Commission Regulation (EC) No 540/2008 of 16 June 2008 amending Annex II to Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management (ISM) Code within the Community, as regards format of forms

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), and in particular Article 11(2) thereof,

Whereas:

(1) The ISM Code was amended by the International Maritime Organisation (IMO) by Resolution 179(79) of the Maritime Safety Committee, adopted on 10 December 2004, which amended the format of the document of compliance and safety management certificate with effect from 1 July 2006.

(2) Article 2(1) of Regulation (EC) No 336/2006 defines the ISM Code as that set out in Annex I to the said Regulation, in its up-to-date version.

(3) In the interests of clarity and legibility, the relevant forms should also be updated in Annex II of Regulation (EC) No 336/2006.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and Prevention of Pollution from Ships,

HAS ADOPTED THIS REGULATION:

Article 1

Section 5 in Part B of Annex II to Regulation (EC) No 336/2006 is replaced by the Annex to this Regulation.

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, 16 June 2008.

For the Commission Antonio TAJANI Vice-President

(1) OJ L 64, 4.3.2006, p. 1.