ANNEX IISupplementary provisions
ANNEX II REPORT in accordance with Article 12 of Council Directive 94/57/EC ‘In exercising their obligations as port States, Member States shall report to the Commission and other Member States, and inform the flag State concerned, the discovery of the issue of valid certificates by organisations acting on behalf of a flag States to a ships which does not fulfil the relevant requirements of the international conventions, or of any failure of a ship carrying a valid class certificate and relating to items covered by that certificate. Only cases of ships representing a serious threat to safety and the environment or showing evidence of particularly negligent behaviour of the organisations shall be reported for the purpose of this Article . The recognised organisation concerned shall be advised of the case at the time of the initial inspection so that it can take appropriate follow-up action immediately.’ For the purpose of identifying the cases in which failures by the recognised organisation (hereinafter RO) to detect serious defects in the conditions of the surveyed vessels shall be reported to the Commission, the other Members States and the flag State concerned, the following criteria shall be applied: 1. the failure is related to statutory surveys performed by the RO and is manifestly due to gross negligence, recklessness or omission by the RO, 2. defects not properly addressed by the RO involve structural elements of the hull and/or machinery and/or safety equipment and are serious enough to result in: (a) suspension, withdrawal or conditional endorsement of the safety certificate by the flag State; or (b) prevention of operation under Council Directive 1999/35/EC ( 1 ) or a detention order under Council Directive 95/21/EC ( 2 ) being issued by the host or the port State where deficiencies cannot be repaired in less than five days. The report shall include an account of the case detailing why the above criteria were considered met. The following evidence material should also be attached where applicable: 1. copy of the safety certificates; 2. documents related to the statutory work performed by the RO before the defects were detected; 3. evidence of the action taken by the flag State, port State or host State; 4. copy of the class survey report issued as a result of the class attending the vessel after the defects were detected; 5. digital photographs of the defective areas. The attached format shall be used for reporting. The report shall be forwarded to the European Commission, EMSA and all Member States. Text of image REPORT submitted by (State reporting authority) I. General particulars Name of vessel: IMO number: Recognised organisation: Type of inspection: Port of inspection: Date of inspection: Follow up action: Duration of detention: Duration of the prevention of operation: II. Detailed account of the inspection and/or port State control inspection report Text of image III. Considerations on the behaviour of the recognised organisation IV. Follow-up action by the inspecting State, the flag State and the recognised organisation Text of image V. Documentary evidence provided ( 1 ) OJ L 138, 1.6.1999, p. 1 . ( 2 ) OJ L 157, 7.7.1995, p. 1 .