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OPINION (COM(2023)272 – 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

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Committee on Fisheries · Rapporteur: Ana Miranda

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The Committee on Fisheries gives its opinion on the proposed directive amending Directive 2009/21/EC on compliance with flag State requirements. It calls on the Committee on Transport and Tourism to take its amendments into account. The amendments add references to seafarers' welfare, fair labour conditions and the communities dependent on the marine environment, and stress that accident investigations should prioritise accountability and learning. They require ships to comply with international rules notably on seafarers' working conditions and environmental protection, and to resolve outstanding deficiencies with the losing flag State before operating. They add flag State duties: safety drills, crew rest hours, environmental audits, a safety culture, joint inspections, monitoring technology and regular compliance reports. They widen the database to cover environmental performance, crew details, accidents, cargo, safety management, security, equipment, seafarers' welfare, certificate verification and sustainability practices. They ask the Commission to issue recommendations and guidelines on workers' rights, environmental compliance, social responsibility, community engagement, new technologies and dispute resolution, and to report on green investments, safety culture, incidents and collaboration.

Committee position. The Committee on Fisheries supports updating the directive and embracing digital technologies, but asks the lead committee to adopt amendments adding seafarers' welfare, fair labour conditions, environmental protection, transparency and accountability, and to widen the database and reporting requirements.

Key points

  1. The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take its amendments into account.
  2. Amendment 1 adds to Recital 1 that countless jobs and coastal communities depend on protection of the environment.
  3. Amendment 2 adds a new recital stating that the welfare of maritime workers, fair labour conditions and adequate protection for seafarers should be guaranteed.
  4. Amendment 3 adds to Recital 2 that the marine environment and those whose livelihoods depend on it must be protected.
  5. Amendment 4 adds a new recital on the impact of accidents on vulnerable marine ecosystems and their role in regulating the climate.
  6. Amendment 5 adds to Recital 5 that accident investigations should prioritise accountability and learning to prevent future accidents.
  7. Amendment 6 adds to Recital 7 that administrations below Member State level with fisheries competences should be fully regarded.
  8. Amendments 7 and 8 add observational experience to inspection criteria and continuous training for seafarers to keep up with safety and environmental standards.
  9. Amendments 9 to 11 change Recital 11 to cover working conditions and wages, and add new recitals on transparency, ship-owners' accountability and whistle-blower mechanisms.
  10. Amendments 12 and 13 add maritime workers' representatives to the high level group on flag State matters and require the electronic reporting tool to take account of existing reporting obligations.
  11. Amendments 14 to 21 require ships to comply with rules on seafarers' working conditions and environmental protection, resolve deficiencies with the losing flag State, conduct drills, rest hours, environmental audits, joint inspections, monitoring technology and compliance reports.
  12. Amendments 22 to 41 widen the database and the Commission's reporting to cover environmental performance, crew, accidents, cargo, safety management, security, equipment, seafarers' welfare, certificate verification, sustainability, workers' rights, social responsibility, community engagement, new technologies and dispute resolution.

Who is affected

  • Fishing communities and the shellfish sector, which depend on a clean maritime environment and a functioning safety regime.
  • Seafarers and maritime workers, whose welfare, labour conditions, training and rest hours the amendments address.
  • Member States and their maritime administrations, including those below Member State level with fisheries competences.
  • Ship-owners, who would be held accountable for violations of safety or environmental regulations.
  • Whistle-blowers reporting safety or environmental violations, who should be protected from retaliation.

Figures and deadlines

  • Directive 2009/21/EC, the flag State requirements directive being amended.
  • Directive 2009/18/EC, on the investigation of maritime accidents, which the directive should not affect.
  • Regulation (EC) No 1224/2009, cited as an existing reporting obligation to take into account.
  • Maritime Labour Convention, 2006 (MLC 2006), cited for crew training, rights and well-being.
  • UNCLOS 1982, cited as the framework for flag State responsibilities.
  • Harmonized System of Survey and Certification (HSSC), cited for ship surveys.