HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 347/10
EN
Official Journal of the European Union
15.12.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 1205/2012
of 14 December 2012
amending Regulation (EU) No 802/2010 as regards the company performance
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
provided before the first publication in order to gather in
the THETIS database sufficient data reported by the
Having regard to the Treaty on the Functioning of the European
Member States in accordance with Directive 2009/16/EC.
Union,
(7)
The companies to be listed are exclusively determined on
the basis of the information transferred and validated by
Having regard to Directive 2009/16/EC of the European
the Member States in the inspection database, in
Parliament and of the Council of 23 April 2009 on port
conformity with Article 24(3) of Directive 2009/16/EC.
State control ( 1 ), and in particular Article 27 thereof,
This information includes inspections of the ships, defi
ciencies identified during the inspections and detentions.
Whereas:
It also includes the ship information (name, IMO identi
fication number, call sign and flag) as well as the name
of the owner or person such as the manager or bareboat
(1)
Company performance is one of the generic parameters
determining the risk profile of a ship.
charterer, who has assumed the responsibility for the

operation of the ship as well as the duties and responsi
bilities imposed by the International Safety Management
(2) In
order
to
assess
company
performance,
the
deficiency
(ISM) Code. In this way the performance of a company
and detention rates of all ships in a company’s fleet,
and of the vessels for which it is responsible can be
which have been subject to an inspection within the
automatically monitored in the inspection database and
Union and within the region covered by the Paris
the lists can be updated on a daily basis.
Memorandum of Understanding on port State control
(Paris MoU), should be taken into account.
(8) The
Commission
should
be
able
to
retrieve
from
the
inspection database, using its automatic functionalities,
(3) The
implementing
rules
to
calculate
the
company
the relevant data in order to determine the companies
performance criteria for the ship risk profile as well as
to be included on the list of companies with a low and
the methodology for drawing up the lists for publication
very low performance.
are set out in Commission Regulation (EU) No 802/2010
of 13 September 2010 implementing Article 10(3) and
(9) The
methodology
for
determining
the
company
Article 27 of Directive 2009/16/EC of the European
performance matrix is based on the processing of the
Parliament and of the Council as regards company
detention index and the deficiency index of the
performance ( 2 ).
company as provided for in the Annex to Regulation
(EU) No 802/2010.
(4)
Simulations of the publication of the lists based on the
information recorded in the inspection database demon
(10) The
measures
provided
for
in
this
Regulation
are
in
strate that the methodology for publication set out in
accordance with the opinion of the Committee on Safe
Regulation (EU) No 802/2010 should be more targeted.
Seas and the Prevention of Pollution from Ships,
(5) Therefore
in
order
to
make
the
lists
of
companies
with
a HAS ADOPTED THIS REGULATION:
low or very low performance relevant it is necessary to
amend the criteria used for drawing these lists to focus
Article 1
publication on the poorest performing companies. This
should not change the computation of the company
Article 3(2) of Regulation (EU) No 802/2010 is replaced by the
performance calculation for the ship risk profile.
following:

(6) To
be
listed
on
the
lists
of
low
and
very
low
performing
‘2. EMSA
shall
publish,
from
1
January
2014,
and
update
companies the company should have demonstrated a
on a daily basis on its public website the following
level of poor performance for a continuous period of
information:
36 months directly preceding the publication. A
consistently poor performance for such an extended
period demonstrates an unwillingness or inability on
(a) the list of companies whose performance has been very
the part of the company to improve performance. As
low for a continuous period of 36 months;
publication on the lists is based on the processing of
the data corresponding to the performance of the
(b) the list of companies whose performance has been low or
companies for 36 months, sufficient time should be
very low for a continuous period of 36 months;
( 1 ) OJ L 131, 28.5.2009, p. 57.
(c) the list of companies whose performance has been low
( 2 ) OJ L 241, 14.9.2010, p. 4.
for a continuous period of 36 months.’.

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EN
15.12.2012 Official
Journal
of
the
European
Union L
347/11
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of
the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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