Legal


Our Legal Team focuses mainly on lobbying with:

  1. International Maritime Organisation
  2. European Commission
  3. National Authorities
  4. Relevant NGO's
  5. Classification Societies
  6. Shipowners
     

01 | International Maritime Organisation (IMO)

Headquartered in London, United Kingdom, the IMO is a specialised agency of the United Nations with members including Member States, association, and non-governmental organisations. The IMO's primary purpose is to develop and maintain a comprehensive regulatory framework for shipping and its remit today includes safety, environmental concerns, legal matters, technical co-operation, maritime security, and the efficiency of shipping. The IMO is a consensus organisation, meaning that it does not take decisions itself, but rather allows its members to agree upon plans, strategies and legislative proposals. Decisions are taken by the various committees and sub-committees, the most relevant for us being the Marine Environmental Protection Committee (MEPC) and the Pollution Prevention and Response Sub-committee (PPR). 

Our main purpose is to interact with those organisations which have a voice within the PPR and MEPC, so as to influence current and future legislation to ensure that this does not have anti-competitive impacts or reduce the freedom of companies to innovate and provide new solutions in a timely achievable manner. A specific concern relates to legislation covering emissions from marine diesel engines and related equipment.

02 | European Commission

We are currently involved in the revision of the Monitoring Reporting and Verification Regulation and the Vertical Block Exemption Regulation. While the EU is a regional organisation, our work with the European Commission has a positive impact on both EU and non-EU members, as the EU is an important market for the marine industry across the globe. We have also worked with the European Commission on matters related to competition.

Our work is mainly focused on the following Directorates of the European Commission:

  • Directorate-General (DG) for Environment

The objective of the DG Environment is to protect, preserve and improve the environment for present and future generations. To achieve this it proposes policies that ensure a high level of environmental protection in the European Union and that preserve the quality of life of EU citizens.

  • Directorate-General (DG) for Competition

The DG Competition is responsible for establishing and implementing a coherent competition policy for the European Union. The DG Competition has a dual role in antitrust enforcement: an investigative role and a decision-making role. This duality of roles has been criticized in the past. In response to such criticism, DG Competition has implemented a number of internal reforms in order to guarantee parties' due process rights.

  • Directorate-General (DG) for Mobility and Transport

The DG for Mobility and Transport is responsible for transport within the European Union. Its mission is to ensure that transport policies are designed for the benefit of all sectors of the Community. The Directorate-General carries out these tasks using legislative proposals and programme management, including the financing of projects.

03 | National Authorities

The flag state of a commercial vessel is the state under whose laws the vessel is registered or licensed. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are used if the ship is involved in an admiralty case.
That is why we contact the ministries of, but not limited to, flag states where our members are located.
The ministries that concern us:

  • Ministries responsible for Environment
  • Ministries responsible for Competition
  • Ministries responsible for Shipping

04 | Relevant regional and international organisations

Regional and international organisations provide a forum for parties and stakeholders in the industry to discuss and decide on relevant issues. They also represent their members in global and regional fora such as the IMO and the European Union.

We are continuously in contact with several organisations dealing with projects related to competition, environmental protection, and standard-setting. Some of these include:

  • European Community Shipowners' Association
  • SeaEurope
  • Transport & Environment
  • Danish Shipping

05 | Classification Societies

Classification societies are private entities providing and maintaining technical standards of the construction and operation of vessels. They have two roles:

  • working in the own interest as private entities by classifying ships and checking if they fulfil standards;
  • working as Recognised Organisations (ROs) which check ships' compliance with national and international regulations on behalf of the Flag State in a quasi-public role.

Twelve of the biggest classification societies have joined under the International Association of Classification Societies (IACS) which sets minimum technical standards and rules which its members must follow in their conduct.

Our members inform us of issues they encounter when dealing with classification societies. This is especially important since the statements from three major classification societies came which require independent companies, who wish to obtain a Type Approval Certificate, to ask the OEM for such approval. The fact that often the OEM and the company in question are direct competitors means EMISA is working on changing this system.   

06 | Shipowners

Shipowners are private entities or individuals who own and operate merchant vessels. Occassionally, the operation and technical management of the vessels is outsourced to a another specialised company.

In the primary and aftermarket of diesel engine spare parts in the marine industry, shipowners are essentially the end customer who bears the costs. As such, they are directly influenced by the behaviour of manufacturers, suppliers and service providers.

Support of shipowners is important for us. For that reason, we talk to shipowners to raise their awareness on the common misconceptions regarding the quality, technical knowledge, and service of independent companies, such as our members.

We aim to have members who offer high quality both in their parts and in their service.