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

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).

1 With a view to assessing the company performance referred to in point (e) of Part I.1 of Annex I to Directive 2009/16/EC, the criteria set out in the Annex to this Regulation shall be used.

2 The level of company performance shall be updated daily and calculated on the basis of the 36 months preceding the assessment. For that purpose the calculation shall be made on the basis of data collected from 17 June 2009. Where less than 36 months have elapsed since 17 June 2009, the calculation shall be made on the basis of the available data.

3 The companies shall be ranked as having a very low, low, medium or high performance as listed in point 3 of the Annex.

1 The Commission shall be assisted by the European Maritime Safety Agency (EMSA) with a view to the regular publication on a public website of information on companies with a low and very low performance in accordance with Article 27 of Directive 2009/16/EC.

2 EMSA shall publish and update on a daily basis on its public website the following information: (a) the list of companies whose performance during the previous 36 months has been very low, for a period of at least 3 months on a continuous basis; (b) the list of companies whose performance during the previous 36 months has been low or very low, for a period of at least 3 months on a continuous basis; (c) the list of companies whose performance during the previous 36 months has been low for a period of at least 6 months on a continuous basis.

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.