5 evidence or observation gained by a duly authorised officer using professional judgement that key members of ship's personnel are not able to establish proper communication with any other key members of ship's personnel with security responsibilities on board the ship;.

Member States shall nevertheless give due and timely consideration to applications in respect of such ships;

Member States may, in particular, consider such agreements in order to promote intra-Community short sea shipping.

Before registering a ship, the Member State of the receiving register, or the recognised organisation acting on its behalf, may subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates referred to in Article 3.

Directive 1999/63/EC applies to seafarers on board every seagoing ship registered in the territory of a Member State;

Notwithstanding the provisions of paragraphs 2 and 3, Member States shall ensure, when ship security plans and port facility security plans are approved, that such plans contain appropriate provisions to ensure that the security of ships to which this Regulation applies is not compromised by any ship or port interface or ship-to-ship activity with any ships not subject to this Regulation.

Member States shall draw up a list of companies and ships granted exemption under this Article, and shall update that list.

Member States should monitor compliance with all the provisions of the said Directive by ships registered in their territory;

For the purposes of the Code of Conduct, the term "national shipping line" may, in the case of a Member State of the Community, include any vessel-operating shipping line established on the territory of such Member State in accordance with the EEC Treaty.

"international shipping" means any maritime transport service by ship from a port facility of a Member State to a port facility outside that Member State, or conversely,

Member States shall, so far as is reasonable and practicable, endeavour to respect this Regulation for the ships referred to in this paragraph.

Member States should vigorously monitor compliance with the security rules by ships intending to enter a Community port, whatever their origin.

Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code and which are: (i) already members of a conference serving these trades; or

The Member State of the receiving register should, nevertheless, be able to subject the ship to an inspection to confirm its condition and equipment.

"domestic shipping" means any transport service by ship in sea areas from a port facility of a Member State to the same port facility or another port facility within that Member State,

The second subparagraph of Article 2(3)(b) of Regulation (EC) No 1673/2000(3) lays down that the Member States may derogate from the limit of 7,5 % impurities and shives and grant processing aid for short flax fibre containing a percentage of impurities and shives of between 7,5 % and 15 % and for hemp fibre containing a percentage of impurities and shives of between 7,5, % and 25 %.

ships following delivery after completion of their construction that do not carry valid full-term certificates from the Member State of the losing register;

The provisions of Title III of this Regulation shall not, however, affect the legislative provisions of any Member State concerning a ship owner's liability.

Paragraph 2 of this Article shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the principles reflected in Article 2 of the Code of Conduct, of the shipping lines of a developing country which are recognized as national shipping lines under the Code and which are: (a) already members of a conference serving these trades; or

Member States shall not validate the export or re-export documents accompanying a shipment of Dissostichus spp. under the relevant provisions of Regulation (EC) 1035/2001 when the shipment concerned is declared to have been caught by any vessel included in the IUU vessel list.

In order to allow shipyards in Member States to repair single hull oil tankers, Member States may make exceptions to allow entry into their ports of such vessels, provided they are not carrying any cargo.

the delivery takes place under supply operations recognised as normal by the competent authorities of the Member State from which shipment to the rig takes place.

Unless there are clear security grounds for doing so, members of the ship's personnel should not be required to search their colleagues or their personal effects.

The Agency will also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges.

The purpose of this Directive is to provide a mechanism for the verification and enforcement of compliance by ships calling at ports of Member States with Directive 1999/63/EC in order to improve maritime safety, working conditions and the health and safety of seafarers on board ships.

The owner or the operator of the ship or his representative in the Member State shall have a right of appeal against a detention decision taken by the competent authority.