Article 1, Point (3) · Directive (EU) 2024/3100

Contents

(3)Article 3 is amended as follows:

(a)point (a) is replaced by the following:

(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)point (e) is replaced by the following:

(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);’

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(c)the following points are added:

(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;

(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);

(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.’

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