WHAT DOES THIS REGULATION DO?
- It incorporates the ‘International management code for the safe operations of ships and for pollution prevention’ ( ISM Code) in the EU.
- In particular, its objective is to ensure that shipping companies comply with the ISM Code by means of
- establishment, implementation and proper maintenance of safety management systems on ships and on shore and
- their control by flag state (i.e. the country in which a vessel is registered) and port state (i.e. the country at whose port a vessel calls or anchors) administrations.
KEY POINTS
Scope
The regulation applies to the following types of ships and to companies operating them:
- cargo ships and passenger ships, flying the flag of an EU country, engaged on international voyages;
- cargo ships and passenger ships engaged exclusively on domestic voyages, regardless of their flag;
- cargo ships and passenger ships operating to or from EU ports, on a regular shipping service, regardless of their flag;
- mobile offshore drilling units operating under the authority of an EU country.
It does not apply to:
- warships or troopships and other ships owned or operated by an EU country and used only on government non-commercial service;
- ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft, unless they are carrying more than 12 passengers for commercial purposes;
- fishing vessels;
- cargo ships and mobile offshore drilling units of less than 500 gross tonnage;
- passenger ships, other than ro-ro (roll-on/roll-off) passenger ferries, in certain sea areas, as defined in Article 4 of Directive 2009/45/EC.
Certification and verification
EU countries must comply with Part B of the ISM Code.
Exemptions
If an EU country considers it difficult in practice for some companies to comply with certain ISM Code rules for specific ships exclusively engaged on domestic voyages, it may exempt them from those rules by imposing equivalent measures.
In such a case, the EU country has to notify the European Commission accordingly. If the proposed exemption is not justified, the country has to amend or refrain from adopting these measures.
Penalties
EU countries must establish a system of effective, proportionate and dissuasive penalties for failure to comply with the regulation.
Reports
EU countries have to report to the Commission every 2 years on the implementation of the ISM Code. Based on this biennial report, the Commission prepares a consolidated report for the European Parliament and the Council.
FROM WHEN DOES THE REGULATION APPLY?
It applies from 24 March 2006.
ACT
Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 4.3.2006, pp. 1–36)
Successive amendments to Regulation (EC) No 336/2006 have been incorporated in the original text. This consolidated version is of documentary value only.
RELATED ACTS
Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, pp. 1–5). See consolidated version.
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 (OJ L 131, 28.5.2009, pp. 47–56). See consolidated version.
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, pp. 57–100). See consolidated version.
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (Recast) (OJ L 163, 25.6.2009, pp. 1–140). See consolidated version.
