Sittings · Document
On the proposal for a directive of the European Parliament and of the Council Amending Directive 2009/16/EC on port State control
Committee on Transport and Tourism · Rapporteur: Vera Tax
PR_COD_1amCom
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control
(COM(2023)0271 – C90191/2023 – 2023/0165(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0271),
– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90191/2023),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of […],
– having regard to the opinion of the Committee of the Regions of […],
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Fisheries,
– having regard to the report of the Committee on Transport and Tourism (A90000/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 6
Text proposed by the Commission
Amendment
(6) Due to their small size, most fishing vessels in the EU operate in territorial waters, and are not susceptible to being inspected in foreign ports. This means that in general, only larger fishing vessels above 24 meters in length (which are also the fishing vessels which are most subject to international conventions) are likely to engage in international waters and call at ports different than those in the country where they are registered and therefore be subject to PSC. As the majority of the international conventions applicable to larger fishing vessels are different to those which are currently enforced through port State control and to avoid undesirable spill over effects onto the current port state control system a parallel system of port state control for fishing vessels is being proposed.
(6) Due to their small size, most fishing vessels in the EU operate in territorial waters, and are not susceptible to being inspected in foreign ports. This means that in general, only larger fishing vessels above 24 meters in length (which are also the fishing vessels which are most subject to international conventions) are likely to engage in international waters and call at ports different than those in the country where they are registered and therefore be subject to port State control. As the majority of the international conventions applicable to larger fishing vessels are different to those which are currently enforced through port State control and to avoid undesirable spill over effects onto the current port state control system a parallel system of port state control for fishing vessels is being proposed. This will facilitate the collecting of more complete data on accidents and injuries aboard such vessels and the improving of the health and safety of the seafarers and fishermen working on them.
Or. en
Amendment 2
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. 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. This voluntary system should be promoted as it will help Member States and larger fishing vessels prepare for the entry into force of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the ‘Cape Town Agreement’) to enhance fishing vessel safety. The Commission should also align the Union legal acts accordingly, and in particular Council Directive 97/70/EC3a, as early as possible after the entry into force of the Cape Town Agreement. The mandatory port State control enforcement regime to be introduced in the Union after the entry into force of the Cape Town Agreement should take account of existing voluntary systems for the port State control of fishing vessels referred to in this Directive.
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3a Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L 34, 9.2.1998, p. 1, ELI: http://data.europa.eu/eli/dir/1997/70/oj).
Or. en
Amendment 3
Proposal for a directive
Recital 11
Text proposed by the Commission
Amendment
(11) Over the last decade and despite increases in the number of vessels calling to EU ports including the short sea shipping transport of goods between main ports in the EU Member States and ports situated in geographical Europe or in non-European countries on the Mediterranean and the Black Sea, the safety profile of vessels calling to EU ports has improved considerably. Port State control inspections are being increasingly used to enforce environmental legislation such as in relation to sulphur emissions or the safe and environmental scrapping of ships. The “Fit for 55 package” aims to reduce the EU’s total green-house gas emissions by 55% by 2030, paving the way to climate neutrality by 2050 and maritime transport is expected to contribute to this effort. However, the ship risk profile devised prior to 2009 had different priorities and is not fully adapted to focus the inspection effort on the least environmentally performing vessels.
(11) Over the last decade and despite increases in the number of vessels calling to EU ports including the short sea shipping transport of goods between main ports in the EU Member States and ports situated in geographical Europe or in non-European countries on the Mediterranean and the Black Sea, the safety profile of vessels calling to EU ports has improved considerably. Port State control inspections are being increasingly used to enforce environmental legislation such as in relation to sulphur emissions or the safe and environmental scrapping of ships. In line with its commitments under the Paris Agreement3b, adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change, the Union should continue to exert its leadership in a sector that is regulated both at European and international level and is still highly dependent on fossil fuels. The “Fit for 55 package” aims to reduce the EU’s total green-house gas emissions by 55% by 2030, paving the way to climate neutrality by 2050 and maritime transport is expected to contribute to this effort. However, the ship risk profile devised prior to 2009 had different priorities and is not fully adapted to focus the inspection effort on the least environmentally performing vessels.
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3b OJ L 282, 19.10.2016, p. 4.
Or. en
Amendment 4
Proposal for a directive
Recital 12
Text proposed by the Commission
Amendment
(12) On this basis, the ship risk profile should be updated to reflect environmental issues by attaching more importance to the environmental performance, including the operational carbon intensity of the ships being inspected as well as to environmental related deficiencies and detentions.
(12) On this basis, the ship risk profile should be updated to reflect environmental issues by attaching more importance to the environmental performance, including the operational carbon intensity of the ships being inspected as well as to environmental related deficiencies and detentions. Port State control can play an important role in ensuring that ‘Fit for 55’ measures that apply to the maritime sector are effective through the imposition of more numerous inspections on polluting ships. It will help incentivise the use of on-shore power supply or any other energy saving technology which reduces greenhouse gas emissions and air pollutants in ports while safeguarding the competitiveness of the sector. This, along with the support to port industries, small and medium enterprises and start-ups specialised in circular economy and investment in renewable, low and zero emission alternatives, will contribute to the achievement of the Union’s climate neutrality goals.
Or. en
Amendment 5
Proposal for a directive
Recital 13
Text proposed by the Commission
Amendment
(13) Digitalisation is an essential aspect of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The number of ships currently carrying electronic certificates is on the rise and expected to increase. Therefore the effectiveness of port State control should be enhanced by making more use of electronic certificates to allow for more ship focussed better prepared inspections. The uptake and use of these electronic certificates should be incentivised by their inclusion in the ship risk profile.
(13) Digitalisation is an essential aspect of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The number of ships currently carrying electronic certificates is on the rise and expected to increase. Therefore the effectiveness of port State control should be enhanced by making more use of electronic certificates to allow for more ship focussed better prepared inspections. The uptake and use of these electronic certificates should be incentivised by their inclusion in the ship risk profile. It is important for the Union to support the research and innovation, as well as the upskilling and reskilling of seafarers in order to optimise the benefits that digitalisation and automation can bring to the maritime sector, in particular in terms of reducing emissions.
Or. en
Amendment 6
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(14) Port State control has been increasing in complexity as new inspection requirements are added, either by EU law or via the International Maritime Organization. There is therefore a need to ensure the upskilling and reskilling of the port State control officers and continuously develop their training.
(14) Port State control has been increasing in complexity as new inspection requirements are added, either by EU law or via the International Maritime Organization. There is therefore a need to ensure the upskilling and reskilling of the port State control officers and continuously develop their training. More specifically, training should put more emphasis on respect for seafarers’ welfare, in particular the verification of the work and rest hour records, since insufficient rest affects the safety of the ship and the work performance, and occupational health of seafarers. The competent authorities of the port State should also implement their responsibilities effectively under the ILO Work in Fishing Convention, 2007 (No. 188).
Or. en
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. Until such time as a mandatory port State control regime for fishing applies throughout the Union, as a result of the entry into force of the Cape Town Agreement and the amendment of the relevant Union legal acts, individual 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).
Or. en
Amendment 8
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/16/EC
Article 21 – paragraph 4 – subparagraph 2
Text proposed by the Commission
Amendment
The refusal of access order shall be lifted after a period of 12 months has passed. The refusal of access order shall become applicable from the date of its issuing.
The refusal of access order shall become applicable from the date of its issuing.
Or. en
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/16/EC
Article 21 – paragraph 4 – subparagraph 3
Text proposed by the Commission
Amendment
Such refusal shall be maintained until the owner or operator provides evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.
The refusal of access order shall be lifted after a period of 12 months has passed on the condition that the owner or operator provides evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.
Or. en
Amendment 10
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2009/16/EC
Article 22 – paragraph 7 – subparagraph 1
Text proposed by the Commission
Amendment
In cooperation with Member States and taking into account the expertise and the experience gained in the Union and under the Paris MOU, the Commission shall develop a professional development and training programme for port State control inspectors. This training programme shall take account of the widened scope of port State control as well as improvements in the scope and forms of training.
In cooperation with Member States and taking into account the expertise and the experience gained in the Union and under the Paris MOU, the Commission shall develop a professional development and training programme for port State control inspectors. This training programme shall take account of the widened scope of port State control as well as improvements in the scope and forms of training. The Commission shall build on the expertise of EMSA and support its activity as the trainings it proposes contribute to the harmonisation of port State control officers practices.
Or. en
Amendment 11
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2009/16/EC
Article 22 – paragraph 7 – subparagraph 2
Text proposed by the Commission
Amendment
In cooperation with the Member States, the Commission shall on a continuous basis identify and provide new training needs to amend the curricula, syllabi and content of the professional development and training programme for inspectors, especially as regards new technologies and in relation to the additional obligations arising from the relevant instruments.
In cooperation with the Member States, the Commission shall on a continuous basis identify and provide new training needs to amend the curricula, syllabi and content of the professional development and training programme for inspectors, especially as regards new technologies and in relation to the additional obligations arising from the relevant instruments in order to facilitate compliance with environmental, social, public health and labour law standards and safety onboard ships calling at Union ports for both seafarers and dock workers, with a special focus on the needs of female workers.
Or. en
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2009/16/EC
Article 24a – paragraph 2
Text proposed by the Commission
Amendment
2. The Member States may use the harmonised reporting interface, validation tool and central repository/database for electronic versions of the certificates to facilitate the transition of their ship registers to electronic certificates.
2. The Member States may use the harmonised reporting interface, validation tool and central repository/database for electronic versions of the certificates to facilitate the transition of their ship registers to electronic certificates. Electronic certificates shall be mandatory for all Members State as early as possible after the entry into force of this agreement and in any case no later than three years thereafter.
Or. en
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2009/16/EC
Article 24a – paragraph 3
Text proposed by the Commission
Amendment
3. Ships flying the flag of a State that issue such electronic certificates shall have this reflected in the ship risk profile (SRP) as set out in Annexes I and II.
3. Ships flying the flag of a State that issue such electronic certificates shall have this reflected in the ship risk profile (SRP) as set out in Annexes I and II until the electronic certificate becomes compulsory.
Or. en
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2009/16/EC
Article 35 – paragraph 1
Text proposed by the Commission
Amendment
The Commission shall by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive.
The Commission shall by seven years from the date of entry into force of this amending Directive and every five years thereafter submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive.
Or. en
EXPLANATORY STATEMENT
The Rapporteur welcomes the presentation of the Maritime Safety Package and the revision of the Port State control directive. Ms Tax supports the overall objective of this revision, which is to adapt the EU legislation to revised international regulations while ensuring a level playing field and the competitiveness of EU shipping.
The Rapporteur focused her draft report on a few elements, which require in her view some adjustments.
1) Better consideration of the European Green Deal
Ms. Tax believes that Port State Control can successfully reduce greenhouse gas emissions in line with the Climate neutrality commitment of the EU, while safeguarding the sector's competitiveness and helping incentivize shore-side electricity or any other energy-saving technology, which reduces greenhouse emissions and air pollutants in ports.
Therefore, the rapporteur welcomes the Commission's proposal to make the control regime more responsive to the EU's climate priorities by considering the environmental deficiencies identified during port state inspections and the ship's CO2 emissions index in defining the ship's risk profile.
In her report, the Rapporteur insisted on the contribution Port State Control can make to the reduction of greenhouse gas emissions in line with the Climate neutrality commitment of the EU. The EU must retain a leading role in the negotiations towards emissions reduction within the IMO framework.
2) Introduction of voluntary Port State controls on fishing vessels over 24 meters
The rapporteur supports this introduction, which promotes compliance with international standards as well as the development of guidelines for carrying out port state inspections on fishing vessels; this will contribute to improve the level of safety aboard these ships, which experience a relatively high level of accidents.
Ms Tax believes such controls should become compulsory as soon as the Cape Town Agreement to enhance fishing enters into force and the relevant EU legislation is updated accordingly.
3) Digitalization and e-certificate
The Rapporteur welcomes the Commission’s proposal that uptake and use of the electronic certificates should be incentivised by their inclusion in the ship risk profile. A widespread use of digital certificates and the linking of database will contribute to more efficient and targeted inspections. More generally, automation and digitalization have significant potential to contribute to decarbonisation and emission reductions, and to foster cooperation between stakeholders
In her report, the Rapporteur calls for investments, research and innovation in the domain of digitalization. Ms Tax highlights that this evolution will require new skills from seafarers and that they should therefore receive adequate training to ensure ships’ safety and operational efficiency.
4) Seafarers welfare
The Rapporteur thinks that Port State control should recognize the detrimental impacts of insufficient rest on ship safety, work performance and occupational health and safety. Training of PSC officers should put more emphasis on the respect of seafarers’ and dockers’ welfare and fundamental rights to decent working and living conditions, in particular through the systematic verification of the work/rest hour records.
The Rapporteur supports in that regards, the Commission’s proposal to develop a professional development and training programme for port State control inspectors, which will contribute to an efficient and harmonized approach to Port State Controls with the support and expertise of EMSA
Finally, the Rapporteur believes that the Commission shall, not later that seven years after the date of entry into force of this amending Directive and every five years thereafter, submit a report to the European Parliament and the Council on implementing, and compliance with, this Directive.