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DRAFT 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-PA-753475

Committee on Fisheries · Rapporteur: Izaskun Bilbao Barandica

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The Committee on Fisheries draft opinion responds to the Commission proposal to bring fishing vessels above 24 metres into the Port State Control directive through voluntary inspections by member states. The rapporteur wants the modalities for these inspections set out in delegated acts rather than implementing acts, and wants member states and the Commission to develop the voluntary schemes in close cooperation. The draft opinion also asks the Commission to assess member states' progress in ratifying and implementing international fisheries obligations, especially ILO C188 and IMO STCWF, and to propose EU-level transposition where appropriate.

Committee position. 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, that the voluntary schemes be developed in close cooperation between member states and the Commission, and that the Commission assess and report on member states' ratification of international fisheries obligations.

Key points

  1. Fishing vessels are not currently covered by the Port State Control directive, while international obligations on them are growing and mainly target 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, not implementing acts.
  5. The rapporteur calls on more member states to ratify and implement international obligations on fishing vessels and fishing activities, and on the Commission to assess their progress and propose legislation where appropriate.
  6. Amendment 1 adds a recital stressing that member states that have not ratified ILO C188 and IMO STCWF should do so as soon as possible, with EU-level transposition and harmonised inspections.
  7. Amendment 2 adds to Recital 7 that delegated powers should be conferred on the Commission to set the modalities for the specific port state control regime for fishing vessels.
  8. Amendment 3 changes Article 3(4a) so the Commission adopts delegated acts, in accordance with Article 30b, establishing the modalities of the regime for fishing vessels above 24 metres length overall.
  9. Amendment 4 replaces Article 30b(5) so a delegated act under Article 2(4a) and Article 30a enters into force only if Parliament and the Council do not object within two months, extendable by two months.
  10. Amendment 5 adds Article 35(1a) requiring the Commission to report to Parliament and the Council on member states' ratification progress and on how the obligations should be transposed at EU level, and to propose legislation where appropriate.

Who is affected

  • Fishing vessels above 24 metres length overall and their operators, who would become subject to voluntary port state control inspections.
  • Member states, which may carry out the inspections and are asked to ratify and implement international fisheries obligations.
  • The Commission, which would adopt delegated acts on the modalities and report on ratification progress.
  • EU fishers, for whom the rapporteur seeks a level playing field through harmonised implementation and control.

Figures and deadlines

  • 24 metres length overall: the size threshold above which fishing vessels would fall under the voluntary port state control regime.
  • Two months: period for 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: deadline for the Commission's report on ratification progress.