Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 8 Dec 2023

A-9-2023-0419

on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control

To · adopted text· 10 Apr 2024

TA-9-2024-0201

Amending Directive 2009/16/EC on port State control

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+10 added · −85 removed · 0 changed paragraphs, packaging included.

Part 1 of 3: DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Removed:~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

Added:TEXTS ADOPTED

Removed:~~on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control~~

Added:P9_TA(2024)0201

Removed:~~(COM(2023)0271 – C90191/2023 – 2023/0165(COD))~~

Added:Amending Directive 2009/16/EC on port State control

Added:Committee on Transport and Tourism

Added:PE752.958

Added:European Parliament legislative resolution of 10 April 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control (COM(2023)0271 – C9-0191/2023 – 2023/0165(COD))

7 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0271),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90191/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 20 September 2023,

– after consulting the Committee of the Regions,

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 March 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

6 unchanged paragraphs

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Fisheries,

– having regard to the report of the Committee on Transport and Tourism (A9-0419/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Removed:Recital 1: (1) Directive 2009/16/EC of the European Parliament and of the Council25 sets out rules on the system for port State control inspections, whereby eligible ships calling in Union ports are inspected to verify if the competency and the working and living conditions of the crew on board and the condition of the ship and its equipment comply with the requirements of international conventions on the safety of life at sea and on board, on the protection of marine environment.

Added:P9_TC1-COD(2023)0165

Removed:Recital 4 a (new): (4a) In view of the commitment of Member States to ratifying the 2012 Cape Town Agreement, Member States that have not yet ratified that agreement should initiate the ratification process as soon as possible. Furthermore, those Member States that have already ratified that agreement should implement it immediately.

Added:Position of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Directive 2009/16/EC on port State control

Removed:Recital 5 a (new): (5a) The Hong Kong International Convention for the safe and environmentally sound recycling of ships will enter into force as of 26 June 2025. The present directive should provide for its enforcement.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/3099.)

Removed:Recital 5 b (new): (5b) In order to create a level playing field throughout the Union, it is preferable to first transpose the fisheries conventions in the community aquis with a view of creating a harmonised community control system. However, there are already Member States which have ratified international conventions such as the ILO C188 and the STCW-F, who have the responsibility of applying the Port State Control measures.

Removed:Recital 5 c (new): (5c) It is of high importance that Member States that have not ratified international conventions relating to fisheries, especially ILO C188 and IMO STCWF and IMO CTA, do so as soon as possible, in order to avoid the risk that Member States will apply the rules differently. The Commission should actively encourage and assist Member States to ratify relevant international conventions. In order to ensure harmonised approaches in the implementation of these international obligations these should be transposed on Union level with a view to then establish a harmonised approach to control these obligations, including harmonised inspections systems on the control and enforcement of the provisions of the Convention C188.

Removed:Recital 5 d (new): (5d) The Commission should further assess and follow up on the ratification of the international agreements containing obligations relating to fishing activities and where appropriate present a legislative proposal for a harmonised transposition of these international obligations into Union law, particularly regarding the IMO STCW-F Convention on a harmonized inspection system on the control and application of the provisions of Convention C188 as well as implementing measures in relation to Directive (EU) 2017/159.

Removed:Recital 6: (6) Due to their small size, most fishing vessels in the EU operate in territorial waters, and are not susceptible to being inspected in foreign ports. This means that in general, only larger fishing vessels above 24 meters in length (which are also the fishing vessels which are most subject to international conventions) are likely to engage in international waters and call at ports different than those in the country where they are registered and therefore be subject to port State control. As the majority of the international conventions applicable to larger fishing vessels are different to those which are currently enforced through port State control and to avoid undesirable spill over effects onto the current port state control system a parallel system of port state control for fishing vessels is being proposed. Nevertheless, the inspection criteria for fishing vessels should be aligned as far as possible with the Cape Town Agreement inspection criteria, since all Member States have committed themselves to ratifying it in order to avoid the fragmentation of practices across the Union ports. This will facilitate the collecting of more complete data including on accidents and injuries aboard such vessels and the improving of the health and safety of the seafarers and fishermen working on them.

Removed:Recital 7: (7) However, due to the patterns of fishing not all EU Member States are visited by these larger fishing vessels. Therefore, a voluntary system for those EU Member States that wish to carry out these inspections and which is separate from the current port state control regime is being proposed to allow for flexibility and the way that standards are developed in port State control. This system of port State control of fishing vessel of over 24 metres in length can therefore be developed organically by Member States, the Paris MoU and the Commission. This voluntary system should be promoted as it will help Member States and larger fishing vessels prepare for the entry into force of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the ‘Cape Town Agreement’) to enhance fishing vessel safety. As early as possible after the entry into force of that agreement, the Commission should align existing Union legal acts accordingly, and in particular Council Directive 97/70/EC1a. The mandatory port State control enforcement regime to be introduced in the Union after the entry into force of the Cape Town Agreement should take account of existing voluntary systems for the port State control of fishing vessels referred to in this Directive. / 1a Council Directive 97/70/EC of 11 December 1997 setting up a harmonized safety regime for fishing vessels of 24 m…

Removed:Recital 11: (11) Over the last decade and despite increases in the number of vessels calling to EU ports including the short sea shipping transport of goods between main ports in the EU Member States and ports situated in geographical Europe or in non-European countries on the Mediterranean and the Black Sea, the safety profile of vessels calling to EU ports has improved considerably. Port State control inspections are being increasingly used to enforce environmental legislation such as in relation to sulphur emissions or the safe and environmental scrapping of ships. In line with its commitments under the Paris Agreement1a, adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change, the Union should continue to exert its leadership in a sector that is regulated both at European and international level and is still highly dependent on fossil fuels. The “Fit for 55 package” aims to reduce the EU’s total green-house gas emissions by 55% by 2030, paving the way to climate neutrality by 2050 and maritime transport is expected to contribute to this effort. However, the ship risk profile devised prior to 2009 had different priorities and is not fully adapted to focus the inspection effort on the least environmentally performing vessels. / 1a OJ L 282, 19.10.2016, p. 4.

Removed:Recital 12: (12) On this basis, the ship risk profile should be updated to reflect environmental issues by attaching more importance to the environmental performance, including the operational carbon intensity of the ships being inspected as well as to environmental related deficiencies and detentions. Port State control can play an important role in ensuring that ‘Fit for 55’ measures that apply to the maritime sector are effective through the imposition of more numerous inspections on polluting ships. While safeguarding the competitiveness of the sector this will help promote the use of on-shore power supply or any other energy saving technology which reduces greenhouse gas emissions and air pollutants in ports. This, along with the support to port industries, small and medium enterprises and start-ups specialised in circular economy and investment in renewable, low and zero emission alternatives, will contribute to the achievement of the Union’s climate neutrality goals.

Removed:Recital 12 a (new): (12a) As soon as the IMO has concluded the revision of its carbon intensity indicator (CII), the Commission should adopt a delegated act in order to amend this Directive by including the carbon intensity indicator adopted by the IMO among the environmental parameters used for the determination of a ship risk profile of a ship under this Directive.

Removed:Recital 13: (13) Digitalisation is an essential aspect of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The number of ships currently carrying electronic certificates is on the rise and expected to increase. Therefore the effectiveness of port State control should be enhanced by making more use of electronic certificates to allow for more ship focussed better prepared inspections. The uptake and use of these electronic certificates should be incentivised by their inclusion in the ship risk profile. It is important for the Union to support the research and innovation, as well as the upskilling and reskilling of seafarers in order to optimise the benefits that digitalisation and automation can bring to the maritime sector, in particular in terms of reducing emissions.

Removed:Recital 14: (14) Port State control has been increasing in complexity as new inspection requirements are added, either by EU law or via the International Maritime Organization and the International Labour Organization. There is therefore a need to ensure the upskilling and reskilling of the port State control officers and continuously develop their training. More specifically, more emphasis should be placed on training concerning respect for seafarers’ welfare, in particular regarding the verification of the work and rest hour records, since insufficient rest affects the safety of the ship and the work performance, and regarding the occupational health of seafarers. The competent authorities of the port State should also implement their responsibilities effectively under the ILO Work in Fishing Convention, 2007 (No. 188). It is important to take into account the on-board working and living conditions of the crew and the training and qualifications of its members, given that health, safety, security and social considerations are closely interlinked and that it is of utmost importance to prevent any damage caused by human factors. In particular, when considering detention of a ship based on serious or repeated breach of MLC 2006 requirements (including seafarers’ rights) the competent authorities should take also take into account minimum wages, working hours and rest periods.

Removed:Recital 15: (15) Union Flag State administrations in line with Directive 2009/21/EC of the European Parliament and of the Council26 are required to have a quality management system in order to help Member States to further improve their performance as flag States and to ensure a level playing field between administrations. A similar requirement for the port state control activities should allow Member States to certify that their organisation, its policies, processes, resources and documentation are appropriate to achieve its objectives as well as identify system problems such as resource or personnel allocation issues before these become problematic. The competent authorities of the port States should verify compliance with applicable international conventions on maritime safety and security, on protection of the marine environment and on living and working conditions on-board, in respect of the ships calling at their ports. In conducting such monitoring activities, the port State should not interfere with the competences of a flag State, as set out by international conventions such as Article 94 of UNCLOS and Union legal acts such as Directive 2013/54/EU of the European Parliament and of the Council26a. / 26a Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.

Removed:Recital 15 a (new): (15a) Member States must apply the same criteria to national fleets and other European flags calling their ports. No differences should occur in the treatment of Union fishing vessels and between the different national control systems implemented.

Removed:Recital 19: (19) In view of the full monitoring cycle of visits to Member States by the European Maritime Safety Agency (EMSA) to monitor the implementation of Directive 2009/16/EC, the Commission should evaluate the implementation of Directive 2009/16/EC no later than [5 years after its date of application referred to in Article XX)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

Removed:~~Article 1 – paragraph 1 – point 1 – point a – introductory part: (a) in point 1 the following points (l), (m) and (ma) are added:~~