Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation

• CELEX: Regulation (EC) No 536/2008
• Articles: 6

Article 1

The purpose of this Regulation is to:

—

establish measures in order to allow ships flying the flag of a third State that enter a port or offshore terminal of a Member State to demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003,

—

establish procedures for control by the port State within the Community, and

—

amend the references to the AFS-Statement of Compliance in Regulation (EC) No 782/2003 and Annex I to that Regulation.

Article 2

1.   Ships referred to in Article 3(1)(c) of Regulation (EC) No 782/2003 shall demonstrate their compliance with Article 5 of that Regulation in accordance with paragraphs 2, 3 and 4 of this Article.

2.   During the interim period ships flying the flag of a State which is a Party to the International Convention on the control of harmful anti-fouling systems on ships (hereinafter referred to as the AFS-Convention) shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of a Statement of Compliance in accordance with paragraph 5.4.1 of the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC.102(48) of the Marine Environment Protection Committee of the International Maritime Organisation (hereinafter referred to as the MEPC).

3.   As from the entry into force of the AFS-Convention ships flying the flag of a State which is a Party to the AFS-Convention shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of an International Anti-Fouling System Certificate in accordance with Annex 4 to the AFS-Convention.

4.   Ships flying the flag of a State which is not a Party to the AFS-Convention, shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of a Statement of Compliance delivered by the Administration of the flag State by applying the provisions of Article 10 of the AFS-Convention, in conjunction with Annex 4 thereto and the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC.102(48) of the MEPC. For the purpose of this paragraph the references made in the said Article, Annex and guidelines to the International Anti-Fouling System Certificate shall be construed as references to the Statement of Compliance.

Article 3

1.   During the interim period Member States shall apply control provisions equivalent to those laid down in Council Directive 95/21/EC  ( 3 ) to ships falling within the scope of Regulation (EC) No 782/2003 in accordance with paragraphs 2 and 3 of this Article.

2.   With regard to the inspections and detection of breaches, and without prejudice to Article 2 of this Regulation, Member States shall apply the provisions of Article 11 of the AFS-Convention and be guided by the guidelines for inspection of anti-fouling systems on ships annexed to Resolution MEPC.105(49) of the MEPC.

3.   Paragraph 1 shall apply to ships referred to in Article 3(1)(c) of Regulation (EC) No 782/2003 from 1 January 2008.

Article 4

In fulfilling their obligations pursuant to Articles 6 and 7 of Regulation (EC) No 782/2003, Member States shall be guided by the guidelines for brief sampling of anti-fouling systems on ships annexed to Resolution MEPC.104(49) of the MEPC.

Article 5

Regulation (EC) No 782/2003 is amended as follows:

1.

in Article 2, point 9 is replaced by the following:

‘9.

“European AFS-Statement of Compliance” means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State;’;

2.

in Article 6(2), point (b) is replaced by the following:

‘(b)

until a year after the date referred to in point (a), Member States shall recognise any European AFS-Statement of Compliance.’;

3.

in Annex I, paragraph 1.4, the reference to Resolution MEPC.101(48) is replaced by a reference to Resolution MEPC.102(48).

Article 6

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union .