Ship inspection and survey organisations: withdrawal of the United Kingdom from the Union

PURPOSE: to ensure legal certainty for ship operators and the continuity of maritime transport activities in the event of Brexit without a withdrawal agreement.

LEGISLATIVE ACT: Regulation (EU) 2019/492 of the European Parliament and of the Council amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union.

CONTENT: this Regulation amends Regulation (EC) No 391/2009 in order to remove the legal uncertainty created by the withdrawal of the United Kingdom with regard to the organisations authorised to carry out ship inspection and certification and to preserve the continuity of the activities of the shipowners concerned and the competitiveness of the flags of the EU-27 Member States which work with the organisations concerned.

After its withdrawal from the Union, the United Kingdom shall no longer be able to participate in these assessments.

In order to continue to benefit from Union recognition, recognised organisations must continue to fulfil the requirements and minimum criteria set. This is verified through the continuous assessment carried out by the Commission, together with the relevant Member State. Therefore, regular assessments play an important role for continued recognition of organisations.

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.

All recognised organisations shall be assessed by the Commission, together with the Member State or Member States which authorised them in accordance with Directive 2009/15/EC, on a regular basis and at least every two years, to verify that they meet the obligations under this Regulation.

In order to ensure the coordination of national and Union activities with regard to the monitoring of recognised organisations, the Commission shall consult with experts and identify and exchange good practices to avoid duplication of work and to make best use of existing capacities and resources.

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.

ENTRY INTO FORCE: 28.3.2019. The Regulation shall apply on the day following the date on which Union law ceases to apply in the United Kingdom.