Regulation (EU) 2019/492 amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union

Summary:

Regulation of the European Parliament and of the Council of 25 March 2019 on the recognition of organisations providing services for the inspection and survey of ships flying the flag of Member States, in the framework of the United Kingdom's decision to withdraw from the European Union.

Further information:

Article 8(1) of Regulation (EC) No 391/2009 requires ship inspection and survey organisations recognised at EU level by the European Commission to be assessed at least every two years by the Commission together with the Member State that submitted the initial request for recognition of the organisation.

Following the UK's withdrawal from the EU, the UK will no longer be in a position to participate in these assessments for those organisations for which the UK acted as the 'sponsor' Member State. Consequently, the continued validity of the recognition for these organisations at EU level could be called into question and will not be clarified with sufficient legal certainty under the existing provisions of the Regulation.

The proposed Regulation aims to increase legal certainty, secure business continuity for the affected shipowners and maintain the competitiveness of EU-27 Member States’ flags. The proposal was presented by the European Commission on 1 August 2018, and an informal agreement between institutions on a compromise text for this draft law was reached on 21 January 2019.

• Primary Source

Official

EUR-Lex: COM(2018)567: Proposal for a Regulation amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:567:FIN

European Parliament: Legislative Observatory: Procedure File for proposal on common rules and standards for ship inspection and survey organisations: withdrawal of the United Kingdom from the Union http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2018/0298(COD)

Council of the European Union: Press Release, 14/11/2018: Ship inspections: preparing for Brexit https://www.consilium.europa.eu/en/press/press-releases/2018/11/14/ship-inspections-preparing-for-brexit/

Council of the European Union: Press Release, 25/01/2019: Ship inspection organisations: member states approve agreement with Parliament on amendment related to Brexit preparedness https://www.consilium.europa.eu/en/press/press-releases/2019/01/25/ship-inspection-organisations-member-states-approve-agreement-with-parliament-on-amendment-related-to-brexit-preparedness/

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