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Document 32023D2650
Council Decision (EU) 2023/2650 of 20 November 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XIII (Transport) to the EEA Agreement (Ship inspection)
Council Decision (EU) 2023/2650 of 20 November 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XIII (Transport) to the EEA Agreement (Ship inspection)
Council Decision (EU) 2023/2650 of 20 November 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XIII (Transport) to the EEA Agreement (Ship inspection)
ST/14565/2023/INIT
OJ L, 2023/2650, 24.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2650/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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Official Journal |
EN Series L |
2023/2650 |
24.11.2023 |
COUNCIL DECISION (EU) 2023/2650
of 20 November 2023
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XIII (Transport) to the EEA Agreement (Ship inspection)
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Agreement on the European Economic Area (2) (the ‘EEA Agreement’) entered into force on 1 January 1994. |
(2) |
Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIII (Transport) to the EEA Agreement. |
(3) |
Regulation (EC) No 391/2009 of the European Parliament and of the Council, (3) as well as 14 related legal acts, should be incorporated into the EEA Agreement. |
(4) |
Annex XIII (Transport) to the EEA Agreement should therefore be amended accordingly. |
(5) |
The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XIII (Transport) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 November 2023
For the Council
The President
H. CREVITS
(1) OJ L 305, 30.11.1994, p. 6.
(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).
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …
of …
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (the ‘EEA Agreement’), and in particular Article 98 thereof,
Whereas:
(1) |
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 (Recast) (1), as corrected by OJ L 74, 22.3.2010, p. 1, is to be incorporated into the EEA Agreement. |
(2) |
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 (2) is to be incorporated into the EEA Agreement. |
(3) |
Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Article 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (3), as corrected by OJ L 234, 7.8.2014, p. 15, is to be incorporated into the EEA Agreement. |
(4) |
Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols (4) is to be incorporated into the EEA Agreement. |
(5) |
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 (Recast) (5) is to be incorporated into the EEA Agreement. |
(6) |
Commission Implementing Directive 2014/111/EU of 17 December 2014 amending Directive 2009/15/EC with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols (6) is to be incorporated into the EEA Agreement. |
(7) |
Commission Decision 2009/728/EC of 30 September 2009 extending without limitations the Community recognition of the Polish Register of Shipping (7) is to be incorporated into the EEA Agreement. |
(8) |
Commission Decision (EU) 2015/669 of 24 April 2015 repealing Decision 2007/421/EC on the publication of the list of recognised organisations which have been notified by Member States in accordance with Council Directive 94/57/EC (8) is to be incorporated into the EEA Agreement. |
(9) |
Commission Implementing Decision 2013/765/EU of 13 December 2013 amending the recognition of Det Norske Veritas pursuant to Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (9) is to be incorporated into the EEA Agreement. |
(10) |
Commission Implementing Decision 2014/281/EU of 14 May 2014 granting EU recognition to the Croatian Register of Shipping pursuant to Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (10) is to be incorporated into the EEA Agreement. |
(11) |
Commission Implementing Decision (EU) 2015/668 of 24 April 2015 on amending the recognitions of certain organisations in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (11) is to be incorporated into the EEA Agreement. |
(12) |
Commission Implementing Decision (EU) 2016/1327 of 1 August 2016 granting EU recognition to the Indian Register of Shipping in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (12) is to be incorporated into the EEA Agreement. |
(13) |
Commission Implementing Decision of 24.3.2017 amending the recognition of Bureau Veritas SA – Registre international de classification de navires et d’aeronefs (BV) in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council on the common rules and standards for ship inspection and survey organisations (C(2017) 1881 final) is to be incorporated into the EEA Agreement. |
(14) |
Commission Implementing Decision of 29.6.2020 amending the recognition of Bureau Veritas Marine & Offshore SAS in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (C(2020) 4226 final) is to be incorporated into the EEA Agreement. |
(15) |
Commission Implementing Decision (EU) 2021/1227 of 27 July 2021 amending the recognition of DNV GL AS in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (13) is to be incorporated into the EEA Agreement. |
(16) |
List of organisations recognised on the basis of 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 2022/C 466/07 (14) is to be incorporated into the EEA Agreement. |
(17) |
Regulation (EC) No 391/2009 lays down recognition criteria and obligations for recognised organisations, including provisions on fines and periodic penalty payments. |
(18) |
Due to the special circumstances, namely that the Commission grants recognition to organisations, that the infringements affect the Union and its interests, and the complex and technical nature of the assessment and infringement procedures, the EFTA Surveillance Authority should cooperate closely with the Commission and await the Commission’s assessment and proposal for action before taking a decision regarding the application of fines and periodic penalty payments to organisations recognised based on a request from an EFTA State and having their principal place of business in an EFTA State. |
(19) |
Nothing in this Decision shall be construed to restrict or limit in any way the fulfilment of the Commission's obligations under the law of the European Union in relation to its duties as regards the recognition, assessment and, where appropriate, the imposition of corrective measures or sanctions on recognised organisations which have not been recognised on a request from an EFTA State and which do not have their principal place of business in an EFTA State. |
(20) |
Annex XIII to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XIII to the EEA Agreement shall be amended as follows:
1. |
The text of point 55b (Council Directive 94/57/EC) shall be replaced by the following: ‘ 32009 L 0015: 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 (Recast) (OJ L 131, 28.5.2009, p. 47), as amended by:
|
2. |
The following is inserted after point 55d (Directive 2009/21/EC of the European Parliament and of the Council):
|
Article 2
The texts of Regulations (EC) No 391/2009, as corrected by OJ L 74, 22.3.2010, p. 1, (EU) No 788/2014, as corrected by OJ L 234, 7.8.2014, p. 15 and (EU) 2019/492, Implementing Regulation (EU) No 1355/2014, Directive 2009/15/EC, Implementing Directive 2014/111/EU, Decisions 2009/728/EC and (EU) 2015/669, Implementing Decisions 2013/765/EU, 2014/281/EU, (EU) 2015/688, (EU) 2016/1327 and (EU) 2021/1227 and Implementing Decisions C(2017) 1881 of 24.3.2017 and C(2020) 4226 of 29.6.2020, and List 2022/C 466/07 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, …
For the EEA Joint Committee
The President
The Secretaries
To the EEA Joint Committee
(1) OJ L 131, 28.5.2009, p. 11.
(2) OJ L 85I, 27.3.2019, p. 5.
(3) OJ L 214, 19.7.2014, p. 12.
(4) OJ L 365, 19.12.2014, p. 82.
(5) OJ L 131, 28.5.2009, p. 47.
(6) OJ L 366, 20.12.2014, p. 83.
(7) OJ L 258, 1.10.2009, p. 34.
(8) OJ L 110, 29.4.2015, p. 24.
(9) OJ L 338, 17.12.2013, p. 107.
(10) OJ L 145, 16.5.2014, p. 43.
(11) OJ L 110, 29.4.2015, p. 22.
(12) OJ L 209, 3.8.2016, p. 15.
(13) OJ L 269, 28.7.2021, p. 143.
(14) OJ C 466, 7.12.2022, p. 24.
(*1) [No constitutional requirements indicated.] [Constitutional requirements indicated.]
ELI: http://data.europa.eu/eli/dec/2023/2650/oj
ISSN 1977-0677 (electronic edition)