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Co-operation of Member States
Without prejudice to Commission responsibilities, Member States shall cooperate with the Commission in the accomplishment of its inspection tasks. The cooperation shall be effective during the preparatory, control and reporting phases.
Exercise of Commission powers
1. Each Member State shall ensure that Commission inspectors are able to exercise their authority to inspect the maritime security activities of any competent authority under Regulation (EC) No 725/2004 or Directive 2005/65/EC and of any relevant company. 2. Each Member State shall ensure that, upon request, Commission inspectors have access to all relevant security related documentation and in particular: (a) the national programme for the implementation of Regulation (EC) No 725/2004 referred to in Article 9(3) of that Regulation; (b) data supplied by the focal point and monitoring reports referred to in Article 9(4) of Regulation (EC) No 725/2004; (c) the outcome of Member States' monitoring of the implementation of port security plans. 3. Wherever Commission inspectors encounter difficulties in the execution of their duties, the Member States concerned shall by any means within their legal powers assist the Commission to accomplish in full its task.
Participation of national inspectors in Commission inspections
1. Member States shall endeavour to make available to the Commission national inspectors able to participate in Commission inspections, including the related preparatory and reporting phases. 2. A national inspector shall not participate in Commission inspections in the Member State where he is employed. 3. Each Member State shall provide the Commission with a list of national inspectors on whom the Commission may call to participate in a Commission inspection. That list shall be updated, at least by the end of June each year. 4. The Commission shall communicate to the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004 (hereinafter the Committee) the lists referred to in the first subparagraph of paragraph 3 of this Article. 5. Where the Commission considers that the participation of a national inspector is necessary in a particular Commission inspection, it shall request information from Member States as to the availability of national inspectors for the conduct of that inspection. Such requests shall normally be made eight weeks in advance of the inspection. 6. The expenses arising from the participation of national inspectors in Commission inspections shall, in compliance with Community rules, be met by the Commission.
Technical assistance from the European Maritime Safety Agency in Commission inspections
In providing the Commission with technical assistance pursuant to Article 2(b)(iv) of Regulation (EC) No 1406/2002, the European Maritime Safety Agency shall make technical experts available to participate in Commission inspections, including the related preparatory and reporting phases.
Qualification criteria and training for Commission inspectors
1. Commission inspectors shall have appropriate qualifications, including sufficient theoretical and practical experience in maritime security. This shall normally include: (a) a good understanding of maritime security and how it is applied to the operations being examined; (b) a good working knowledge of security technologies and techniques; (c) a knowledge of inspection principles, procedures and techniques; (d) a working knowledge of the operations being examined. 2. In order to qualify for Commission inspections, Commission inspectors shall have successfully completed training to carry out such inspections. In the case of national inspectors the training necessary for them to act as Commission inspectors shall: (a) be accredited by the Commission; (b) be initial and recurrent; (c) ensure a standard of performance adequate for the purposes of controlling whether security measures are implemented in accordance with Regulation (EC) No 725/2004 and Directive 2005/65/EC. 3. The Commission shall ensure that Commission inspectors fulfil the criteria set out in paragraphs 1 and 2.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.