Sittings · Document
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
Committee on Transport and Tourism · Rapporteur: Vera Tax
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
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
(COM(2023)0272 – C90188/2023 – 2023/0172(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0272),
– 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 (C90188/2023),
– 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 8
| Text proposed by the Commission | Amendment |
| (8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical experience of the Member States, including the use of non-exclusive inspectors, via implementing measures. | (8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical experience of the Member States, including the use of non-exclusive inspectors, via implementing measures. While adequate capacity and competence should be maintained, the requirements indicated should not penalise administrations that are performing well. |
Or. en
Amendment 2
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The fulfilment of a harmonised capacity building scheme, post-qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. | (9) The fulfilment of a harmonised capacity building scheme, post-qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. The training programme developed by the European Maritime Safety Agency (EMSA) should lead to the adoption of harmonised approaches by all Flag State surveyors and inspectors, including the mandatory use of electronic certificates by all Members States from three years from the date of entry into force of this Directive, at the latest. |
Or. en
Amendment 3
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations. | (11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations. To eliminate unwanted practices like the reflagging of vessels and the use of open registries, there should be a 'genuine link' between the real owner of a vessel and the flag the vessel flies, in accordance with Article 91 (1) of UNCLOS. Shipowners are obliged to pay social security contributions under the law of the flag they are flying, unless the employee pays them in accordance with the law of the state in which they reside. When it is used to avoid high contribution levels, that practice could also have unwanted consequences. |
Or. en
Amendment 4
Proposal for a directive
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) The involvement of the Commission, assisted by EMSA, in the audits should make the auditing process more effective and comprehensive and should facilitate the introduction and implementation of simplified procedures, including incentives for compliance with environmental, social, public health and labour law standards, safety on board of ships calling at Union ports for both seafarers and dock workers, and the possibilities for effective proportionate and dissuasive sanctions, taking into account environmental, public health, tax and social law. |
Or. en
Amendment 5
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15a) In coordination with the International Labour Organisation (ILO), the Commission should promote capacity building for third countries on inspection and enforcement by establishing campaigns with social partners to raise awareness of rights and obligations under the Maritime Labour Convention adopted by ILO in 2006 (MLC 2006). Furthermore the Commission should promote the establishment by the ILO of a database of inspection results and complaints, for both seafarers and dockworkers, ensuring the accuracy of records of hours of work and rest, to help seafarers and shipowners seek the most reliable and MLC 2006-compliant recruitment and employment services. |
Or. en
Amendment 6
Proposal for a directive
Recital 16
| Text proposed by the Commission | Amendment |
| (16) An evaluation and review of the performance scheme for flag States, based on common transparent, reliable and objective key performance criteria and building on current such similar schemes should support all Member States in their continuous compliance and improvement. | (16) An evaluation and review of the performance scheme for flag States, based on common transparent, reliable and objective key performance criteria and building on current such similar schemes should support all Member States in their continuous compliance and improvement and in preserving the competitiveness of the Union maritime transport sector, while ensuring its contribution to the Union’s efforts to reduce greenhouse gas emissions and to achieve climate neutrality by 2050 at the latest, in line with the Paris Agreement1a, adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change. |
| __________________ | |
| 1a OJ L 282, 19.10.2016, p. 4. |
Or. en
Amendment 7
Proposal for a directive
Recital 18
| Text proposed by the Commission | Amendment |
| (18) An electronic reporting tool for the purposes of further improving the consistent collection of relevant statistics and maritime data and information from Member States, should be established. | (18) An electronic reporting tool for the purposes of further improving the consistent collection of relevant statistics and maritime data and information from Member States, should be established. The digitalisation and automation of the maritime transport sector and in particular of ports and ships also have significant potential to contribute to the reduction of emissions from the sector and play a key role in its decarbonisation in line with the ambitions of the communication of the Commission of 11 December 2019 on ‘The European Green Deal’. |
Or. en
Amendment 8
Proposal for a directive
Recital 21
| Text proposed by the Commission | Amendment |
| (21) The European Maritime Safety Agency (EMSA) should provide the necessary support to ensure the implementation of Directive 2009/21/EC. | (21) EMSA should provide the necessary support to ensure the implementation of Directive 2009/21/EC. The training provided by EMSA to flag State administrations should be continued, reinforced and extended to cover MLC 2006 in more detail. EMSA should facilitate coordination and exchange of information and good practices between flag State administrations. |
Or. en
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with paragraph 2(c) are rectified. | 3. Member States shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with paragraph 2(c) are rectified. In particular, inspections shall focus on the safety and environmental performance of all ships flying the flag of a Member State, as well as on the working conditions of the crews, including the accuracy of data on working and resting hours. |
Or. en
Amendment 10
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Member States shall ensure that at least the following information concerning ships flying their flag is kept and is made accessible in an electronic format compatible and interoperable with Union maritime safety databases: | 1. Electronic certificates shall be mandatory for all Members State from three years from the date of entry into force of this amending Directive, at the latest. Member States shall ensure that at least the following information concerning ships flying their flag is kept and is made accessible in an electronic format compatible and interoperable with Union maritime safety databases: |
Or. en
Amendment 11
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The information shall be communicated to the inspection database provided for in Article 6a. The master shall also be provided with a copy of the report. | 2. The information shall be communicated to the inspection database provided for in Article 6a. The interoperability of databases shall contribute to a harmonised approach to reporting and measuring of performance of the fleet under the responsibility of the flag State and the duties of flag States. The master shall also be provided with a copy of the report. |
Or. en
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2009/21/EC
Article 6a – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The Commission shall ensure that the inspection database makes it possible to retrieve any relevant data concerning the implementation of this Directive based on inspection data provided by Member States. | 3. The Commission shall ensure that the inspection database makes it possible to retrieve any relevant data concerning the implementation of this Directive based on inspection data provided by Member States. EMSA shall publish a guidance document offering advice on how to implement MLC 2006. EMSA shall also provide a list of the most frequent problems detected during port State inspections of ships under each flag, as well as explanations and clarifications concerning the specific documentation and certificates of each flag State. |
Or. en
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Directive 2009/21/EC
Article 8 – paragraph 1 – subparagraph 3
| Text proposed by the Commission | Amendment |
| Each Member State shall ensure that other personnel assisting in the performance of inspections have education, training and supervision commensurate with the tasks they are authorized to perform. | Each Member State shall ensure that other personnel assisting in the performance of inspections have education, training and supervision commensurate with the tasks they are authorized to perform. Flag States shall revise the guidelines provided to their inspectors and to those authorised to act on their behalf so that they cover the systematic verification of the accuracy of records. Training provided by EMSA to flag State administrations shall be continued, reinforced and extended to cover MLC 2006 in more detail. EMSA shall also facilitate the coordination and exchange of information and good practices between flag State administrations. |
Or. en
EXPLANATORY STATEMENT
The Rapporteur welcomes the Commission proposal to revise the Directive 2009/21/EC on compliance with flag State requirements. It should improve the quality of inspections of EU-flagged ships, provide for a better oversight of recognised organisations carrying out work under the responsibility of a flag state and set up a more harmonised training system for the European inspectors. In turn, this should lead to a better enforcement of safety rules, less pollution from shipping and better compliance of the EU Member States with their obligations as flag States under the IMO regime.
The Rapporteur supports the obligation to have a quality management system as well as a broader use of modern digital technologies, in particular in the field of electronic certificates and interoperability of EMSA databases that could be consulted by European port state authorities in preparation for a port state inspection of a European flagged ship.
The Rapporteur believes that digitization and automation of the maritime sector have a significant potential to contribute to the reduction of its emissions and play a key role in its decarbonisation, in line with the ambitions of the Green Deal. She is also convinced that in order to preserve the competitiveness, the European maritime transport sector must participate in the Union's efforts to reduce greenhouse gas emissions and to achieve climate neutrality by 2050 at the latest, in line with the Paris Agreement. To this end, she is of the opinion that Member States should use the Union Maritime Information and Exchange System (SafeSeaNet) and services established by Directive 2002/59/EC and proposes that electronic certificates become mandatory for all member states already after three years from the date of entry into force of this Directive.
In order to improve safety and ensure level playing field, the rapporteur is also convinced that training programs provided by EMSA to flag State authorities should favour more harmonised approach and should be continued, reinforced and extended to cover Maritime Labour Convention- related aspects in more detail. EMSA should facilitate coordination, as well as an exchange of information and of good practice between flag State authorities in this regard. The Rapporteur would like to see the inspections to reflect on the working conditions, safety and environmental performance of all ships flying the flag of Member States and therefore include accurate data on crews’ working and resting hours. Flag states should revise the guidelines provided to their inspectors and those authorised to act on their behalf to include systematic verification of these records' accuracy.
The rapporteur is of the opinion that to eliminate unwanted practices like the reflagging of vessels and the use of open registries, there should be a 'genuine link' between the actual owner of a vessel and the flag the vessel flies, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS Article 5 of the 1958 Convention and Article 91(1) of the 1982 UN Convention of the Law of the Sea (UNCLOS). Accordingly, shipowners should be obliged to pay social security contributions under the flag they are sailing unless the employee pays them according to the law of the state in which they reside.
Finally, the Commission proposal sets up an expert group on flag state requirements to provide a platform for the exchange of best practice and in order to develop a joint approach to flag state inspections and a common reporting format. While the rapporteur agrees with this idea and believes that adequate capacity and competence building should be maintained and promoted, she considers that the solutions and recommendations developped by the expert group should should not penalise well-performing administrations.