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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.]
Textual Amendments
1.Each Member State shall ensure that Commission inspectors are able to exercise their authority to inspect the maritime security activities of any competent authority under Regulation (EC) No 725/2004 or Directive 2005/65/EC and of any relevant company.
[F12. Each Member State shall ensure that, upon request, Commission inspectors have timely access to relevant security documentation necessary for the performance of the inspection duties, and in particular to:
(a) the national programme for the implementation of Regulation (EC) No 725/2004 referred to in Article 9(3) of that Regulation;
(b) the most recent updates of data supplied by the focal point and monitoring reports referred to in Article 9(4) of Regulation (EC) No 725/2004;
(c) the outcome of the Member State's monitoring of the implementation of port security plans;
(d) relevant ship, port and port facility security assessments, and relevant ship, port and port facility security plans, records of training drills and exercises for ship and port and port facility while Commission is conducting inspections;
(e) notifications by the Member States of the decisions referred to in Article 3(3) of Regulation (EC) No 725/2004 taken after the mandatory security risk assessment;
(f) any guideline, instruction or procedure, issued by the Member State for the implementation of Regulation (EC) No 725/2004 and Directive 2005/65/EC.]
3.Wherever Commission inspectors encounter difficulties in the execution of their duties, the Member States concerned shall by any means within their legal powers assist the Commission to accomplish in full its task.
Textual Amendments
[F11. In agreement with the Commission, as far as practicable, Member States shall make available national inspectors able to participate in Commission inspections, including the related preparatory and reporting phases.]
2.A national inspector shall not participate in Commission inspections in the Member State where he is employed.
3.Each Member State shall provide the Commission with a list of national inspectors on whom the Commission may call to participate in a Commission inspection.
That list shall be updated, at least by the end of June each year.
4.The Commission shall communicate to the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004 (hereinafter the Committee) the lists referred to in the first subparagraph of paragraph 3 of this Article.
[F15. Requests for national inspectors to participate in Commission inspections shall be communicated in good time, normally at least 2 months before the inspection is due to take place.]
6.The expenses arising from the participation of national inspectors in Commission inspections shall, in compliance with Community rules, be met by the Commission.
Textual Amendments
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.]
Textual Amendments
1.Commission inspectors shall have appropriate qualifications, including sufficient theoretical and practical experience in maritime security. This shall normally include:
(a)a good understanding of maritime security and how it is applied to the operations being examined;
[F1(b) a good working knowledge of security technologies and techniques;]
(c)a knowledge of inspection principles, procedures and techniques;
[F1(d) a working knowledge of the operations being examined;]
[F2(e) an awareness of health, safety and security requirements for working in a maritime environment;
(f) a knowledge of the main legal requirements applicable in the field of maritime security.]
2.[F1In order to qualify for Commission inspections, Commission inspectors shall have successfully completed training to carry out such inspections. Commission inspectors shall periodically undergo training at least every 5 years in order to update their knowledge.]
In the case of national inspectors the training necessary for them to act as Commission inspectors shall:
(a)be accredited by the Commission;
(b)be initial and recurrent;
(c)ensure a standard of performance adequate for the purposes of controlling whether security measures are implemented in accordance with Regulation (EC) No 725/2004 and Directive 2005/65/EC.
3.The Commission shall ensure that Commission inspectors fulfil the criteria set out in paragraphs 1 and 2.
[F24. If during a previous inspection, the behaviour or performance of an inspector fails to meet the requirements of this Regulation, that inspector shall not be nominated anymore for Commission inspection tasks.]