Skip to content
REPORT (COM(2023)0272 – C90188/2023 – 2023/0172(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2009/21/EC on compliance with flag State requirements

A-9-2023-0418

Committee on Transport and Tourism · Rapporteur: Vera Tax

Official HTML ↗ PDF DOCX
✦ In shortFull textProcedure & committee votes
✦ In short · AI summary of this text, generated 26 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Directive 2009/21/EC on flag State requirements. It adds rules on on-board inspections, crew working conditions, a yearly minimum inspection quota of at least 30% of ships per Member State, mandatory electronic certificates, and a five-year IMO audit cycle. It requires Member States to verify environmental, social and labour standards before allowing a ship to fly their flag, and to record seafarers' working and rest hours in the inspection database. It asks the Commission to develop guidelines on the genuine link between a vessel and its flag State, to issue a transparency report and an annual report, and to present a report on the Directive every five years. It reinforces EMSA's role in training flag State surveyors and inspectors, in guidance on Directive 2013/54/EU, and in coordination between flag State administrations.

Committee position. The committee adopts Parliament's position at first reading with amendments to the Commission proposal. It adds rules on on-board inspections, crew working conditions, a 30% yearly inspection quota, mandatory electronic certificates and a five-year IMO audit cycle, and reinforces EMSA's role.

Key points

  1. Adds a recital stating that on-board working and living conditions, crew training and qualifications must be taken into account, in line with Directive 2013/54/EU.
  2. Adds a recital that every EU flag State should carry out its fair share of inspections, with a yearly minimum inspection quota of at least 30% of ships flying its flag.
  3. Requires the training programme developed by EMSA to lead to harmonised approaches by all flag State surveyors and inspectors, including mandatory use of electronic certificates by all Member States from three years from entry into force of the amending Directive.
  4. Asks the Commission to develop guidelines on what constitutes a genuine link between a vessel and its flag State, taking into account the High Level Group and stakeholder input.
  5. Requires Member States, before allowing a ship to operate, to carry out on-board inspections and verify safety records, environmental and social documentation, compliance with environmental and labour conventions, Directive 2013/54/EU and crew training under Directive 2022/993.
  6. Requires deficiencies found in inspections to be rectified and time-critical safety and environmental corrective measures taken before the ship proceeds to sea, with inspections focusing on safety, environmental performance and crew working conditions.
  7. Requires implementing acts to set minimum requirements for supplementary flag State inspections, including a yearly minimum inspection quota of at least 30% of ships flying a Member State's flag and a qualitative element based on the ship's risk profile.
  8. Requires the Commission, with EMSA, to produce a guidance document on implementing Directive 2013/54/EU and to provide information on problems detected in port State inspections and on flag State documentation.
  9. Requires Member States to keep and make accessible in electronic format particulars of shipboard working arrangements and records of seafarers' daily hours of work, and to transmit these and statutory certificates electronically to the inspection database.
  10. Requires Member States to undergo the IMO audit of their administration at least once every five years and to publish the outcome and corrective actions in the GISIS database and to the public.
  11. Replaces Article 9 to require the Commission to present a report to Parliament and the Council every five years, first by three years from entry into force, assessing Member States' performance as flag States, with a legislative proposal where appropriate.
  12. Requires the Commission to establish an electronic reporting tool and to issue an annual report based on Member States' information, published on the official website and presented to Parliament and the Council.

Who is affected

  • Member States as flag States: must carry out inspections, verify standards, meet a 30% inspection quota and undergo IMO audits every five years.
  • Shipowners and ships flying a Member State flag: subject to on-board inspections, verification of environmental and labour standards, and electronic certificate requirements.
  • Seafarers: their working and rest hours are recorded and transmitted electronically, and working conditions are inspected.
  • The Commission and EMSA: tasked with guidelines, training, reporting and coordination on flag State matters.

Figures and deadlines

  • A yearly minimum inspection quota of at least 30% of ships flying its flag for every Member State.
  • Electronic certificates mandatory for all Member States from three years from the date of entry into force of the amending Directive, at the latest.
  • Member States must undergo the IMO audit of their administration at least once every five years.
  • The Commission shall present a report on the application of the Directive every five years, first by three years from entry into force.

Legal basis: Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union.