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Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 3 CELEX: 02009L0021-20250105 Definitions
For the purposes of this Directive, the following definitions shall apply: (a) ‘ship’ means a ship or craft to which one or more Conventions apply, flying the flag of a Member State and in respect of which a certificate is required; (b) ‘administration’ means the competent authorities of the Member State whose flag the ship is flying; (c) ‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (recast) (); (d) ‘certificates’ means statutory certificates issued in respect of the relevant IMO Conventions; (e) ‘IMO audit’ means an audit conducted in accordance with the provisions of Resolution A.1067(28) on the Framework and Procedures for the IMO Member State Audit Scheme, in its up-to-date version, adopted by the International Maritime Organisation (IMO); (f) ‘Conventions’ means the conventions, with the Protocols and amendments thereto, making the use of the III Code mandatory, and the related codes of mandatory status, in their up-to-date versions; |
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 3 CELEX: 02009L0021-20250105 (g) ‘III Code’ means Resolution A.1070(28) (the IMO Instruments Implementation Code), adopted by the IMO, Part 2, with the exception of paragraphs 16, 18, 19, 20.3, 21, 29, 30, 31, 32, 34, 38, 39, 40 and 41 of that Part, in its up-to-date version; (h) ‘flag State surveyor’ means a public sector employee, working exclusively for and duly authorised by the competent authority of a Member State, responsible for or performing surveys, verifications and audits of ships and companies covered by the relevant international mandatory instruments and fulfilling the independence requirement laid down in Article 8(1); (i) ‘flag State inspector’ means: (i) a public sector employee, working exclusively for and duly authorised by the competent authority of a Member State; or (ii) a person who is non-exclusively employed and who is duly authorised by the competent authority of a Member State, on an ad hoc basis or in a contractual situation with the competent authority of the Member State, who may carry out flag State inspections, and who fulfils the qualification and independence requirements laid down in Article 8(1); |
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 3 CELEX: 02009L0021-20250105 (j) ‘other personnel who assist in the performance of surveys’ means persons duly authorised by the administration of the Member State or by a recognised organisation acting on its behalf, who may assist flag State surveyors when carrying out surveys, as specified by the administration, and who fulfil the communication, qualification and independence requirements laid down in Article 8(1); (k) ‘flag State inspection’ means an inspection not leading to certification, conducted to verify that the actual condition of the ship and its crew is in conformity with the certificates that it carries. |