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DRAFT REPORT (COM(2023)0272 – C90188/2023 – 2023/0172(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2009/21/EC on compliance with flag State requirements

TRAN-PR-753548

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.

This is the rapporteur's draft report on the Commission proposal to amend Directive 2009/21/EC on compliance with flag State requirements. It adopts a first-reading position and tables 13 amendments to the Commission's recitals and articles. The amendments make electronic certificates mandatory for all Member States within three years of entry into force, require inspections to cover crew working conditions and rest-hour records, and give EMSA a bigger training and guidance role, including on the Maritime Labour Convention. They also call for a 'genuine link' between a vessel's real owner and its flag, social security contributions under the flag State, and Commission action with the International Labour Organisation on third-country capacity building. Further amendments link the performance scheme and digitalisation to cutting greenhouse gas emissions and reaching climate neutrality by 2050, and ask that requirements not penalise well-performing administrations.

Committee position. The rapporteur welcomes the Commission proposal and supports it, while tabling amendments to strengthen training, electronic certificates, inspection of working conditions, the genuine link between owner and flag, and the link to decarbonisation. She wants requirements not to penalise well-performing administrations.

Key points

  1. Parliament adopts its first-reading position on the Commission proposal to amend Directive 2009/21/EC on flag State compliance.
  2. It calls on the Commission to refer the matter to Parliament again if it replaces or substantially amends its proposal.
  3. Minimum criteria and inspection targets should not penalise administrations that perform well, while adequate capacity and competence are maintained.
  4. EMSA's training programme should lead to harmonised approaches by all flag State surveyors and inspectors, and electronic certificates should be mandatory for all Member States within three years of entry into force.
  5. A 'genuine link' should exist between the real owner of a vessel and its flag under UNCLOS, and shipowners should pay social security contributions under the flag they fly unless the employee pays in their state of residence.
  6. The Commission, assisted by EMSA, should make audits more effective and facilitate simplified procedures, including incentives for compliance with environmental, social, public health and labour standards and sanctions.
  7. With the International Labour Organisation, the Commission should promote capacity building for third countries and an ILO database of inspection results and complaints covering seafarers and dockworkers.
  8. The flag State performance review should preserve the competitiveness of the Union maritime transport sector while supporting emission cuts and climate neutrality by 2050 under the Paris Agreement.
  9. Digitalisation and automation of maritime transport and ports should help cut emissions and decarbonise the sector under the European Green Deal.
  10. EMSA's training for flag State administrations should be continued, reinforced and extended to cover the Maritime Labour Convention in more detail, and it should facilitate coordination and exchange of good practices.
  11. Inspections should focus on the safety and environmental performance of all ships flying a Member State flag and on crew working conditions, including the accuracy of working and resting hours data.
  12. EMSA should publish guidance on implementing the Maritime Labour Convention and a list of the most frequent problems found in port State inspections for each flag, with explanations on documentation and certificates.

Who is affected

  • Flag State administrations: must keep training, revise inspection guidelines and meet the electronic certificate deadline.
  • Shipowners: obliged to pay social security contributions under the flag they fly unless the employee pays in their state of residence.
  • Seafarers and dockworkers: inspections and ILO work target their working conditions, rest hours and complaint records.
  • EMSA: given a larger role in training, guidance, database interoperability and publishing inspection findings.
  • Third countries: the Commission should promote capacity building on inspection and enforcement with the ILO.

Figures and deadlines

  • Electronic certificates mandatory for all Member States from three years from the date of entry into force of the amending Directive, at the latest.
  • Climate neutrality by 2050 at the latest, in line with the Paris Agreement adopted on 12 December 2015.
  • Maritime Labour Convention adopted by the ILO in 2006 (MLC 2006).
  • Commission communication of 11 December 2019 on 'The European Green Deal'.

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