What changed between the draft committee report and the plenary report

Removed:Recital 11: (11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations. To eliminate unwanted practices like the reflagging of vessels and the use of open registries, there should be a 'genuine link' between the real owner of a vessel and the flag the vessel flies, in accordance with Article 91 (1) of UNCLOS. Shipowners are obliged to pay social security contributions under the law of the flag they are flying, unless the employee pays them in accordance with the law of the state in which they reside. When it is used to avoid high contribution levels, that practice could also have unwanted consequences.

Added:Recital 9: (9) The fulfilment of a harmonised capacity building scheme, post-qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. The training programme developed by the European Maritime Safety Agency (EMSA) should lead to the adoption of harmonised approaches by all Flag State surveyors and inspectors, including the mandatory use of electronic certificates by all Members States from three years from ... [three years from the date of entry into force of this amending Directive], at the latest.

Removed:Recital 14 a (new): (14a) The involvement of the Commission, assisted by EMSA, in the audits should make the auditing process more effective and comprehensive and should facilitate the introduction and implementation of simplified procedures, including incentives for compliance with environmental, social, public health and labour law standards, safety on board of ships calling at Union ports for both seafarers and dock workers, and the possibilities for effective proportionate and dissuasive sanctions, taking into account environmental, public health, tax and social law.

Added:Recital 11: (11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations. In accordance with Article 91(1) of UNCLOS, there must be a genuine link between a vessel and its flag State. In order to proceed with the correct analysis of the reflagging of vessels and the use of open registries, the Commission should facilitate the task of Member States in determining the existence of such a link by developing guidelines. Those guidelines should set out what constitutes a genuine link and its consequences. In drawing up those guidelines, the Commission should take into account the recommendation of the High Level Group on flag State matters and input from stakeholders, including those from the private sector, civil society and academia. Shipowners are obliged to pay social security contributions under the law of the State of the flag that they are flying, unless the employee pays them in accordance with the law of the State in which they reside. Those rules can have undesirable consequences when they are used to avoid high contribution levels.

Removed:Recital 15 a (new): (15a) In coordination with the International Labour Organisation (ILO), the Commission should promote capacity building for third countries on inspection and enforcement by establishing campaigns with social partners to raise awareness of rights and obligations under the Maritime Labour Convention adopted by ILO in 2006 (MLC 2006). Furthermore the Commission should promote the establishment by the ILO of a database of inspection results and complaints, for both seafarers and dockworkers, ensuring the accuracy of records of hours of work and rest, to help seafarers and shipowners seek the most reliable and MLC 2006-compliant recruitment and employment services.

Added:Recital 14: (14) The Commission and the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council31 , should be invited and involved as observer by the auditee Member State as flag State for the purpose of ensuring consistency between IMO audit and Commission assessments, executed by EMSA to check the implementation of Union maritime safety legislation via its visit and inspection scheme, on behalf of the Commission.

Removed:Recital 16: (16) An evaluation and review of the performance scheme for flag States, based on common transparent, reliable and objective key performance criteria and building on current such similar schemes should support all Member States in their continuous compliance and improvement and in preserving the competitiveness of the Union maritime transport sector, while ensuring its contribution to the Union’s efforts to reduce greenhouse gas emissions and to achieve climate neutrality by 2050 at the latest, in line with the Paris Agreement1a, adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change. / 1a OJ L 282, 19.10.2016, p. 4.

Added:Recital 14 a (new): (14a) The involvement of the Commission and EMSA in the audits should make the auditing process more effective and comprehensive. It should also facilitate the introduction and implementation of simplified procedures, including incentives for compliance with environmental, social, public health and labour law standards and standards ensuring the safety on board ships calling at Union ports of seafarers, as well as possibilities for effective, proportionate and dissuasive sanctions, taking into account environmental, public health, tax and social law.

Removed:Recital 18: (18) An electronic reporting tool for the purposes of further improving the consistent collection of relevant statistics and maritime data and information from Member States, should be established. The digitalisation and automation of the maritime transport sector and in particular of ports and ships also have significant potential to contribute to the reduction of emissions from the sector and play a key role in its decarbonisation in line with the ambitions of the communication of the Commission of 11 December 2019 on ‘The European Green Deal’.

Added:Recital 15 a (new): (15a) In coordination with the International Labour Organisation (ILO), the Commission and Member States should promote capacity building for third countries on inspection and enforcement by establishing campaigns with social partners to raise awareness of rights and obligations under the Maritime Labour Convention adopted by ILO in 2006 (MLC 2006). Furthermore the Commission should promote the establishment by the ILO of a database of inspection results and complaints, for seafarers and dockworkers, ensuring the accuracy of records of hours of work and rest, to help seafarers and shipowners seek the most reliable and MLC 2006-compliant recruitment and employment services.

Removed:Recital 21: (21) EMSA should provide the necessary support to ensure the implementation of Directive 2009/21/EC. The training provided by EMSA to flag State administrations should be continued, reinforced and extended to cover MLC 2006 in more detail. EMSA should facilitate coordination and exchange of information and good practices between flag State administrations.

Added:Recital 16 a (new): (16a) The Commission should issue a transparency report based on information from the mandatory database, which is accessible to all Member States.

Added:Recital 21: (21) The European Maritime Safety Agency (EMSA) should provide the necessary support to ensure the implementation of Directive 2009/21/EC. The training provided by EMSA to flag State administrations should be continued, reinforced and extended to fully cover the obligations of Member States as set out in the MLC 2006. EMSA should facilitate coordination and exchange of information and good practices between flag State administrations.