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REPORT (COM(2023)0271 – C90191/2023 – 2023/0165(COD))

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

A-9-2023-0419

Committee on Transport and Tourism · Rapporteur: Vera Tax

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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 2009/16/EC on port State control. It updates the ship risk profile to include environmental performance and hazardous-substance inventories, and adds rules on fishing vessels, electronic certificates, seafarer welfare and training. It keeps a voluntary port State control system for fishing vessels over 24 metres until a mandatory regime applies after the Cape Town Agreement enters into force, and calls on Member States to ratify fisheries conventions. It requires the Commission to adopt a delegated act adding the IMO carbon intensity indicator to the environmental parameters once the IMO has adopted it, and to report on implementation after five years. It makes electronic certificates mandatory for all Member States no later than three years after the amending directive enters into force, and strengthens training and welfare checks for port State control officers.

Committee position. The Committee on Transport and Tourism adopts Parliament's position at first reading with amendments to the Commission proposal. It focuses on the European Green Deal, voluntary port State control for fishing vessels over 24 metres, digitalisation and electronic certificates, and seafarers' welfare.

Key points

  1. Member States that have not ratified the 2012 Cape Town Agreement should start the ratification process as soon as possible; those that have should implement it immediately.
  2. The directive should enforce the Hong Kong International Convention for the safe and environmentally sound recycling of ships, which enters into force on 26 June 2025.
  3. Member States that have not ratified fisheries conventions, especially ILO C188 and IMO STCW-F and IMO CTA, should do so as soon as possible; the Commission should encourage and assist them.
  4. The Commission should assess ratification of fisheries agreements and, where appropriate, propose a harmonised transposition into Union law, including a harmonised inspection system for Convention C188.
  5. Inspection criteria for fishing vessels should be aligned as far as possible with the Cape Town Agreement criteria, and the voluntary port State control system for fishing vessels should be promoted.
  6. Until a mandatory port State control regime for fishing vessels applies, individual Member States may inspect fishing vessels above 24 metres; the Commission shall adopt implementing acts on the modalities.
  7. The ship risk profile should give more weight to environmental performance, environmental deficiencies and detentions, and to ships lacking a valid inventory of hazardous substances.
  8. Once the IMO adopts a carbon intensity indicator, the Commission shall adopt a delegated act adding it to the environmental parameters for the ship risk profile.
  9. Electronic certificates shall be mandatory for all Member States as early as possible and no later than three years after the amending directive enters into force.
  10. Training for port State control inspectors should cover seafarers' welfare, work and rest hour records, occupational health, and environmental, social, public health and labour law standards, with a special focus on female workers.
  11. The Commission, with EMSA, shall produce guidance on implementing international conventions, in particular MLC 2006, and EMSA shall provide information on frequent problems detected per flag.
  12. The Commission shall report to Parliament and the Council on implementation after five years, and on Member States' progress in ratifying fisheries agreements.

Who is affected

  • Fishing vessels over 24 metres in length: may be inspected under a voluntary port State control system until a mandatory regime applies.
  • Member States: must apply the same criteria to national fleets and other European flags, and make electronic certificates mandatory within three years.
  • Port State control inspectors: receive training on seafarers' welfare, work and rest hours and occupational health.
  • Seafarers and fishermen: benefit from welfare checks, rest-hour verification and improved health and safety on board.
  • Shipowners and operators: refusal of access orders are lifted after 12 months if they provide evidence of full compliance.

Figures and deadlines

  • Fishing vessels above 24 metres in length are subject to the voluntary port State control system.
  • The Hong Kong International Convention enters into force on 26 June 2025.
  • Electronic certificates become mandatory no later than three years after the amending directive enters into force.
  • The Commission shall evaluate implementation no later than 5 years after the date of application.
  • The Commission shall report on implementation five years from the entry into force of the amending directive.
  • A refusal of access order is lifted after a period of 12 months has elapsed if the owner provides evidence of compliance.
  • The Commission shall report every 4 years on the level of harmonisation and standards of inspections.

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