2.3 Article 10(1): Obligations and Conditions
The core legal basis for how the concept of mutual recognition operates is stated in Article 10(1) of Regulation (EC) No 391/2009. Article 10(1) sets out distinct obligations and constraints upon EU ROs. Examination of the provision reveals three principal obligations as mentioned in the Introduction.
First, it requires periodic consultation and cooperation to ensure consistent interpretation. EU ROs must cooperate to secure consistent interpretation of international conventions, while also harmonising classification rules “without prejudice to the powers of the flag States”.
Second, it introduces the concept of mutual recognition of class certificates, but only “in appropriate cases”, suggesting that it is selective in scope. EU ROs “shall agree” on the “technical and procedural conditions” for such a scheme. By its terms, it is confined to “materials, equipment and components”, thus not extending to all aspects of classification. Moreover, mutual recognition must be “based on equivalent standards” with “the most demanding and rigorous standards as the reference”.
Third, it acknowledges that mutual recognition may fail for “serious safety reasons”, which operates as a safeguard. An EU RO may refuse mutual recognition if there is a demonstrable and documented safety concern, thus underscoring the “safety-first” orientation.
By organising Article 10(1) around cooperation, mutual recognition, and the possibility of safety-based refusal, the Regulation seeks a balance between harmonisation, on the one hand, and robust safety, on the other, while respecting the sovereignty of flag States. Hence, analysing Article 10(1) provides the core legal boundary for mutual recognition – a boundary examined in subsequent sections.