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OPINION (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

PECH-AD-753475

Committee on Fisheries · Rapporteur: Izaskun Bilbao Barandica

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The Committee on Fisheries gives its opinion on the proposed directive amending Directive 2009/16/EC on port State control, which would bring fishing vessels above 24 metres into scope through voluntary inspections. The rapporteur wants the modalities for these inspections set out in delegated acts, not implementing acts, and wants Member States and the Commission to develop the voluntary schemes together. The opinion calls for Member States to ratify and implement international fisheries conventions, especially ILO C188, IMO STCW-F and IMO CTA, and for the Commission to assess progress and propose harmonised EU transposition and control. It adds that port State control rules must be proportionate and non-discriminatory, that Member States may use EMFAF financial assistance, and that the same criteria must apply to national fleets and other European flags.

Committee position. The Committee on Fisheries calls on the Committee on Transport and Tourism to take into account its amendments: to set the modalities for voluntary port State control of fishing vessels above 24 metres in delegated acts, to promote ratification and harmonised transposition of international fisheries conventions, and to ensure proportionate, non-discriminatory rules with equal treatment of fleets.

Key points

  1. Fishing vessels are not currently covered by the Port State Control directive, but international obligations covering them are growing, mainly for vessels above 24 metres.
  2. The Commission proposes to include fishing vessels above 24 metres in the directive's scope, with Member States able to carry out inspections on a voluntary basis.
  3. The rapporteur wants the voluntary schemes developed in close cooperation between Member States and the Commission for a more harmonised approach and a level playing field.
  4. The rapporteur proposes that the modalities for the specific port State control regime for fishing vessels be set out in delegated acts rather than implementing acts.
  5. The rapporteur calls on the Commission to assess Member States' progress in ratifying and implementing international obligations on fishing vessels and, where appropriate, propose legislation for harmonised implementation and control.
  6. A new recital states it is preferable to first transpose fisheries conventions into EU law to create a harmonised control system, while noting some Member States have already ratified ILO C188 and STCW-F.
  7. A new recital calls on Member States that have not ratified fisheries conventions, especially ILO C188, IMO STCW-F and IMO CTA, to do so as soon as possible, with the Commission encouraging and assisting them.
  8. A new recital asks the Commission to assess and follow ratification of international obligations on fishing activities and, where appropriate, present a legislative proposal for harmonised transposition, particularly on IMO STCW-F and an inspection system for Convention C188.
  9. An amended recital notes there is no harmonised EU legal framework in fisheries on maritime safety, vessel construction and living and working conditions on board.
  10. The amended recital adds that port State control rules must be proportionate and non-discriminatory, and that Member States carrying out voluntary inspections may use EMFAF financial assistance for sufficient means and human resources.
  11. A new recital requires Member States to apply the same criteria to national fleets and other European flags calling their ports, with no differences in treatment of EU fishing vessels or between national control systems.
  12. Amendments change the empowerment to delegated acts, set a two-month objection period extendable by two months, and require a Commission report on ratification progress within five years of entry into force.

Who is affected

  • Fishing vessels above 24 metres in length overall, which would become subject to voluntary port State control inspections.
  • Member States, which may carry out voluntary inspections, apply the same criteria to national and other European flags, and are urged to ratify fisheries conventions.
  • The Commission, which would adopt delegated acts on inspection modalities, encourage ratification, and report on progress.
  • EU fishers, for whom the rapporteur seeks a level playing field through harmonised implementation and control of international obligations.

Figures and deadlines

  • 24 metres, the length overall above which fishing vessels would be covered by voluntary port State control inspections.
  • Two months, the period for the European Parliament or the Council to object to a delegated act, extendable by two months.
  • Five years from the date of entry into force of the amending directive, the deadline for the Commission's report on ratification progress.