Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance Text with EEA relevance

Current text a fecha 2013-01-04

Article 1

Identification of companies

Member States shall ensure that the company as defined in Article 2(18) of Directive 2009/16/EC is identified through the IMO number where the ship has to comply with the International Safety Management Code (ISM Code) as referred to in Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS Convention).

Article 2

Criteria for assessing the company performance

Article 3

Publication of lists of companies with a low and very low performance

EMSA shall publish, from 1 January 2014, and update on a daily basis on its public website the following information:

(a) the list of companies whose performance has been very low for a continuous period of 36 months;

(b) the list of companies whose performance has been low or very low for a continuous period of 36 months;

Article 4

Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

COMPANY PERFORMANCE CRITERIA

(referred to in Article 10(3) of Directive 2009/16/EC)

1. Detention index of a company

The detention index is the ratio of the number of detentions of all ships in a company’s fleet to the number of inspections of all the ships in the company’s fleet within the previous 36 months, compared with the average detention ratio for all ships inspected in the region covered by the Paris MoU over the previous 36 months.

The detention index shall be considered average if it is within a margin of 2 percentage points above or below the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index shall be considered above average if it is more than 2 percentage points above the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index shall be considered below average if it is more than 2 percentage points below the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index of a company shall be considered above average irrespective of all other inspection results if a refusal of access order in accordance with Directive 2009/16/EC is issued within the previous 36 months to any ship in the fleet of that company.

2. Deficiency index of a company

The deficiency index is the ratio of the total points of all deficiencies of all ships in a company’s fleet to the number of inspections of all ships in the company’s fleet during the previous 36 months, compared with the average deficiency ratio for all ships inspected in the region covered by the Paris MoU over the previous 36 months.

For the purposes of the first subparagraph ISM Code related deficiencies shall be weighted at 5 points while any other deficiencies shall be weighted at 1 point. The average deficiency ratio within the region covered by the Paris MoU shall be weighted taking into account the average occurrence of ISM Code related deficiencies and any other deficiencies per inspection.

The deficiency index shall be considered average if it is within a margin of 2 percentage points above or below the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

The deficiency index shall be considered above average if it is more than 2 percentage points above the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

The deficiency index shall be considered below average if it is more than 2 percentage points below the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

3. Company performance matrix

Company performance shall be ranked as follows:

Detention index	Deficiency index	Company performance
above average	above average	very low
above average	average	low
above average	below average
average	above average
below average	above average
average	average	medium
average	below average
below average	average
below average	below average	high

However, if a company has no previous records of inspections carried on its fleet or is not required to have an IMO number, it shall be considered as having medium performance.