6 Concluding remarks
Drawing the threads together, this analysis demonstrates that Article 10(1) of Regulation (EC) No 391/2009, though brief in its wording, has significant implications for how classification societies cooperate, how certificates may be recognised across the EU ROs, and how the scheme aligns with fundamental EU law principles. Rooted in “most demanding” standards, mutual recognition applies only in “appropriate cases”, while “serious safety reasons” enforces a “safety-first” orientation.
Equally, from a broader perspective, the mutual recognition scheme remains subject to overarching EU legal doctrines. Precautionary logic, as well as subsidiarity and proportionality, shape the system’s boundaries, ensuring that maritime safety takes priority in the face of uncertain or high-impact technology. Additionally, the relevant procedures must comply with competition law; cooperation among EU ROs to achieve harmonisation does not negate the need to preserve a healthy competitive environment and to avoid agreements that may go beyond the legitimate scope of standard-setting.
Maintaining a prudent and safety-oriented interpretation of mutual recognition not only aligns with EU legislative intent and international obligations but also ensures that the benefits of harmonisation do not erode the fundamental pillars of maritime safety and environmental protection. This balance remains relevant as the maritime sector continues to evolve, and product groups that are part of a ship’s system become more digital and more interconnected.
Ultimately, the question as to whether an expansion of mutual recognition to encompass more complex or higher-risk components is possible – and if so, under which legal and practical constraints – is still pertinent. A cautious approach, consistent with both the textual limit on “appropriate cases” and the general principles of EU law, is likely to remain legally justifiable to balance safety and efficiency, as well as impartiality and autonomy of classification societies to protect maritime standards in line with their unique operational expertise.