Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2019/492 of the European Parliament and of the Council of 25 March 2019 amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union (Text with EEA relevance.)
**Executive Summary:**
This Regulation (EU) 2019/492 amends Regulation (EC) No 391/2009 concerning ship inspection, survey, and certification organisations, in light of the United Kingdom's withdrawal from the European Union. It ensures continued assessment of recognised organisations previously recognised by the UK. The regulation entered into force and applied the day after publication and the day following that on which Regulation EC No 391/2009 ceases to apply to the United Kingdom, respectively. The Commission must report on the effects of this regulation to the European Parliament and the Council within three years of its application.
**Key Points / Main Content:**
* **Amendment to Regulation (EC) No 391/2009:**
* Article 8(1) is replaced to ensure that the Commission, along with the Member State(s) that authorised the recognised organisation according to Article 32 of Directive 2009/15/EC, assesses recognised organisations regularly (at least every two years). This verifies their compliance with the Regulation and Annex I criteria. The assessment is limited to activities within the Regulation's scope.
* **Assessment of Recognised Organisations:**
* Organisations initially recognised by the United Kingdom will continue to be assessed to ensure they meet requirements for Union recognition.
* Assessments will be conducted by the Commission with the Member State(s) that authorised the organisation per Article 32 of Directive 2009/15/EC.
* **Coordination and Best Practices:**
* The Commission should consult with experts to identify and exchange good practices to avoid duplication of work and optimize resources in monitoring recognised organisations.
* **Reporting:**
* The Commission shall report to the European Parliament and the Council on the effects of this Regulation not later than three years following its date of application.
* **Entry Into Force and Application:**
* The Regulation entered into force on the day following its publication in the Official Journal of the European Union.
* It applies from the day following that on which Regulation (EC) No 391/2009 ceases to apply to the United Kingdom.
**Impact Analysis:**
**European Commission:**
* *Impact:* Responsible for conducting assessments of recognised organisations, in cooperation with relevant Member States, and for reporting on the effects of the Regulation.
* *Action Required:* Conduct regular assessments as specified in the amended Article 8(1) of Regulation (EC) No 391/2009, coordinate with experts, and report to the European Parliament and the Council within three years.
**Member States:**
* *Impact:* Involved in the assessment process of recognised organisations they have authorised, particularly those previously recognised by the United Kingdom.
* *Action Required:* Cooperate with the Commission in assessing recognised organisations they have authorised according to Article 32 of Directive 2009/15/EC.
**Recognised Ship Inspection, Survey, and Certification Organisations:**
* *Impact:* Subject to continued assessment to maintain Union recognition, particularly those initially recognised by the United Kingdom.
* *Action Required:* Ensure ongoing compliance with Regulation (EC) No 391/2009 and Annex I criteria to meet the requirements for continued recognition.
**European Parliament and Council:**
* *Impact:* Oversight and review of the effects of the Regulation based on the Commission's report.
* *Action Required:* Review the Commission's report within three years of the Regulation's application.
Key Entities Referenced
European Parliament: One of the legislative branches of the European Union, directly elected by EU citizens.
Council of the European Union: A legislative body of the European Union consisting of government ministers from each member state.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
United Kingdom: A country that was formerly a member state of the European Union and is withdrawing from the Union.
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.
Directive 2009/15/EC: A directive of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations.
Treaty on European Union: One of the primary treaties forming the constitutional basis of the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
27.3.2019 EN Official Journal of the European Union L 85 I/5
REGULATION (EU) 2019/492 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom
from the Union
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom
from the date of entry into force of a withdrawal agreement, or failing that, two years after that notification,
namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously
decides to extend that period.
(2) Regulation (EC) No 391/2009 of the European Parliament and of the Council (3) and Directive 2009/15/EC of
the European Parliament and of the Council (4) together constitute the regulatory framework for the activities of
recognised ship inspection, survey and certification organisations.
(3) In accordance with Article 8(1) of Regulation (EC) No 391/2009, ship inspection, survey and certification organ
isations recognised at Union level by the Commission (‘recognised organisations’) are to be assessed on a regular
basis and at least every two years by the Commission, together with the Member State that submitted the relevant
request for recognition of the organisation.
(4) For reasons of equal treatment, organisations which were initially recognised by the relevant Member State in
accordance with Council Directive 94/57/EC (5) and currently enjoy Union recognition under Article 15(1) of
Regulation (EC) No 391/2009 are to be assessed by the Commission together with the Member State which
initially recognised those organisations.
(5) In accordance with Articles 7 and 8 of Regulation (EC) No 391/2009, in order to continue to benefit from Union
recognition, recognised organisations must continue to fulfil the requirements and minimum criteria set out in
Annex I to that Regulation. This is verified through the continuous assessment carried out by the Commission,
together with the relevant Member State, in accordance with Article 8(1) of that Regulation. Therefore, regular
assessments play an important role for continued recognition of organisations.
(1) OJ C 62, 15.2.2019, p. 298.
(2) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and decision of the Council of
19 March 2019.
(3) 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).
(4) 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).
(5) 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).L 85 I/6 EN Official Journal of the European Union 27.3.2019
(6) Following its withdrawal from the Union, the United Kingdom will no longer be able to participate in the
assessments carried out pursuant to Article 8(1) of Regulation (EC) No 391/2009.
(7) The recognised organisations which were initially recognised by the United Kingdom currently enjoy Union
recognition and have been entrusted by other Member States with duties in relation to the inspection, survey and
certification of ships, in accordance with Article 3(2) of Directive 2009/15/EC. Article 8(1) of Regulation (EC)
No 391/2009 should therefore be amended in order to ensure that those organisations will continue to be
subject to assessment in accordance with the requirements of that provision.
(8) The monitoring and oversight obligations that Member States currently have to fulfil under Article 9 of Directive
2009/15/EC should also be taken into account. In this regard, the assessment of recognised organisations under
Regulation (EC) No 391/2009 should be conducted by the Commission together with the Member State or
Member States which authorised the relevant recognised organisation in accordance with Article 3(2) of Directive
2009/15/EC.
(9) In order to ensure the coordination of national and Union activities with regard to the monitoring of recognised
organisations, the Commission should consult with experts and identify and exchange good practices to avoid
duplication of work and to make best use of existing capacities and resources.
(10) This Regulation should enter into force as a matter of urgency on the day following that of its publication in the
Official Journal of the European Union and should apply from the day following that on which Regulation (EC)
No 391/2009 ceases to apply to the United Kingdom,
HAVE ADOPTED THIS REGULATION:
Article 1
In Article 8 of Regulation (EC) No 391/2009, paragraph 1 is replaced by the following:
‘1. All recognised organisations shall be assessed by the Commission, together with the Member State or Member
States which authorised them in accordance with Article 3(2) of Directive 2009/15/EC, on a regular basis and at
least every two years, to verify that they meet the obligations under this Regulation and fulfil the minimum criteria
set out in Annex I to this Regulation. The assessment shall be confined to those activities of the recognised organ
isations, which fall within the scope of this Regulation.’
Article 2
The Commission shall report to the European Parliament and to the Council on the effects of this Regulation not later
than three years following its date of application.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
It shall apply from the day following that on which Regulation (EC) No 391/2009 ceases to apply to the United
Kingdom.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 March 2019.
For the European Parliament For the Council
The President The President
A. TAJANI G. CIAMBA