5 Amendments of Henna VIRKKUNEN related to 2023/0172(COD)
Amendment 15 #
Proposal for a directive
Recital 3
Recital 3
(3) To ensure the effectiveness of the IMO Conventions in the Union, given that all Member States have to be party to the IMO Conventions and have to discharge the obligations laid down in those conventions with respect to the ships flying their flag, the mandatory provisions of those Conventions should be incorporated in Union legislation. To this end Member States have to discharge their obligations as flag States effectively and consistently in accordance with IMO Resolution A.1070(28) (adopted on 4 December 2013) on the IMO Instruments Implementation Code (III CODE), which contains the mandatory provisions to be implemented by flag States. The III Code section 22 indicates that a flag State should take all necessary measures to secure observance of international rules and standards by ships entitled to fly its flag and by entities and persons under its jurisdiction so as to ensure compliance with its international obligations. In particular, section 22.2 refers to inspections to verify that the actual condition of the ship and its crew is in conformity with the certificates it carries. Its periodicity should be established by the Member States either with a risk based approach or using its own procedures and instructions, using quantitative or qualitative criteria. The flag State inspections referred to in this Directive should be understood as ensuring compliance with the III Code and not with other EU legislation stemming from IMO Conventions.
Amendment 21 #
Proposal for a directive
Recital 11
Recital 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 administration among Member States.
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2009/21/EC
Article 3 – point k
Article 3 – point k
(k) ‘Supplementary fFlag State inspection’ means an on-boardinspection not leading to certification to verify that the actual condition of the ship and its crew is in conformity with the certificates it carries. When the inspection is not leading to certificacarried out on board it shall ensure the same level of safety and assurance as that of on-site inspections.;
Amendment 41 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a – paragraph 2 – subparagraph c
Article 4a – paragraph 2 – subparagraph c
(c) carrying out supplementary flag State inspections of ships to verify that the actual condition of the ship is in conformity with the certificates it carries. These inspections may be carried out using a risk-based approach, which may include the following criteria: i. records of deficiencies and non- conformities from statutory surveys, audits and verifications performed by the flag state ii. reports of very serious accidents iii. inspection following a detention or prohibition of operation issued by the Port State Control iv. inspection exceeding a Port State Control deficiency ratio established by each Member State v. records deficiencies from inspections carried out according to national legislation as deemed appropriate by each Member State. Member states may depart from the risk based approach and carry out flag state inspections using their own procedures, instructions and relevant information in compliance with the III Code.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/21/EC
Article 6a– paragraph 1
Article 6a– paragraph 1
1. The Commission shall develop, maintain and update an inspec ships information database containing the information specified in Article 6. All Member States shall bemay connected to that database. That database shallmay be based on the inspecships information database referred to in Article 24 of Directive 2009/16/EC and shallmay have similar functionalities to that database.