Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Summaries of EU Legislation

Maritime safety: International Safety Management (ISM) Code for shipping

SUMMARY OF:

Regulation (EC) No 336/2006 on the implementation of the International Safety Management Code within the EU

WHAT DOES THIS REGULATION DO?

  • It incorporates the ‘International management code for the safe operations of ships and for pollution prevention’ ( ISM Code) in the EU.
  • In particular, its objective is to ensure that shipping companies comply with the ISM Code by means of
    • establishment, implementation and proper maintenance of safety management systems on ships and on shore and
    • their control by flag state (i.e. the country in which a vessel is registered) and port state (i.e. the country at whose port a vessel calls or anchors) administrations.

KEY POINTS

Scope

The regulation applies to the following types of ships and to companies operating them:

  • cargo ships and passenger ships, flying the flag of an EU country, engaged on international voyages;
  • cargo ships and passenger ships engaged exclusively on domestic voyages, regardless of their flag;
  • cargo ships and passenger ships operating to or from EU ports, on a regular shipping service, regardless of their flag;
  • mobile offshore drilling units operating under the authority of an EU country.

It does not apply to:

  • warships or troopships and other ships owned or operated by an EU country and used only on government non-commercial service;
  • ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft, unless they are carrying more than 12 passengers for commercial purposes;
  • fishing vessels;
  • cargo ships and mobile offshore drilling units of less than 500 gross tonnage;
  • passenger ships, other than ro-ro (roll-on/roll-off) passenger ferries, in certain sea areas, as defined in Article 4 of Directive 2009/45/EC.

Certification and verification

EU countries must comply with Part B of the ISM Code.

Exemptions

If an EU country considers it difficult in practice for some companies to comply with certain ISM Code rules for specific ships exclusively engaged on domestic voyages, it may exempt them from those rules by imposing equivalent measures.

In such a case, the EU country has to notify the European Commission accordingly. If the proposed exemption is not justified, the country has to amend or refrain from adopting these measures.

Penalties

EU countries must establish a system of effective, proportionate and dissuasive penalties for failure to comply with the regulation.

Reports

EU countries have to report to the Commission every 2 years on the implementation of the ISM Code. Based on this biennial report, the Commission prepares a consolidated report for the European Parliament and the Council.

FROM WHEN DOES THE REGULATION APPLY?

It applies from .

ACT

Regulation (EC) No 336/2006 of the European Parliament and of the Council of on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, , pp. 1–36)

Successive amendments to Regulation (EC) No 336/2006 have been incorporated in the original text. This consolidated version is of documentary value only.

last update

Top