Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

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,

Changed– having regard to the opinion of the European Economic and Social Committee of […],20 September 2023,

Change 1

Changed– having regard to the opinionafter ofconsulting the Committee of the Regions of […],Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Fisheries,

Changed– having regard to the report of the Committee on Transport and Tourism (A90000/2023),(A9-0418/2023),

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.

Change 2

RemovedRecital 8: (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.

AddedRecital 1 a (new): (1a) It is important to take into account the on-board working and living conditions of the crew and the training and qualifications of crew members, in line with Directive 2013/54/EU of the European Parliament and of the Council1a, given that health, safety, security and the human factor are closely interlinked and that it is of utmost importance to prevent any damage caused by human error. / 1a 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 9: (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.

AddedRecital 7 a (new): (7a) To ensure the effectiveness of this Directive, every EU flag State should carry out its fair share of inspections, commensurate with the size and type of its fleet. A yearly minimum inspection quota of at least 30 % of ships flying its flag for every Member State should therefore be set.

RemovedRecital 11: (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.

AddedRecital 9: (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 ... [three years from the date of entry into force of this amending Directive], at the latest.

RemovedRecital 14 a (new): (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.

AddedRecital 11: (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. In accordance with Article 91(1) of UNCLOS, there must be a genuine link between a vessel and its flag State. In order to proceed with the correct analysis of the reflagging of vessels and the use of open registries, the Commission should facilitate the task of Member States in determining the existence of such a link by developing guidelines. Those guidelines should set out what constitutes a genuine link and its consequences. In drawing up those guidelines, the Commission should take into account the recommendation of the High Level Group on flag State matters and input from stakeholders, including those from the private sector, civil society and academia. Shipowners are obliged to pay social security contributions under the law of the State of the flag that they are flying, unless the employee pays them in accordance with the law of the State in which they reside. Those rules can have undesirable consequences when they are used to avoid high contribution levels.

RemovedRecital 15 a (new): (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.

AddedRecital 14: (14) The Commission and the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council31 , should be invited and involved as observer by the auditee Member State as flag State for the purpose of ensuring consistency between IMO audit and Commission assessments, executed by EMSA to check the implementation of Union maritime safety legislation via its visit and inspection scheme, on behalf of the Commission.

RemovedRecital 16: (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.

AddedRecital 14 a (new): (14a) The involvement of the Commission and EMSA in the audits should make the auditing process more effective and comprehensive. It should also facilitate the introduction and implementation of simplified procedures, including incentives for compliance with environmental, social, public health and labour law standards and standards ensuring the safety on board ships calling at Union ports of seafarers, as well as possibilities for effective, proportionate and dissuasive sanctions, taking into account environmental, public health, tax and social law.

RemovedRecital 18: (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’.

AddedRecital 15 a (new): (15a) In coordination with the International Labour Organisation (ILO), the Commission and Member States 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 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.

RemovedRecital 21: (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.

AddedRecital 16 a (new): (16a) The Commission should issue a transparency report based on information from the mandatory database, which is accessible to all Member States.

AddedRecital 21: (21) The European Maritime Safety Agency (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 fully cover the obligations of Member States as set out in the MLC 2006. EMSA should facilitate coordination and exchange of information and good practices between flag State administrations.

Directive 2009/21/EC

Change 3

ChangedArticle 1 – paragraph 1 – point 3,-1 (new), Article 4a1 – paragraph 3: 3. Member States1: shall(-1) ensureIn thatArticle any1, deficienciesparagraph confirmed1 oris revealedreplaced by an inspection carriedthe outfollowing: in/ accordance‘1. withThe paragraphpurpose 2(c)of arethis rectified.Directive Inis: particular,/ inspections(b) shallto focusenhance onsafety, theincluding safety onboard, and environmentalto performanceprevent ofpollution allfrom 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.State.’

Directive 2009/21/EC

Change 4

RemovedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 1 – introductory part: 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:

AddedArticle 1 – paragraph 1 – point 2, Article 4 – paragraph 1: 1. Prior to allowing a ship to operate, which has been granted the right to fly its flag, the Member State concerned shall ensure that the ship in question complies with the applicable international rules and regulations. In particular, it shall carry out on-board inspections and verify both the safety records of the ship and documentation the purpose of which is to ensure that the ship meets international environmental and social standards, using the inspection reports and certificates contained in the inspection database referred to in article 6a. It shall also verify that the operation of the ship complies with international environmental and labour conventions, that it is in line with Directive 2013/54/EU, and that the crew is trained in accordance with Directive 2022/993 of the European Parliament and of the Council1a . It shall, if necessary, consult with the losing flag State in order to establish whether any outstanding deficiencies or safety issues identified by the latter remain unresolved. / 1a Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of training of seafarers (OJ L 169, 27.6.2022, p. 45).

Directive 2009/21/EC

Change 5

RemovedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 2: 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.

AddedArticle 1 – paragraph 1 – point 3, Article 4a – paragraph 3: 3. Member States shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with paragraph 2(c) are rectified and all necessary corrective measures addressing time-critical safety and environmental concerns are taken before the ship proceeds to sea. Inspections shall focus in particular 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 in line with Directive 2013/54/EU of the European Parliament and of the Council.

Directive 2009/21/EC

Change 6

RemovedArticle 1 – paragraph 1 – point 6, Article 6a – paragraph 3: 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.

AddedArticle 1 – paragraph 1 – point 3, Article 4b – paragraph 4: 4. In order to ensure harmonisation of the supplementary flag State inspections referred to in Article 4a(2) point (c), the Commission, after consulting the high level group on flag State matters referred to in Article 9a(1), shall adopt implementing acts to define the uniform measures to determine the minimum requirements for the implementation of the obligations provided for by paragraph 1. These minimum requirements shall in particular include a yearly minimum inspection quota of at least 30% of ships flying its flag for every Member State, commensurate with the size and type of its fleet and a qualitative element that takes account of the risk profile of the ship being inspected. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

Directive 2009/21/EC

Change 7

RemovedArticle 1 – paragraph 1 – point 8 – point a, Article 8 – paragraph 1 – subparagraph 3: 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.

AddedArticle 1 – paragraph 1 – point 3, Article 4c – paragraph 2: 2. The Commission, seeking the advice of the high level group on flag State matters referred to in Article 9a(1), shall develop a common capacity building scheme (post-qualification at national level) and keep it updated, considering new technologies and in relation to new or additional obligations arising from the relevant international instruments, for Member States flag State surveyors and inspectors, and paying particular attention to the implementation of Directive 2013/54/EU.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 3, Article 4c – paragraph 2 a (new): 2a. The Commission, with the assistance of EMSA, shall produce a guidance document offering advice on how to implement Directive 2013/54/EU. EMSA shall also provide detailed information about the problems most frequently 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.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 1 – introductory part: 1. Electronic certificates shall be mandatory for all Members States 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:

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 1 – point a a (new): (aa) particulars of shipboard working arrangements and records of seafarers' daily hours of work as defined in Directive 1999/63/CE.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 1 – point e: (e) outcome of the port State control inspections (deficiencies: yes or no; detentions: yes or no; and, if there are deficiencies or detentions, further details as appropriate);

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 1 – point e a (new): (ea) statutory certificates that confirm if any reported deficiencies identified through port State control inspections have been rectified;

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 5, Article 6 – paragraph 2: 2. The information shall be communicated to the inspection database provided for in Article 6a, since the interoperability of databases contributes to a harmonised approach to the reporting and measuring of performance of the fleet that is under the responsibility of the flag State. The master shall also be provided with a copy of the report.

AddedDirective 2009/21/EC