In the course of the assessment pursuant to Article 8(1), the Commission shall verify that the holder of the recognition is the relevant legal entity within the organisation to which the provisions of this Regulation shall apply. If that is not the case, the Commission shall take a decision amending that recognition.
Where the Commission amends the recognition, the Member States shall adapt their agreements with the recognised organisation to take account of the amendment.
Article 17
The Commission shall, on a biennial basis, inform the European Parliament and the Council on the application of this Regulation.
Article 18
References in Community and national law to Directive 94/57/EC shall be construed, as appropriate, as being made to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 19
This Regulation shall enter into force on the 20th day following its publication in the
Official Journal of the European Union
.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 23 April 2009.
For the European Parliament
The President
H.-G.
PÖTTERING
For the Council
The President
P.
NEČAS
(1)
OJ C 318, 23.12.2006, p. 195
.
(2)
OJ C 229, 22.9.2006, p. 38
.
(3) Opinion of the European Parliament of 25 April 2007 (
OJ C 74 E, 20.3.2008, p. 632
), Council Common Position of 6 June 2008 (
OJ C 190E, 29.7.2008, p. 1
), Position of the European Parliament of 24 September 2008 (not yet published in the Official Journal), Council Decision of 26 February 2009 and Legislative Resolution of the European Parliament of 11 March 2009 (not yet published in the Official Journal).
(4)
OJ L 319, 12.12.1994, p. 20
.
(5)
OJ L 184, 17.7.1999, p. 23
.
(6)
OJ L 208, 5.8.2002, p. 1
.
(7) See page 47 of this Official Journal.
(8)
OJ L 46, 17.2.1997, p. 25
.
(9) See page 57 of this Official Journal.
(10)
OJ L 324, 29.11.2002, p. 1
.
ANNEX I
MINIMUM CRITERIA FOR ORGANISATIONS TO OBTAIN OR TO CONTINUE TO ENJOY COMMUNITY RECOGNITION
(referred to in Article 3)
A. GENERAL MINIMUM CRITERIA
1.
A recognised organisation must have legal personality in the State of its location. Its accounts shall be certified by independent auditors.
2.
The recognised organisation must be able to document extensive experience in assessing the design and construction of merchant ships.
3.
The recognised organisation must be equipped at all times with significant managerial, technical, support and research staff commensurate with the size of the fleet in its class, its composition and the organisation’s involvement in the construction and conversion of ships. The recognised organisation must be capable of assigning to every place of work, when and as needed, means and staff commensurate with the tasks to be carried out in accordance with general minimum criteria under points 6 and 7 and with the specific minimum criteria under part B.
4.
The recognised organisation must have and apply a set of own comprehensive rules and procedures, or the demonstrated ability thereto, for the design, construction and periodic survey of merchant ships, having the quality of internationally recognised standards. They must be published and continually upgraded and improved through research and development programmes.
5.