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Official Journal EN
of the European Union L series
2024/1464 13.6.2024
DECISION OF THE EEA JOINT COMMITTEE No 326/2023
of 8 December 2023
amending Annex XIII (Transport) to the EEA Agreement [2024/1464]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009on common rules
and standards for ship inspection and survey organisations (Recast)(1), as corrected by OJ L 74, 22.3.2010, p. 1, is
to be incorporated into the EEA Agreement.
(2) Regulation (EU) 2019/492 of the European Parliament and of the Council of 25 March 2019amending Regulation
(EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union(2)is to be incorporated
into the EEA Agreement.
(3) Commission Regulation (EU) No 788/2014 of 18 July 2014laying 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 Article 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council(3), as
corrected by OJ L 234, 7.8.2014, p. 15, is to be incorporated into the EEA Agreement.
(4) Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC)
No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and
related amendments to certain conventions and protocols(4)is to be incorporated into the EEA Agreement.
(5) 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
(Recast)(5)is to be incorporated into the EEA Agreement.
(6) Commission Implementing Directive 2014/111/EU of 17 December 2014 amending Directive 2009/15/EC with
regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments
to certain conventions and protocols(6)is to be incorporated into the EEA Agreement.
(7) Commission Decision 2009/728/EC of 30 September 2009 extending without limitations the Community
recognition of the Polish Register of Shipping(7)is to be incorporated into the EEA Agreement.
(8) Commission Decision (EU) 2015/669 of 24 April 2015repealing Decision 2007/421/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(8)is to be incorporated into the EEA Agreement.
(9) Commission Implementing Decision 2013/765/EU of 13 December 2013amending the recognition of Det Norske
Veritas pursuant to Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules
and standards for ship inspection and survey organisations(9)is to be incorporated into the EEA Agreement.
(1) OJ L 131, 28.5.2009, p. 11.
(2) OJ L 85I, 27.3.2019, p. 5.
(3) OJ L 214, 19.7.2014, p. 12.
(4) OJ L 365, 19.12.2014, p. 82.
(5) OJ L 131, 28.5.2009, p. 47.
(6) OJ L 366, 20.12.2014, p. 83.
(7) OJ L 258, 1.10.2009, p. 34.
(8) OJ L 110, 29.4.2015, p. 24.
(9) OJ L 338, 17.12.2013, p. 107.
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(10) Commission Implementing Decision 2014/281/EU of 14 May 2014 granting EU recognition to the Croatian
Register of Shipping pursuant to Regulation (EC) No 391/2009 of the European Parliament and of the Council on
common rules and standards for ship inspection and survey organisations(10) is to be incorporated into the EEA
Agreement.
(11) 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(11)is to be incorporated into the EEA Agreement.
(12) Commission Implementing Decision (EU) 2016/1327 of 1 August 2016 granting EU recognition to the Indian
Register of Shipping in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the
Council on common rules and standards for ship inspection and survey organisations(12)is to be incorporated into
the EEA Agreement.
(13) Commission Implementing Decision of 24.3.2017 amending the recognition of Bureau Veritas SA – Registre
international de classification de navires et d’aeronefs (BV) in accordance with Article 16 of Regulation (EC)
No 391/2009 of the European Parliament and of the Council on the common rules and standards for ship
inspection and survey organisations (C(2017) 1881 final) is to be incorporated into the EEA Agreement.
(14) Commission Implementing Decision of 29.6.2020amending the recognition of Bureau Veritas Marine & Offshore
SAS in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council
(C(2020) 4226 final) is to be incorporated into the EEA Agreement.
(15) Commission Implementing Decision (EU) 2021/1227 of 27 July 2021amending the recognition of DNV GL AS in
accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council(13)is to
be incorporated into the EEA Agreement.
(16) List of organisations recognised on the basis of 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 2022/C
466/07(14)is to be incorporated into the EEA Agreement.
(17) Regulation (EC) No 391/2009 lays down recognition criteria and obligations for recognised organisations, including
provisions on fines and periodic penalty payments.
(18) Due to the special circumstances, namely that the Commission grants recognition to organisations, that the
infringements affect the Union and its interests, and the complex and technical nature of the assessment and
infringement procedures, the EFTA Surveillance Authority should cooperate closely with the Commission and await
the Commission’s assessment and proposal for action before taking a decision regarding the application of fines and
periodic penalty payments to organisations recognised based on a request from an EFTA State and having their
principal place of business in an EFTA State.
(19) Nothing in this Decision shall be construed to restrict or limit in any way the fulfilment of the Commission's
obligations under the law of the European Union in relation to its duties as regards the recognition, assessment and,
where appropriate, the imposition of corrective measures or sanctions on recognised organisations which have not
been recognised on a request from an EFTA State and which do not have their principal place of business in an
EFTA State.
(20) Annex XIII to the EEA Agreement should therefore be amended accordingly,
(10) OJ L 145, 16.5.2014, p. 43.
(11) OJ L 110, 29.4.2015, p. 22.
(12) OJ L 209, 3.8.2016, p. 15.
(13) OJ L 269, 28.7.2021, p. 143.
(14) OJ C 466, 7.12.2022, p. 24.
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HAS ADOPTED THIS DECISION:
Article 1
Annex XIII to the EEA Agreement shall be amended as follows:
1. The text of point 55b (Council Directive 94/57/EC) shall be replaced by the following:
‘32009 L 0015: Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009on common
rules and standards for ship inspection and survey organisations and for the relevant activities of maritime
administrations (Recast) (OJ L 131, 28.5.2009, p. 47), as amended by:
— 32014 L 0111: Commission Implementing Directive 2014/111/EU of 17 December 2014 (OJ L 366,
20.12.2014, p. 83).’
2. The following is inserted after point 55d (Directive 2009/21/EC of the European Parliament and of the Council):
‘55e. 32009 R 0391: 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 (Recast) (OJ L 131,
28.5.2009, p. 11), as corrected by OJ L 74, 22.3.2010, p. 1, as amended by:
— 32014 R 1355: Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014
(OJ L 365, 19.12.2014, p. 82),
— 32019 R 0492: Regulation (EU) 2019/492 of the European Parliament and of the Council of 25 March
2019(OJ L 85I, 27.3.2019, p. 5).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following
adaptations:
(a) In Article 3:
(i) in paragraph 1, the following subparagraph shall be added:
“EFTA States which wish to grant an authorisation to any organisation which is not yet
recognised shall submit a request for recognition to the EFTA Surveillance Authority together
with complete information on, and evidence of, the organisation’s compliance with the
minimum criteria set out in Annex I and on the requirement and its undertaking that it shall
comply with the provisions of Articles 8(4), 9, 10 and 11. The EFTA Surveillance Authority
shall further submit the request to the Commission.”;
(ii) in paragraph 2, the following subparagraph shall be added:
“If the request was submitted by an EFTA State, the Commission, together with the respective
EFTA State, and in close cooperation with the EFTA Surveillance Authority, shall carry out
assessments of the organisations for which the request for recognition was received in order to
verify that the organisations meet and undertake to comply with the requirements referred to in
paragraph 1.”.
(b) The following subparagraph shall be added in Article 5:
“In the case of organisations which have their principal place of business in an EFTA State and have been
recognised on the basis of a request from an EFTA State, the above tasks assigned to the Commission
shall be carried out in close cooperation with the EFTA Surveillance Authority. Any preventive and
remedial action towards organisations which have their principal place of business in an EFTA State and
have been recognised on the basis of a request from an EFTA State shall be taken by the EFTA
Surveillance Authority. The Commission shall provide the EFTA Surveillance Authority with its
assessment and a proposal on how to act.”.
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(c) In Article 6:
(i) in paragraphs 1 and 2, the following subparagraph shall be added:
“In the case of organisations which have their principal place of business in an EFTA State and
have been recognised on the basis of a request from an EFTA State, the above tasks assigned to
the Commission shall be carried out by the EFTA Surveillance Authority. The Commission shall
provide the EFTA Surveillance Authority with its assessment and a proposal on how to act.”;
(ii) in paragraph 4, the words “or, as regards decisions taken by the EFTA Surveillance Authority, the
EFTA Court” shall be inserted after the words “Court of Justice of the European Communities”.
(d) In Article 7:
(i) in paragraph 1(c), the words “and, as regards organisations which have their principal place of
business in an EFTA State and have been recognised on the basis of a request from an EFTA
State, the assessment of the EFTA Surveillance Authority” shall be inserted after the word
“Commission”;
(ii) in paragraph 2(a), the words “and, as regards organisations which have their principal place of
business in an EFTA State and have been recognised on the basis of a request from an EFTA
State, the assessment of the EFTA Surveillance Authority” shall be inserted after the words “its
own assessment”;
(iii) in paragraph 3, the words “, at the request of the EFTA Surveillance Authority as regards
organisations which have their principal place of business in an EFTA State and have been
recognised on the basis of a request from an EFTA State,” shall be inserted after the word
“initiative”.
(e) In Article 8:
(i) in paragraphs 1 and 2, the following subparagraph shall be added:
“In the case of organisations which have their principal place of business in an EFTA State and
have been recognised on the basis of a request from an EFTA State, the EFTA Surveillance
Authority, together with the respective EFTA State, and in close cooperation with the
Commission, shall carry out the assessments.”;
(ii) in paragraph 3, the following subparagraph shall be added:
“In the case of organisations which have their principal place of business in an EFTA State and
have been recognised on the basis of a request from an EFTA State, the above tasks assigned to
the Commission shall be carried out by the EFTA Surveillance Authority in close cooperation
with the Commission.”.
(f) In Article 10:
(i) in paragraph 1, the words “, or as regards organisations recognised on the basis of a request from
an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “Commission”;
(ii) in paragraph 4, the words “and EFTA States” shall be inserted after the words “Member States”,
and the words “and the EFTA Surveillance Authority, as the case may be,” shall be inserted after
the word “Commission”.
(g) In Article 11:
(i) in paragraph 5, the words “, the EFTA Surveillance Authority” shall be inserted after the words
“flag States”;
(ii) in paragraph 7, the words “and to the EFTA States” shall be inserted after the words “Member
States”.
(h) In Article 16, the words “and the EFTA States” shall be inserted after the words “the Member States”.
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55ea. 32009 D 0728: Commission Decision 2009/728/EC of 30 September 2009extending without limitations
the Community recognition of the Polish Register of Shipping (OJ L 258, 1.10.2009, p. 34).
55eb. 32013 D 0765: Commission Implementing Decision 2013/765/EU of 13 December 2013 amending the
recognition of Det Norske Veritas pursuant to Regulation (EC) No 391/2009 of the European Parliament
and of the Council on common rules and standards for ship inspection and survey organisations (OJ L 338,
17.12.2013, p. 107), as amended by:
— Commission Implementing Decision C(2017) 1881 of 24.3.2017,
— Commission Implementing Decision C(2020) 4226 of 29.6.2020,
— 32021 D 1227: Commission Implementing Decision (EU) 2021/1227 of 27 July 2021 (OJ L 269,
28.7.2021, p. 143).
55ec. 32014 D 0281: Commission Implementing Decision 2014/281/EU of 14 May 2014 granting EU
recognition to the Croatian Register of Shipping pursuant to Regulation (EC) No 391/2009 of the European
Parliament and of the Council on common rules and standards for ship inspection and survey organisations
(OJ L 145, 16.5.2014, p. 43).
55ed. 32015 D 0668: 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 (OJ L 110, 29.4.2015, p. 22).
55ee. 32015 D 0669: Commission Decision (EU) 2015/669 of 24 April 2015 repealing Decision 2007/421/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 110, 29.4.2015, p. 24).
55ef. 32016 D 1327: Commission Implementing Decision (EU) 2016/1327 of 1 August 2016 granting EU
recognition to the Indian Register of Shipping in accordance with Regulation (EC) No 391/2009 of the
European Parliament and of the Council on common rules and standards for ship inspection and survey
organisations (OJ L 209, 3.8.2016, p. 15).
55eg. 52022XC1207(01): List of organisations recognised on the basis of 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 (2022/C 466/07) (OJ C 466, 7.12.2022, p. 24).
55f. 32014 R 0788: Commission Regulation (EU) No 788/2014 of 18 July 2014laying 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 Article 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), as corrected by OJ L 234, 7.8.2014, p. 15.
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following
adaptations:
(a) As regards the provisions on the implementation of Article 6 of Regulation (EC) No 391/2009, the word
“Commission” shall read “the EFTA Surveillance Authority in the case of organisations which have their
principal place of business in an EFTA State and have been recognised on the basis of a request from an
EFTA State”.
(b) In Article 10(1), the words “, at the request of the EFTA Surveillance Authority in the case of
organisations which have their principal place of business in an EFTA State and have been recognised
on the basis of a request from an EFTA State,” shall be inserted after the word “initiative”.
(c) In Article 11:
(i) the following subparagraph shall be added in paragraph 1:
“As regards the EFTA States, the request shall be submitted to the EFTA Surveillance Authority,
together with the documentary evidence referred to in paragraph 3. The EFTA Surveillance
Authority shall pass the request and the documentary evidence on to the Commission.”;
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(ii) the following subparagraph shall be added to paragraph 7:
“Where the request was made by an EU Member State and concerns organisations which have their
principal place of business in an EFTA State and have been recognised on the basis of a request from
an EFTA State, the Commission shall also pass on the request and its accompanying evidence to the
EFTA Surveillance Authority.”.
(d) The following paragraph shall be added to Article 16:
“6. Access to documents and other evidence compiled by the EFTA Surveillance Authority shall be
governed by the applicable rules of the EFTA Surveillance Authority.”.
(e) In Article 22(4), the words “or the EFTA Court in the case of decisions taken by the EFTA Surveillance
Authority” shall be inserted after the words “Court of Justice of the European Union”.
(f) In Article 23(4)(b), the words “or the EFTA Court in the case of decisions taken by the EFTA Surveillance
Authority” shall be inserted after the words “Court of Justice of the European Union”.’
Article 2
The texts of Regulations (EC) No 391/2009, as corrected by OJ L 74, 22.3.2010, p. 1, (EU) No 788/2014, as corrected by
OJ L 234, 7.8.2014, p. 15 and (EU) 2019/492, Implementing Regulation (EU) No 1355/2014, Directive 2009/15/EC,
Implementing Directive 2014/111/EU, Decisions 2009/728/EC and (EU) 2015/669, Implementing
Decisions 2013/765/EU, 2014/281/EU, (EU) 2015/688, (EU) 2016/1327 and (EU) 2021/1227 and Implementing
Decisions C(2017) 1881 of 24.3.2017 and C(2020) 4226 of 29.6.2020, and List 2022/C 466/07 in the Icelandic and
Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be
authentic.
Article 3
This Decision shall enter into force on 9 December 2023, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made(*).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 8 December 2023.
For the EEA Joint Committee
The President
Pascal SCHAFHAUSER
(*) Constitutional requirements indicated.
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