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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 2 of 3: Paragraphs 61–91

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 14, Article 22 – paragraph 7 – subparagraph 2: In cooperation with the Member States, the Commission shall on a continuous basis identify and provide new training needs to amend the curricula, syllabi and content of the professional development and training programme for inspectors, especially as regards new technologies and in relation to the additional obligations arising from the relevant instruments in order to facilitate compliance with environmental, social, public health and labour law standards and safety on-board ships calling at Union ports for both seafarers and dock workers, with a special focus on female workers.

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 14, Article 22 – paragraph 7 – subparagraph 2 a (new): The Commission, with the involvement of EMSA, shall produce a guidance document offering advice on how to implement international Conventions, in particular the MLC 2006, with regard to port State control. EMSA shall also provide detailed information about the most frequent problems detected during port State inspections of ships under each flag.

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 14 a (new), Article 23 – paragraph 1: (14a) In Article 23, paragraphs 1 and 2 are replaced by the following: / ‘1. Member States shall take appropriate measures to ensure that their pilots engaged on the berthing or unberthing of ships or engaged on ships bound for a port or in transit within a Member State immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are apparent anomalies which may prejudice the safe navigation of the ship, or safety of seafarers on board or which may pose a threat of harm to the marine environment.’

Removed:(02009L0016-20191221)

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 14 a (new), Article 23 – paragraph 2: 2. If port authorities or bodies, in the course of their normal duties, learn that a ship within their port has apparent anomalies which may prejudice the safety of the ship or seafarers on board or poses an unreasonable threat of harm to the marine environment, such authority or body shall immediately inform the competent authority of the port State concerned.

Removed:(02009L0016-20191221)

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 16, Article 24a – paragraph 2: 2. The Member States may use the harmonised reporting interface, validation tool and central repository/database for electronic versions of the certificates to facilitate the transition of their ship registers to electronic certificates. Electronic certificates shall be mandatory for all Members States as early as possible after the entry into force of this amending directive and in any case no later than three years thereafter.

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 16, Article 24a – paragraph 3: 3. Ships flying the flag of a State that issue such electronic certificates shall have this reflected in the ship risk profile (SRP) as set out in Annexes I and II until the electronic certificate becomes compulsory.

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 17 a (new), Article 26: (17a) Article 26 is replaced by the following: / ‘Article 26 / Publication of information. The Commission shall make available and maintain on a public website the information on inspections, detentions and refusals of access in accordance with Annex XIII, building upon the expertise and experience under the Paris MOU. Information identifying an individual ship shall only be made publicly available if all legal proceedings are finalised and there is no appeal.’

Removed:(02009L0016-20191221)

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 22, Article 35 – paragraph 1: The Commission shall by [OP: Please insert a date: five years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive. The Commission shall determine on the basis of the report whether it is necessary to submit a legislative proposal for the amendment of this Directive or for further legal acts in this area.

Removed:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 22, Article 35 – paragraph 1 a (new): In any event, as soon as the IMO has adopted a carbon intensity indicator (CII), the Commission shall adopt a delegated act, in accordance with Article 30b, in order to amend Annex I and Annex II of 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:Directive 2009/16/EC

Removed:Article 1 – paragraph 1 – point 22, Article 35 – paragraph 1 b (new): By ... [date five years from the date of entry into force of this amending Directive], the Commission shall by submit a report to the European Parliament and the Council on the progress by Member States on the ratification of international agreements containing obligations related to fisheries as well as assessing how these obligations should be transposed into Union law and, where appropriate, present a legislative proposal to this effect.

Removed:Directive 2009/16/EC

Removed:Annex I – point I – point g – subpoint i, Annex I: deleted

Removed:Directive 2009/16/EC

Removed:Annex I – point I – subparagraph g – subpoint iia (new), Annex I: (iia) Ships which do not have a valid inventory of hazardous substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention shall be considered a higher risk

Removed:Directive 2009/16/EC

Removed:Directive 2009/16/EC

Removed:Directive 2009/16/EC

Removed:Annex III – Part A – point 54 a (new), Annex III: 54a. Valid inventory of hazardous substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention