Changes from report parliamentary committee draft to plenary report

Directive 2009/16/EC

Change 11

AddedArticle 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.’

Added(02009L0016-20191221)

AddedDirective 2009/16/EC

AddedArticle 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.

Added(02009L0016-20191221)

AddedDirective 2009/16/EC

AddedArticle 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.

AddedDirective 2009/16/EC

Article 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.

Directive 2009/16/EC

Change 12

RemovedArticle 1 – paragraph 1 – point 22, Article 35 – paragraph 1: 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.

AddedArticle 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.’

Added(02009L0016-20191221)

AddedDirective 2009/16/EC

AddedArticle 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.

AddedDirective 2009/16/EC

AddedArticle 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.

AddedDirective 2009/16/EC

AddedArticle 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.

AddedDirective 2009/16/EC

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

AddedDirective 2009/16/EC

AddedAnnex 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

AddedDirective 2009/16/EC

AddedDirective 2009/16/EC

AddedDirective 2009/16/EC

AddedAnnex 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