Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 6, Article 6a – paragraph 4: 4. Member States shall have access to all the information recorded in the inspection database referred to in paragraph 1 of this Article and the inspection system provided for in Directive 2009/16/EC. Nothing in this Directive shall prevent the sharing of such information between relevant competent authorities within and between Member States, with the Commission and with the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council36.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 6, Article 6a – paragraph 5: 5. Member States shall ensure that shipboard working arrangements and records of seafarers' daily hours of work or of their daily hours of rest, in line with Directive 2013/54/EU, as well as Statutory certificates, referred to in Article 6(1), points (aa) and (b), are transmitted electronically to the inspection database referred to in paragraph 1 of this Article using the functional and technical specifications for a harmonised electronic reporting interface provided for in Article 24a of Directive 2009/16/EC.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 7, Article 7 – paragraph 1: 1. Member States shall take the necessary measures to undergo the IMO audit of their administration at least once every five years, and shall publish the outcome of the audit as well as any corrective actions in the Global Integrated Shipping Information System (GISIS) database set up by the IMO. Member States shall also make the same information available to the public, in accordance with relevant national legislation on confidentiality.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 7, Article 7 – paragraph 2: 2. Member States shall ensure that the Commission and EMSA are allowed to participate as an observer in the IMO auditing process and, that any Audit report and the information on subsequent action taken is immediately made available to the Commission.

AddedDirective 2009/21/EC

AddedArticle 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 cover such verification procedures and shall be continuous, 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.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 9, Article 9: (9) Article 9 is replaced by the following: / ‘Article 9 / Reports and Review / Every five years, and for the first time by [three years from the date of entry into force of this amending Directive] the Commission shall present a report to the European Parliament and to the Council on the application of this Directive. / That report shall contain an assessment of the performance of the Member States as flag States and shall be accompanied, where appropriate, by a legislative proposal for the amendment of this Directive.’

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9a – paragraph 1 – subparagraph 1: The Commission shall establish a high level group on flag State matters for discussing flag State issues and facilitate exchanges of experience between the Member States’ national authorities, flag State experts and inspectors, and all relevant stakeholders from the private sector, civil society and academia.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9a – paragraph 1 – subparagraph 2: The high level group on flag State matters shall be composed of representatives of the Member States and of the Commission and EMSA.

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9a – paragraph 2 – point c: (c) assist the Commission in the development of the technical method for what constitutes appropriate resources, commensurate with the size and type of fleet and the number of inspections to be undertaken, referred to in Article 4b;

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9b – paragraph 1: 1. The Commission shall establish an electronic reporting tool for the purposes of gathering information and data from the Member States in relation to this Directive. Member States shall periodically, and at least once a year, inform the Commission, about:

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9b – paragraph 1 – point a – point iv a (new): (iva) the extent to which the risk profile of ships was taken account of in the surveys, inspections and audits carried out by flag States;

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9b – paragraph 1 – point a – point iv b (new): (ivb) working conditions based on records of seafarers’ daily hours of work and daily hours of rest in line with Directive 2013/54/EU of the European Parliament and of the Council;

AddedDirective 2009/21/EC

AddedArticle 1 – paragraph 1 – point 10, Article 9b – paragraph 1 a (new): 1a. The Commission shall issue an annual report based on the information collected under paragraph 1 of this Article, which shall be published on the official website. After its publication, the Commission shall present the results of that report to the European Parliament and to the Council.