Date: 2015-04-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2015/668 of 24 April 2015 on amending the recognitions of certain organisations in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (notified under document C(2015) 2595) (Text with EEA relevance)
Executive Summary:
This Commission Implementing Decision (EU) 2015/668 amends the recognitions of certain ship inspection organizations, specifically Lloyd's Register of Shipping, Korean Register of Shipping, Nippon Kaiji Kyokai, and Registro Italiano Navale, in accordance with Regulation (EC) No 391/2009. The decision acknowledges changes in the legal entities of these organizations. This decision entered into force on April 24, 2015.
Key Points / Main Content:
Recognition Amendments:
* Korean Register of Shipping (KR): The holder of the recognition is now KR Korean Register.
* Lloyd's Register of Shipping (LR): The holder of the recognition is now Lloyd's Register Group LTD LR.
* Nippon Kaiji Kyokai (NK): The holder of the recognition is now Nippon Kaiji Kyokai General Incorporated Foundation ClassNK.
* Registro Italiano Navale (RINA): The holder of the recognition is now RINA Services S.p.A.
Basis for Amendments:
* The amendments reflect changes in the relevant parent entities of the recognized organizations.
* These changes do not impact the organizations' ability to comply with Regulation (EC) No 391/2009.
* The Commission verified that the holder of the recognition is the relevant legal entity within the organization.
Committee Opinion:
* The measures are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships.
Impact Analysis:
Member States:
* Impact: Member States must recognize the amended recognitions of the specified organizations.
* Action Required: Update records and documentation to reflect the new names of the recognized organizations.
Lloyd's Register Group LTD LR, KR Korean Register, Nippon Kaiji Kyokai General Incorporated Foundation ClassNK, and RINA Services S.p.A.:
* Impact: These organizations are formally recognized under their new legal entities.
* Action Required: Ensure compliance with Regulation (EC) No 391/2009 under the new entity names.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for implementing decisions.
Regulation EC No 391/2009: A regulation of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations.
Lloyd's Register Group LTD LR: A ship classification society and risk management organisation. Formerly known as Lloyd's Register of Shipping LR.
Korean Register KR: A ship classification society.
Nippon Kaiji Kyokai General Incorporated Foundation ClassNK: A ship classification society. Formerly known as Nippon Kaiji Kyokai NK.
RINA Services S.p.A.: A company providing testing, inspection, certification and engineering consultancy services. Formerly Registro Italiano Navale RINA.
Council Directive 94/57/EC: A directive on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
L 110/22 EN Official Journal of the European Union 29.4.2015
COMMISSION IMPLEMENTING DECISION (EU) 2015/668
of 24 April 2015
on amending the recognitions of certain organisations in accordance with Article 16 of Regulation
(EC) No 391/2009 of the European Parliament and of the Council
(notified under document C(2015) 2595)
(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 391/2009 of the European Parliament and of the Council of 23 April 2009 on the
common rules and standards for ship inspection and survey organisations (1), and in particular Article 4(1) and
Article 16 thereof,
Whereas:
(1) Pursuant to Article 16 of Regulation (EC) No 391/2009, the Commission has to verify that the holder of the
recognition granted in accordance with Article 4(3) and Article 2(c) of that Regulation is the relevant legal entity
within the organisation to which the provisions of that Regulation apply. If that is not the case, the Commission
has to take a decision amending that recognition.
(2) Commission Decision 2007/421/EC (2) referred to the organisations recognised by the Member States in
accordance with Council Directive 94/57/EC (3) by providing that the Director-General for Energy and Transport
shall publish in the Official Journal of the European Union an updated list of organisations recognised in compliance
with Directive 94/57/EC by 1 July each year.
(3) The latest list of organisations recognised on the basis of Directive 94/57/EC was published in the Official Journal
of the European Union (4) in 2007.
(4) The recognitions of Lloyd's Register of Shipping (LR), Korean Register of Shipping (KR), Nippon Kaiji Kyokai (NK)
and Registro Italiano Navale (RINA) were granted in accordance with Directive 94/57/EC.
(5) In accordance with Article 15(1) of Regulation (EC) No 391/2009, the organisations which on 17 June 2009 had
been granted recognition in accordance with Directive 94/57/EC retained their recognition.
(6) In the case of Korean Register of Shipping (KR), the relevant parent entity of all legal entities that constitute the
recognised organisation was renamed as ‘KR (Korean Register)’.
(7) In the case of Nippon Kaiji Kyokai (NK), the relevant parent entity of all legal entities that constitute the
recognised organisation has changed its legal status under Japanese law from a ‘Foundation’ to a ‘General
Incorporated Foundation’. As such, the complete name of the entity to which the recognition should be granted
is ‘Nippon Kaiji Kyokai General Incorporated Foundation (ClassNK)’.
(8) In the case of Lloyd's Register of Shipping (LR), the originally recognised organisation was first renamed Lloyd's
Register and subsequently renamed Lloyd's Register Group Limited as a result of the company converting from a
society incorporated under the United Kingdom's Industrial & Provident Societies Act of 1965, as amended, into
a company incorporated under the United Kingdom's Companies Act of 2006. As such, the new name of the
entity to which the recognition should be granted is ‘Lloyd's Register Group LTD (LR)’.
(1) OJ L 131, 28.5.2009, p. 11.
(2) Commission Decision 2007/421/EC of 14 June 2007 repealing Decision 96/587/EC on the publication of the list of recognised
organisations which have been notified by Member States in accordance with Council Directive 94/57/EC (OJ L 157, 19.6.2007, p. 18).
(3) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for
the relevant activities of maritime administrations (OJ L 319, 12.12.1994, p. 20).
(4) OJ C 135, 19.6.2007, p. 4.29.4.2015 EN Official Journal of the European Union L 110/23
(9) In the case of Registro Italiano Navale (RINA), all activities falling under Regulation (EC) No 391/2009 have been
transferred from Registro Italiano Navale to RINA S.p.A., a fully owned subsidiary of RINA, followed by the
transfer of these activities to RINA Services S.p.A. which is a fully owned subsidiary of RINA S.p.A.. Therefore,
‘RINA Services S.p.A.’ is the relevant parent entity of all legal entities that constitute the recognised organisation
and to which recognition should be granted.
(10) The changes in the identity of the mentioned relevant parent entities do not impact the capability of the
respective organisations to comply with the requirements laid down in Regulation (EC) No 391/2009.
(11) 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 established by Regulation (EC) No 2099/2002 of the European
Parliament and of the Council (1),
HAS ADOPTED THIS DECISION:
Article 1
The holder of the recognition previously granted to Korean Register of Shipping (KR) shall be, from the date of entry
into force of this Decision, ‘KR (Korean Register)’, which is the parent entity of all legal entities that constitute the
recognised organisation for the purpose of Regulation (EC) No 391/2009.
Article 2
The holder of the recognition previously granted to Lloyd's Register of Shipping (LR) shall be, from the date of entry
into force of this Decision, ‘Lloyd's Register Group LTD (LR)’, which is the parent entity of all legal entities that
constitute the recognised organisation for the purpose of Regulation (EC) No 391/2009.
Article 3
The holder of the recognition previously granted to Nippon Kaiji Kyokai (NK) shall be, from the date of entry into force
of this Decision, ‘Nippon Kaiji Kyokai General Incorporated Foundation (ClassNK)’, which is the parent entity of all legal
entities that constitute the recognised organisation for the purpose of Regulation (EC) No 391/2009.
Article 4
The holder of the recognition previously granted to Registro Italiano Navale (RINA) shall be, from the date of entry into
force of this Decision, ‘RINA Services S.p.A.’, which is the parent entity of all legal entities that constitute the recognised
organisation for the purpose of Regulation (EC) No 391/2009.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 24 April 2015.
For the Commission
Violeta BULC
Member of the Commission
(1) 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 prevention of pollution
from ships (OJ L 324, 29.11.2002, p. 1).