reasons) EN 6 EN

8 7. ANNEX II - PART A GENERAL PROVISIONS (IMO Resolution A.1022(26)) - Guidelines on the Implementation of the International Safety Management (ISM) Code by Administrations) (a) Has the Member State or Recognised Organisation acting on its behalf encountered difficulties in verifying the Company objectives as defined in paragraph of the ISM Code? (For example, relevant and upcoming international and national mandatory rules and regulations, or possible applicable codes, guidelines and standards). (b) What difficulties did the Member State/Recognised Organisation acting on its behalf, encounter in the follow-up and verification of corrective action which had been agreed? (for example, not specified, not carried out, not measured, irrelevant, unrealistic, lack of training) 8. ANNEX II - PART B - CERTIFICATION AND STANDARDS (a) What work agreements does the Member State have with the Recognized Organizations under Article 5(2) of Directive 2009/15/EC, which deal with the ISM code? (b) How many requests has the Member State made to another Member State and/or a third country to assess a Company or a Ship and issue a Document of Compliance or Safety Management Certificate? (c) How many requests has the Member State received from another Member State and/or a third country to assess a Company or a Ship and issue a Document of Compliance or Safety Management Certificate? (d) Has the Member State encountered difficulties with the (basic) competence of those managing and performing verification (audits) on its behalf? 9. GENERAL COMMENTS (a) What methods to streamline the implementation and follow-up of the ISM Code could be further explored. (For example, in what ways would the increased use of IT be beneficial?) (b) What is the experience of the Member State regarding the application of the guidelines and ISM Code in general? (For example, in order to improve efficiency, which part of the ISM Code should be further amended or requires additional guidelines?) EN 7 EN