OpenLegislation

Annex X1

United Kingdom

Original text. Later amendments are not shown.

The first column of this table refers to the relevant provisions of Regulation (EC) No 391/2009 and Annex I thereof, which for the purposes of this Regulation have formed groups of criteria and obligations each giving rise to one infringement. For obligations laid down in the main body of Regulation (EC) No 391/2009, the first column refers to the relevant article and paragraph. In the case of criteria listed in Annex I of that Regulation, the first column refers to the relevant part, criterion, sub-criterion and clause.

The second column contains a generic description of each group for the sole purpose of ease of reference.

Provisions of Regulation (EC) No 391/2009Subject matter of corresponding groups
Article 8(4)Disclosure of results of its quality system management review
Article 9(1) and criterion B.4Access to information and ship files
Article 9(2)Access to ships
Article 10(1), first partConsultation for equivalence and harmonisation of rules and procedures, and for common interpretations of the international conventions
Article 10(1), second partMutual recognition
Article 10(3)Cooperation with port State control administrations
Article 10(4)Information to the Commission, the Member States and other parties concerned as regards, inter alia, classed fleet, transfers, changes, suspensions and withdrawals of class
Article 10(5)Opportunity for the F1Secretary of State to advise as to the need for a full inspection on a ‘declassed’ or ‘class-changing’ ship, prior to the issuing of statutory certificates by the organisation
Article 10(6)Requirements in cases of transfer of class
Article 11(1), (2), (3) and (5)Taking all necessary measures to establish, maintain and ensure effective operation of an independent quality assessment and certification entity in accordance with the requirements of the Regulation
Criterion A.1Legal personality and audit requirements
Criterion A.2Documented adequate experience in assessing the design and construction of merchant ships
Criteria A.3, B.1 and B.7(g)Sufficient and adequate staff, worldwide coverage of services, exclusive surveyors.
Criteria A.4 and B.7(a)Establish and maintain a set of comprehensive class rules and procedures
Criterion A.5Register of ships
Criterion A.6Independence, impartiality and conflict of interest
Criteria A.7, B.7(c) first part and B.7(k)Statutory work requirements except ISM
Criterion B.2Code of ethics
Criterion B.3Confidentiality of relevant information required by the administration
Criterion B.5IP rights of shipyards, equipment suppliers, and shipowners
Criteria B.6, B.7(b) second part, B.7(c) second part, B.7(i) and B.8Quality management system including records
Criterion B.7(b)first partImplementation of class rules and procedures
Criterion B.7(d)Lines of responsibility, powers and interrelation of personnel
Criterion B.7(e)Operate under controlled conditions
Criterion B.7(f)Supervision of work carried out by surveyors and other staff
Criterion B.7(h)System of training and qualification of surveyors
Criterion B.7(j)Comprehensive internal audit system in all locations
Criterion B.7(l)Responsibility and control over regional offices and surveyors
Criterion B.9Direct knowledge and judgement
Criterion B.10ISM Code
Criterion B.11Participation of parties concerned in the development of rules and procedures

Annotations

Textual amendments

F1

Words in Annex substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(25); 2020 c. 1, Sch. 5 para. 1(1)

Editorial notes

X1

Note that the Annex to Commission Regulation (EU) No 788/2014 was not included in the Corrigendum to that Regulation published in the Official Journal of the European Union L 214 on 7.7.2014.