Changes from plenary report to adopted text

RemovedRecital 5 b (new): (5b) In order to create a level playing field throughout the Union, it is preferable to first transpose the fisheries conventions in the community aquis with a view of creating a harmonised community control system. However, there are already Member States which have ratified international conventions such as the ILO C188 and the STCW-F, who have the responsibility of applying the Port State Control measures.

RemovedRecital 5 c (new): (5c) It is of high importance that Member States that have not ratified international conventions relating to fisheries, especially ILO C188 and IMO STCWF and IMO CTA, do so as soon as possible, in order to avoid the risk that Member States will apply the rules differently. The Commission should actively encourage and assist Member States to ratify relevant international conventions. In order to ensure harmonised approaches in the implementation of these international obligations these should be transposed on Union level with a view to then establish a harmonised approach to control these obligations, including harmonised inspections systems on the control and enforcement of the provisions of the Convention C188.

RemovedRecital 5 d (new): (5d) The Commission should further assess and follow up on the ratification of the international agreements containing obligations relating to fishing activities and where appropriate present a legislative proposal for a harmonised transposition of these international obligations into Union law, particularly regarding the IMO STCW-F Convention on a harmonized inspection system on the control and application of the provisions of Convention C188 as well as implementing measures in relation to Directive (EU) 2017/159.

RemovedRecital 6: (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. Nevertheless, the inspection criteria for fishing vessels should be aligned as far as possible with the Cape Town Agreement inspection criteria, since all Member States have committed themselves to ratifying it in order to avoid the fragmentation of practices across the Union ports. This will facilitate the collecting of more complete data including on accidents and injuries aboard such vessels and the improving of the health and safety of the seafarers and fishermen working on them.

RemovedRecital 7: (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. As early as possible after the entry into force of that agreement, the Commission should align existing Union legal acts accordingly, and in particular Council Directive 97/70/EC1a. 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. / 1a Council Directive 97/70/EC of 11 December 1997 setting up a harmonized safety regime for fishing vessels of 24 m…

RemovedRecital 11: (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 Agreement1a, 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. / 1a OJ L 282, 19.10.2016, p. 4.

RemovedRecital 12: (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. While safeguarding the competitiveness of the sector this will help promote the use of on-shore power supply or any other energy saving technology which reduces greenhouse gas emissions and air pollutants in ports. 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.

RemovedRecital 12 a (new): (12a) As soon as the IMO has concluded the revision of its carbon intensity indicator (CII), the Commission should adopt a delegated act in order to amend this Directive by including the carbon intensity indicator adopted by the IMO among the environmental parameters used for the determination of a ship risk profile of a ship under this Directive.

RemovedRecital 13: (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.

RemovedRecital 14: (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 and the International Labour 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, more emphasis should be placed on training concerning respect for seafarers’ welfare, in particular regarding the verification of the work and rest hour records, since insufficient rest affects the safety of the ship and the work performance, and regarding the 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). It is important to take into account the on-board working and living conditions of the crew and the training and qualifications of its members, given that health, safety, security and social considerations are closely interlinked and that it is of utmost importance to prevent any damage caused by human factors. In particular, when considering detention of a ship based on serious or repeated breach of MLC 2006 requirements (including seafarers’ rights) the competent authorities should take also take into account minimum wages, working hours and rest periods.

RemovedRecital 15: (15) Union Flag State administrations in line with Directive 2009/21/EC of the European Parliament and of the Council26 are required to have a quality management system in order to help Member States to further improve their performance as flag States and to ensure a level playing field between administrations. A similar requirement for the port state control activities should allow Member States to certify that their organisation, its policies, processes, resources and documentation are appropriate to achieve its objectives as well as identify system problems such as resource or personnel allocation issues before these become problematic. The competent authorities of the port States should verify compliance with applicable international conventions on maritime safety and security, on protection of the marine environment and on living and working conditions on-board, in respect of the ships calling at their ports. In conducting such monitoring activities, the port State should not interfere with the competences of a flag State, as set out by international conventions such as Article 94 of UNCLOS and Union legal acts such as Directive 2013/54/EU of the European Parliament and of the Council26a. / 26a Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.

RemovedRecital 15 a (new): (15a) Member States must apply the same criteria to national fleets and other European flags calling their ports. No differences should occur in the treatment of Union fishing vessels and between the different national control systems implemented.

RemovedRecital 19: (19) In view of the full monitoring cycle of visits to Member States by the European Maritime Safety Agency (EMSA) to monitor the implementation of Directive 2009/16/EC, the Commission should evaluate the implementation of Directive 2009/16/EC no later than [5 years after its date of application referred to in Article XX)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

RemovedArticle 1 – paragraph 1 – point 1 – point a – introductory part: (a) in point 1 the following points (l), (m) and (ma) are added:

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point m a (new): (ma) The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (“The Hong Kong Convention”).’

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 2 – point b, Article 3 – paragraph 4a: 4a. Until such time as a mandatory port State control regime for fishing vessels 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).

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 8a – paragraph 1: Failure to carry out an inspection for force majeure reasons shall not be counted as a missed inspection provided that the missed inspection and the reasons for not carrying it out are documented, recorded in the inspection database and reported to EMSA.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 9, Article 10 – paragraph 2 – point c: Environmental parameters shall be based on the number of deficiencies relating to MARPOL, AFS, BWM Convention, CLC 92, Bunkers Convention and Nairobi Conventions, and the provision of valid documentation relating to Regulation (EU) No 1257/2013 or the Hong Kong Convention, in accordance with Annex I, Part I.3 and Annex II.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 12 a (new), Article 18 – paragraph 5: (12 a) In Article 18, paragraph 5 is replaced by the following: / ‘Member States shall inform the flag State administration, with a copy to the International Labour Organisation (ILO) and the European Maritime Safety Agency (EMSA), of complaints not manifestly unfounded and of follow-up actions taken. The Agency shall be invited by Member States, in line with the EMSA regulation, to provide operational and technical support concerning safety investigations.’

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 13, Article 21 – paragraph 4 – subparagraph 2: The refusal of access order shall become applicable from the date of its issuing.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 13, Article 21 – paragraph 4 – subparagraph 3: The refusal of access order shall be lifted after a period of 12 months has elapsed on 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.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 14, Article 22 – paragraph 7 – subparagraph 1: 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 ensure adequate support for the harmonisation of port State control practices across the Union, reporting to the European Parliament and the Council every 4 years on the level of harmonisation and standards of the inspections. It shall also 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.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 14, Article 22 – paragraph 7 – subparagraph 2: 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 on-board ships calling at Union ports for both seafarers and dock workers, with a special focus on female workers.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 14, Article 22 – paragraph 7 – subparagraph 2 a (new): The Commission, with the involvement of EMSA, shall produce a guidance document offering advice on how to implement international Conventions, in particular the MLC 2006, with regard to port State control. EMSA shall also provide detailed information about the most frequent problems detected during port State inspections of ships under each flag.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 14 a (new), Article 23 – paragraph 1: (14a) In Article 23, paragraphs 1 and 2 are replaced by the following: / ‘1. Member States shall take appropriate measures to ensure that their pilots engaged on the berthing or unberthing of ships or engaged on ships bound for a port or in transit within a Member State immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are apparent anomalies which may prejudice the safe navigation of the ship, or safety of seafarers on board or which may pose a threat of harm to the marine environment.’

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 14 a (new), Article 23 – paragraph 2: 2. If port authorities or bodies, in the course of their normal duties, learn that a ship within their port has apparent anomalies which may prejudice the safety of the ship or seafarers on board or poses an unreasonable threat of harm to the marine environment, such authority or body shall immediately inform the competent authority of the port State concerned.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 16, Article 24a – paragraph 2: 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 States as early as possible after the entry into force of this amending directive and in any case no later than three years thereafter.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 16, Article 24a – paragraph 3: 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.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 17 a (new), Article 26: (17a) Article 26 is replaced by the following: / ‘Article 26 / Publication of information. The Commission shall make available and maintain on a public website the information on inspections, detentions and refusals of access in accordance with Annex XIII, building upon the expertise and experience under the Paris MOU. Information identifying an individual ship shall only be made publicly available if all legal proceedings are finalised and there is no appeal.’

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 22, Article 35 – paragraph 1: The Commission shall by [OP: Please insert a date: five 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 determine on the basis of the report whether it is necessary to submit a legislative proposal for the amendment of this Directive or for further legal acts in this area.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 22, Article 35 – paragraph 1 a (new): In any event, as soon as the IMO has adopted a carbon intensity indicator (CII), the Commission shall adopt a delegated act, in accordance with Article 30b, in order to amend Annex I and Annex II of this Directive by including the carbon intensity indicator adopted by the IMO among the environmental parameters used for the determination of a ship risk profile of a ship under this Directive.

RemovedDirective 2009/16/EC

RemovedArticle 1 – paragraph 1 – point 22, Article 35 – paragraph 1 b (new): By ... [date five years from the date of entry into force of this amending Directive], the Commission shall by submit a report to the European Parliament and the Council on the progress by Member States on the ratification of international agreements containing obligations related to fisheries as well as assessing how these obligations should be transposed into Union law and, where appropriate, present a legislative proposal to this effect.

RemovedDirective 2009/16/EC

RemovedAnnex I – point I – point g – subpoint i, Annex I: deleted

RemovedDirective 2009/16/EC

RemovedAnnex I – point I – subparagraph g – subpoint iia (new), Annex I: (iia) Ships which do not have a valid inventory of hazardous substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention shall be considered a higher risk

RemovedDirective 2009/16/EC

RemovedDirective 2009/16/EC

RemovedDirective 2009/16/EC

RemovedAnnex III – Part A – point 54 a (new), Annex III: 54a. Valid inventory of hazardous substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention

RemovedThe 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.

RemovedThe Rapporteur focused her draft report on a few elements, which require in her view some adjustments.

Removed1) Better consideration of the European Green Deal

RemovedMs. 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.

RemovedTherefore, 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.

RemovedIn 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.

Removed2) Introduction of voluntary Port State controls on fishing vessels over 24 meters

RemovedThe 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.

RemovedMs 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.

Removed3) Digitalization and e-certificate

RemovedThe 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

RemovedIn 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.

Removed4) Seafarers welfare

RemovedThe 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.

RemovedThe 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

RemovedFinally, 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.