Introductory text

United Kingdom

Commission Regulation (EU) 2016/103

of 27 January 2016

amending Regulation (EC) No 2099/2002 of the European Parliament and of the Council establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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^f1, and in particular Article 7 thereof,

Whereas:

(1)

Regulation (EC) No 2099/2002 has established the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS).

(2)

The role of the COSS is to centralise the tasks of the committees set up under the Union legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions.

(3)

All new Union legislation adopted in the field of maritime safety and the prevention of pollution from ships should provide for recourse to the COSS.

(4)

Since the last amendment of Regulation (EC) No 2099/2002 several new Union acts adopted in the field of maritime safety and the prevention of pollution from ships provide that the Commission should be assisted by COSS, in particular, Article 28 of Directive 2008/106/EC of the European Parliament and of the Council^f2, Article 6 of Directive 2009/15/EC of the European Parliament and of the Council^f3, Article 12 of Regulation (EC) No 391/2009 of the European Parliament and of the Council^f4, Article 10 of Regulation (EC) No 392/2009 of the European Parliament and of the Council^f5, Article 31 of Directive 2009/16/EC of the European Parliament and of the Council^f6, Article 19 of Directive 2009/18/EC of the European Parliament and of the Council^f7, Article 10 of Directive 2009/21/EC of the European Parliament and of the Council^f8, Article 11 of Directive 2009/45/EC of the European Parliament and of the Council^f9 and Article 38 of Directive 2014/90/EU of the European Parliament and of the Council^f10.

(5)

In addition, Article 4d(2) of Council Directive 1999/32/EC^f11, Article 10 of Regulation (EU) No 530/2012 of the European Parliament and of the Council^f12 and Article 19(5) and (6) of Commission Regulation (EU) No 788/2014^f13 provide recourse to the COSS.

(6)

Subsequent to the adoption of Regulation (EC) No 2099/2002, the following Union acts referred to in Article 2(2) of that Regulation have been repealed: Council Regulation (EEC) No 613/91^f14, Council Directive 93/75/EEC^f15, Council Regulation (EC) No 3051/95^f16, Council Directive 98/18/EC^f17, Directive 2001/25/EC of the European Parliament and of the Council^f18, Directive 2002/6/EC of the European Parliament and of the Council^f19 and Regulation (EC) No 417/2002 of the European Parliament and of the Council^f20.

(7)

The following Union acts referred to in Article 2(2) of Regulation (EC) No 2099/2002 have been recast: Council Directive 94/57/EC^f21 which has been recast into Directive 2009/15/EC of the European Parliament and of the Council^f22 and Regulation (EC) No 391/2009 of the European Parliament and of the Council^f23, while Council Directive 95/21/EC^f24 has been recast in Directive 2009/16/EC of the European Parliament and of the Council^f25.

(8)

Regulation (EC) No 2099/2002 should therefore be amended accordingly.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS),

HAS ADOPTED THIS REGULATION:

Annotations

Footnotes

f1: OJ L 324, 29.11.2002, p. 1.
f2: Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33).
f3: Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28.5.2009, p. 47).
f4: Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 11).
f5: Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24).
f6: Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).
f7: Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ L 131, 28.5.2009, p. 114).
f8: Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).
f9: Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).
f10: Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).
f11: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).
f12: Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (OJ L 172, 30.6.2012, p. 3).
f13: Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Articles 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (OJ L 214, 19.7.2014, p. 12).
f14: Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (OJ L 68, 15.3.1991, p. 1).
f15: Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247, 5.10.1993, p. 19).
f16: Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) (OJ L 320, 30.12.1995, p. 14).
f17: Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (OJ L 144, 15.5.1998, p. 1).
f18: Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (OJ L 136, 18.5.2001, p. 17).
f19: Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community (OJ L 67, 9.3.2002, p. 31).
f20: Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94 (OJ L 64, 7.3.2002, p. 1).
f21: 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, p. 20).
f22: Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28.5.2009, p. 47).
f23: Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 11).
f24: Council Directive 95/21/EC of 19 June 1995 on port State control (OJ L 157, 7.7.1995, p. 1).
f25: Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).