Commission Implementing Regulation (EU) 2016/462 of 30 March 2016 amending Regulation (EC) No 324/2008 laying down revised procedures for conducting Commission inspections in the field of maritime security (Text with EEA relevance)

1 Without prejudice to Commission responsibilities, Member States shall cooperate with the Commission in the accomplishment of its inspection tasks. This cooperation shall be effective during the preparatory, monitoring and reporting phases.

2 Member States shall take all necessary steps to ensure that notification of an inspection: (a) is kept under strict measures of security to guarantee its non-disclosure in order not to compromise the inspection process; and (b) is communicated to relevant parties on a need-to-know basis.’;

In providing the Commission with technical assistance pursuant to Article 2(2)(b) of Regulation (EC) No 1406/2002, the European Maritime Safety Agency shall make technical experts available to participate in Commission inspections, including the related preparatory and reporting phases.’;

In accordance with existing rules applicable, when conducting inspections in the field of maritime security, the Commission shall take the appropriate measures to protect classified information to which it has access or which is communicated to it by Member States. Member States shall take equivalent measures in accordance with their relevant national legislations. Sensitive but non-classified information may be exchanged between Member States and the Commission, provided that they protect that information in accordance with the requirements applicable to guarantee its confidentiality.

1 The Commission shall seek advice from the Committee on the priorities for the implementation of its inspection programme.

2 The Commission shall regularly inform the Committee about the implementation of the inspection programme and the results of the inspections. The Commission shall share good practices observed during the inspections with the Member States. Inspection reports shall normally be made available to the Committee: (a) as soon as the Member State's response under Article 12(1) has been received; and (b) when the file is closed.’;

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