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DRAFT 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

TRAN-PR-752958

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.

The rapporteur's draft report sets out Parliament's first-reading amendments to the proposed directive amending Directive 2009/16/EC on port State control. It adds environmental aims to the ship risk profile, links port State control to the Paris Agreement and the 'Fit for 55 package', and seeks more inspections of polluting ships. It allows Member States to run voluntary port State control inspections of fishing vessels over 24 metres until a mandatory regime applies after the Cape Town Agreement enters into force. It makes electronic certificates mandatory for all Member States no later than three years after entry into force, and requires training for inspectors on seafarers' welfare and work and rest hours. It changes the refusal-of-access rules and requires the Commission to report on implementation after seven years and every five years thereafter.

Committee position. The rapporteur supports the revision's overall objective and focuses her draft report on better consideration of the European Green Deal, voluntary port State control on fishing vessels over 24 metres, digitalisation and e-certificates, seafarers' welfare, and a Commission implementation report after seven years and every five years thereafter.

Key points

  1. Parliament adopts its first-reading position on the Commission proposal to amend Directive 2009/16/EC on port State control.
  2. The Commission must refer the matter to Parliament again if it replaces or substantially amends its proposal.
  3. A parallel voluntary port State control system for fishing vessels over 24 metres is proposed to collect data on accidents and injuries and improve health and safety of seafarers and fishermen.
  4. The voluntary system should be promoted to prepare for the Cape Town Agreement, and the Commission should align Union law, in particular Council Directive 97/70/EC, after it enters into force.
  5. The Union should continue its leadership under the Paris Agreement, and the ship risk profile should give more weight to environmental performance, carbon intensity, deficiencies and detentions.
  6. Port State control should support 'Fit for 55' measures by inspecting polluting ships more often and incentivising on-shore power supply and energy-saving technology.
  7. The Union should support research, innovation and upskilling of seafarers for digitalisation, and electronic certificates should be incentivised in the ship risk profile.
  8. Training of port State control officers should emphasise seafarers' welfare, verification of work and rest hour records, and the ILO Work in Fishing Convention, 2007 (No. 188).
  9. Member States may carry out port State control inspections of fishing vessels above 24 metres overall until a mandatory regime applies; the Commission adopts implementing acts on the modalities.
  10. A refusal of access order becomes applicable from the date of its issuing and is lifted after 12 months if the owner or operator provides evidence of full compliance.
  11. The Commission shall develop a professional development and training programme for inspectors, building on EMSA expertise, and update it for new technologies and obligations on environmental, social, public health and labour standards.
  12. Electronic certificates become mandatory for all Member States no later than three years after entry into force, and the Commission shall report on implementation after seven years and every five years thereafter.

Who is affected

  • Member States, which may run voluntary port State control inspections of fishing vessels over 24 metres and must make electronic certificates mandatory within three years.
  • Fishing vessels over 24 metres in length, which face voluntary port State control inspections until a mandatory regime applies.
  • Port State control inspectors, who receive a professional development and training programme with emphasis on seafarers' welfare and work and rest hours.
  • Seafarers and fishermen, whose health, safety, welfare and work and rest hours are addressed by the training and inspection rules.
  • Ships calling at Union ports, whose risk profile reflects environmental performance and electronic certificates.

Figures and deadlines

  • 24 meters: length above which fishing vessels are covered by the proposed port State control system.
  • 55%: the EU's total greenhouse gas emission reduction target by 2030 under the 'Fit for 55 package'.
  • 2050: the year for climate neutrality referred to in the text.
  • 12 months: period after which a refusal of access order is lifted if the owner or operator provides evidence of compliance.
  • three years: deadline after entry into force for electronic certificates to become mandatory for all Member States.
  • seven years: period after entry into force for the Commission's first implementation report, and every five years thereafter.

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