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

PA_Legam

SHORT JUSTIFICATION

Fisheries vessels are not currently covered by the Port State Control directive, however more and more international obligations cover fishing vessels and the need for port state control on fishing vessels is increasing.

The Commission noted that the current EU requirements do not apply for fishing vessels and that certain international obligations in relation to fishing vessels are not enforced by port state controls and are not inspected in a coordinated manner. These international obligations are primarily targeting fishing vessels above 24m.

The Commission therefore proposes to include fishing vessels above 24 meter in the scope of the directive and that Member States, on a voluntary basis, can carry out port state control inspections on these vessels. For these inspections the Commission proposes that they should be given implementing powers to define the modalities for such specific port state control regimes for fishing vessels above 24m.

The rapporteur considers that the voluntary schemes should be developed in close cooperation between Member States and the Commission in order to ensure a more harmonised approach to controls. The harmonised approach is of importance for the level playing field and sees positively on the proposal that the Commission should develop the modalities for the specific ports state control regimes for fishing vessels. However the rapporteur sees these modalities as potentially important part of the rules regarding port state control, and especially considering that rules on the modalities for the normal port state control regime is set out in the basic act, the rapporteur proposes that these modalities should be set out in the form of delegated acts.

The rapporteur believes that it is important that more Member States are ratifying and implementing the international obligations relating to fishing vessels and fishing activities so as to ensure a high global standard and a level playing field for fishers. The rapporteur believes that it is essential that these international obligations are implemented and controlled in a harmonised manner in the EU in order to ensure a level playing field for all EU fishers. Therefore the rapporteur is of the opinion that the Commission should assess the progress by Member States in ratifying and implementing these international obligations and where appropriate put forward legislative proposals for a harmonised implementation and control of the measures.

AMENDMENTS

The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5 a) In order to create a level playing field throughout the Union, it is preferable to first transpose the fisheries conventions in the community aquis with a view of creating a harmonised community control system. However, there are already Member States which have ratified international conventions such as the ILO C188 and the STCW-F, who have the responsibility of applying the Port State Control measures.

Amendment 2

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b) It is of high importance that Member States that have not ratified international conventions relating to fisheries, especially ILO C188 and IMO STCWF and IMO CTA, do so as soon as possible, in order to avoid the risk that Member States will apply the rules differently and the Commission should, actively encourage and assist Member States to ratify relevant international conventions. In order to ensure harmonised approaches in the implementation of these international obligations these should be transposed on EU-level with a view to then establish a harmonised approach to control of these obligations, including harmonised inspections systems on the control and enforcement of the provisions of the Convention C188.

Amendment 3

Proposal for a directive

Recital 5 c (new)

Text proposed by the Commission

Amendment

(5c) The Commission should further assess and follow the ratification of the international obligations relating to fishing activities and where appropriate present a legislative proposal for a harmonised transposition of these international obligations, particularly regarding the IMO STCW-F Convention on an harmonized inspection system on the control and application of the provisions of Convention C188 as well as implementing measures in relation to Directive (EU) 2017/159.

Amendment 4

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) However, due to the patterns of fishing not all EU Member States are visited by these larger fishing vessels. Therefore, a voluntary system for those EU Member States that wish to carry out these inspections and which is separate from the current port state control regime is being proposed to allow for flexibility and the way that standards are developed in port State control. This system of port State control of fishing vessel of over 24 metres in length can therefore be developed organically by Member States, the Paris MoU and the Commission.

(7) However, due to the patterns of fishing not all EU Member States are visited by these larger fishing vessels. Additionally, in fisheries there is no harmonized legal framework at EU level on domains such as maritime safety, vessels' construction and living and working conditions on board. Therefore, a voluntary system for those EU Member States that wish to carry out these inspections and which is separate from the current port state control regime is being proposed to allow for flexibility and the way that standards are developed in port State control. This system of port State control of fishing vessel of over 24 metres in length can therefore be developed organically by Member States, the Paris MoU and the Commission. The port State control rules developed must be proportionate and non-discriminatory. Member States carrying out those voluntary inspections may make use of financial assistance (EMFAF), in order to ensure sufficient means and human resources to this end.

Amendment 5

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a) Member States must apply the same criteria to national fleets and other European flags calling their ports. No differences should occur in the treatment of EU fishing vessels and between the different national control systems implemented.

Amendment 6

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) In order to set the modalieites for the specific port state control regime for fishing vessels delegated powers should be conferred on the Commission. In the exercise of its delegated powers the Commission shall take into account the need to ensure a level playing field in terms of port State control rules among Member States and fleets and harmonisation of the rules at EU level.

Amendment 7

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/16/EC

Article 3 – paragraph 4a

Text proposed by the Commission

Amendment

4a. Member States may carry out port state control inspections of fishing vessels of above 24 metres length overall. The Commission shall adopt implementing acts establishing the modalities of such a specific port state control regime for fishing vessels above 24 meters length overall. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).

4a. Member States may carry out port state control inspections of fishing vessels of above 24 metres length overall . The Commission shall adopt delegated acts establishing the modalities of such a specific port state control regime for fishing vessels above 24 meters length overall. Those delegated acts shall be adopted in accordance with Article 30b.

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive 2009/16/EC

Article 30 a – paragraph 1

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 30b, to amend Article 2(1) to amend the list of Conventions set out in Article 2(1) once such Conventions have been adopted as a relevant instrument by the Paris MoU and to amend Annex VI in order to add and/or update the list of procedures and guidelines relating to port State control adopted by the Paris MOU set out in that Annex.

In accordance with the Article 30b, the Commission shall be empowered to adopt delegated acts to amend the list of Conventions set out in Article 2(1) once such Conventions have been adopted as a relevant instrument by the Paris MoU, and to add and/or update the list of procedures and guidelines relating to port State control set out in Annex VI , following their adoption by the Paris MOU.

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point 19 a (new)

Directive 2009/16/EC

Article 30 b – paragraph 5

Present text

Amendment

(19a) in Article 30b, paragraph 5 is replaced by the following:

5. A delegated act adopted pursuant to Article 30a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

‘5. A delegated act adopted pursuant to Article 3(4a) and Article 30a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2009/16/EC

Article 35 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission shall by [OP: Please insert a date: five years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the progress by Member States on the ratification of international obligations related to fisheries as well as assessing how these obligations should be transposed on EU-level and, where appropriate, present a legislative proposal to this effect.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person

European Commission

Europeche

European Transport Workers Federation

The list above is drawn up under the exclusive responsibility of the rapporteur.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Amending Directive 2009/16/EC on port State control

References

COM(2023)0271 – C9-0191/2023 – 2023/0165(COD)

Committee responsible

Date announced in plenary

TRAN

10.7.2023

Opinion by

Date announced in plenary

PECH

10.7.2023

Rapporteur for the opinion

Date appointed

Izaskun Bilbao Barandica

18.7.2023

Discussed in committee

9.10.2023

Date adopted

29.11.2023

Result of final vote

+:

–:

0:

23

0

1

Members present for the final vote

Clara Aguilera, João Albuquerque, Pietro Bartolo, Izaskun Bilbao Barandica, Isabel Carvalhais, Maria da Graça Carvalho, Asger Christensen, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Niclas Herbst, Ladislav Ilčić, France Jamet, Predrag Fred Matić, Francisco José Millán Mon, Ana Miranda, João Pimenta Lopes, Caroline Roose, Bert-Jan Ruissen, Marc Tarabella, Theodoros Zagorakis

Substitutes present for the final vote

Gabriel Mato

Substitutes under Rule 209(7) present for the final vote

Erik Poulsen, Anne Sander

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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