Regulation 2008/324 - Revised procedures for conducting Commission inspections in the field of maritime security - Main contents
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official title
Commission Regulation (EC) No 324/2008 of 9 April 2008 laying down revised procedures for conducting Commission inspections in the field of maritime security| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/324 |
| CELEX number i | 32008R0324 |
| Document | 09-04-2008 |
|---|---|
| Publication in Official Journal | 10-04-2008; Special edition in Croatian: Chapter 07 Volume 014,OJ L 98, 10.4.2008 |
| Effect | 30-04-2008; Entry into force Date pub. + 20 See Art 19 |
| End of validity | 31-12-9999 |
10.4.2008 |
EN |
Official Journal of the European Union |
L 98/5 |
COMMISSION REGULATION (EC) No 324/2008
of 9 April 2008
laying down revised procedures for conducting Commission inspections in the field of maritime security
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (1), and in particular Article 9(4) thereof,
Having regard to Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (2), and in particular Article 13(2) and (3) thereof,
Whereas:
(1) |
In order to monitor the application by Member States of Regulation (EC) No 725/2004 the Commission should conduct inspections starting six months after the entry into force of that Regulation. The organisation of inspections under the supervision of the Commission is necessary to verify the effectiveness of national quality control systems and maritime security measures, procedures and structures. |
(2) |
In accordance with Article 13(3) of Directive 2005/65/EC, the Commission should monitor the implementation by Member States of the said Directive jointly with the inspections provided for in Regulation (EC) No 725/2004. |
(3) |
The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (3) should provide the Commission with technical assistance in the performance of the latter’s inspection tasks in respect of ships, relevant companies and Recognised Security Organisations. |
(4) |
The Commission should co-ordinate the schedule and preparation of its inspections with the Member States. The Commission’s inspection teams should be able to call upon qualified national inspectors, where available. |
(5) |
Commission inspections should be carried out according to a set procedure, including a standard methodology. |
(6) |
Sensitive information relating to inspections should be treated as classified information. |
(7) |
Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures for conducting Commission inspections in the field of maritime security (4) should therefore be repealed. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down procedures for conducting Commission inspections to monitor the application of Regulation (EC) No 725/2004 at the level of each Member State and of individual port facilities and relevant companies.
This Regulation also lays down procedures for the monitoring by the Commission of the implementation of Directive 2005/65/EC jointly with the inspections at the level of Member States and port facilities in respect of ports as defined in Article 2(11) of this Regulation.
The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
1. |
‘Commission inspection’ means an examination by Commission inspectors of Member States' national maritime security quality control systems, measures, procedures and structures, to determine compliance with Regulation (EC) No 725/2004 and implementation of Directive 2005/65/EC; |
2. |
‘Commission inspector’ means a person fulfilling the criteria set out in Article 7 employed by the Commission, or employed by the European Maritime... |
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