Activities of Ignazio CORRAO related to 2023/0165(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control
Amendments (33)
Amendment 18 #
Proposal for a directive
Recital 5
Recital 5
(5) To allow for an up to date and harmonised system of port State control it is necessary to have a swifter way to update the list of international conventions enforced by port State control without a need for amending the whole Directive. Therefore once an relevant international Convention has entered into force – meaning that it has reached an agreed level of ratification - and following its adoption by the Members of the Paris MoU as a relevant instrument the list of Conventions in the Directive should be updated by the Commission.
Amendment 19 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Hong Kong International Convention for the safe and environmentally sound recycling of ships (Hong Kong Convention), an international Convention developed at IMO, aims to ensure that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risk to human health and safety or to the environment. While the Convention has not yet entered into force its essential elements have been incorporated into EU law and given effect in Regulation (EU) 1257/20133a. As regards ships calling to EU ports, enforcement of this Regulation should be provided for by this Directive, particularly as the Hong Kong Convention will now enter into force as of 26 June 2025. Being that Regulation (EU) 1257/2013 already incorporates all of the requirements of the Hong Kong Convention, and Port State Control is already mandated by Regulation (EU) 1257/2013 article 11, there are no expected additional administrative requirements for Member States and existing PSC inspections. __________________ 3a REGULATION (EU) No 1257/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC
Amendment 20 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5 b) A mandatory system of port state control is also proposed in order to act in advance of the the HNS Convention entering into force. This is an international Convention that concerns compensation for spills of hazardous and noxious substance during maritime transportation. The Commission should develop a system of port state control as a matter of urgency. This is not expected to offer any significant additional burdens on Member States as the necessary paper checks would add only as much as 5 minutes to existing PSC inspections. These mandatory systems should be promoted as it will help Member States and shippers prepare for the entry into force of the instrument. The Commission should also align relevant Union legal acts accordingly, and as early as possible after the entry into force of the HNS Convention. The mandatory port state control enforcement regimes to be introduced in the Union after the entry into force of the HNS Convention should take account of, or indeed adapt as appropriate, the mandatory system for the port State control referred to in this Directive.
Amendment 22 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 27 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) The discharge of waste water from exhaust gas cleaning systems (EGCS), in particular open loop EGCS or otherwise known as open-loop scrubbers, can have disastrous environmental effects. The waste water discharged can be contaminated with polycyclic aromatic hydrocarbons, particulate matter, nitrates, nitrites, and heavy metals, and often the washwater is more acidic than the water into which it is dumped. These pollutants have been linked to cancer and reproductive dysfunction in marine mammals along with longer-term effects on bioaccumulation, acidification and eutrophication of pollutants. Due in part to these problems, 17 EU member States have already legislated in order to ban or restrict discharges of scrubber wastes into their waters and more are expected to do so. Member States should therefore refuse access to vessels that cannot ensure against the discharge of wastewater from exhaust gas cleaning systems within their ports or territorial waters.
Amendment 34 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) EU Port state control authorities must play an important role in ensuring that the fuels used by ships are in compliance with both EU and international instruments and where relevant should impose additional checks due to critical envionmental or social issues arising, in particular where international agreements lack obligatory provisions. Here, the Commission should explore the extent to which PSC could be used as a vehicle to ensure better compliance with such instruments, at both EU and international level, concering the use of fuels both outside and inside of EU waters. For instance, Resolution MEPC.342(77) on Protecting the Arctic from Shipping Black Carbon emissions urges countries and ship operators to use clean fuels whilst operating in Arctic waters. Ensuring compliance however would rely most likely on regional entities to carry out checks and inspections and thus PSC should be further explored as a tool for the EU to use in ensuring compliance.
Amendment 36 #
Proposal for a directive
Recital 19
Recital 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 [tenfour years after its date of application referred to in Article XX)] and report to the European Parliament and the Council thereon every 4 years. Member States should cooperate with the Commission to gather all information necessary for this evaluation.
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – introductory part
Article 1 – paragraph 1 – point 1 – point a – introductory part
(a) in point 1 the following points (i), (m) and (ma) are added:
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2009/16/EC
Article 2, point ma (new)
Article 2, point ma (new)
(m a) The Hong Kong International Convention for the safe and environmentally sound recycling of ships (Hong Kong Convention)
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2009/16/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Fishing vessels below 124 meters overall, warships, naval auxiliaries, wooden ships of a primitive build, and government ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive.
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2009/16/EC
Article 3 – paragraph 4a
Article 3 – paragraph 4a
4a. In advance of the entry into force of the Cape Town Agreement, Member States mayshall carry out port state control inspections of fishing vessels of above 124 metres length overall. The Commission shall adopt implementing acts establishing the modalities of such a specific port state control regime for fishing vessels above 124 meters length overall. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2009/16/EC
Article 3 – paragraph 4aa (new)
Article 3 – paragraph 4aa (new)
4a a. In advance of the entry into force of the HNS Convention, Member States shall carry out port state control inspections of all relevant vessels. The Commission shall adopt implementing acts establishing the modalities of such a specific port state control regime for such vessels. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2)
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/16/EC
Article 6, paragraph 1
Article 6, paragraph 1
A Member State which fails to carry out the inspections required in Article 5(2)(a), complies with its commitment in accordance with that provision if such missed inspections do not exceed 105 % of the total number of Priority I ships calling at its ports and anchorages, irrespective of their risk profile.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/16/EC
Article 8, paragraph 1, sub paragraph a
Article 8, paragraph 1, sub paragraph a
(a) if the inspection may beis carried out at the next call of the ship in the same Member State, provided that the ship does not call at any other port in the Union or the Paris MOU region in between and the postponement is not more than 15 days; or
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/16/EC
Article 8, paragraph 1, sub paragraph b
Article 8, paragraph 1, sub paragraph b
(b) if the inspection may beis carried out in another port of call within the Community or the Paris MOU region within 15 days, provided the State in which such port of call is located has agreed in advance to perform the inspection.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/16/EC
Article 8, paragraph 1, sub paragraph ba
Article 8, paragraph 1, sub paragraph ba
(b a) if the expected inspection fails to be carried out, as detailed in sub paragraphs a or b, then the postponed inspection as specified in paragraph 1 shall be counted towards the inspection share referred to in article 5(2)
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2009/16/EC
Article 10(2), point c
Article 10(2), point c
Environmental parameters shall be based on the Carbon Intensity Indicator of the ship and, 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.
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2009/16/EC
Article 16, paragraph 1, 3rd indent
Article 16, paragraph 1, 3rd indent
– attains a rating of less than ‘A’ from the International Maritime Organization’s Carbon Intensity Indicator
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2009/16/EC
Article 16, paragraph 1, 4th indent
Article 16, paragraph 1, 4th indent
– cannot ensure that the discharge of wastewater from exhaust gas cleaning systems will be prohibited within the port of the Member State or the Member State’s territorial waters.
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2009/16/EC
Article 22, paragraph 7
Article 22, paragraph 7
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 practice across the Union, reporting to the European Parliament and the EU Council every 2 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.
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2009/16/EC
Article 22, paragraph 7, subparagraph 1
Article 22, paragraph 7, subparagraph 1
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 onboard ships calling at Union ports for both seafarers and dock workers, with a special focus on female workers.
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
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.
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Directive 2009/16/EC
Article 27, paragraph 1
Article 27, paragraph 1
(17 a) paragraph 1 is replaced by the following: The Commission shall establish and publish yearly on a public website information relating to companies whose performance, in view of determining the ship risk profile referred to in Annex I Part I, has been considered as low and very low for a period of three months or more. This list shall include the names, company ownership and CII ratings of all ships calling at Union ports that do not attain a rating of ‘A’ in the IMO’s CII rating.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2009/16/EC
Article 30, paragraph 1
Article 30, paragraph 1
In order to ensure the effective implementation of this Directive and to monitor the overall functioning of the Union’s port State control regime in accordance with Article 2(b) point (i) of Regulation (EC) No 1406/2002, the Commission shall collect the necessary information and carry out visits, including ad-hoc and unannounced visits, to Member States.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2009/16/EC
Article 30a, paragraph 1
Article 30a, paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 30b, to amend Article 2(1) to amend the list of Conventions set out in Article 2(1) once such Conventions have been adopted as a relevant instrument by the Paris MoU, relevant to PSC, have come into force and to amend Annex VI in order to add and/or update the list of procedures and guidelines relating to port State control adopted by the Paris MOU set out in that Annex.
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2009/16/EC
Article 35, paragraph 1
Article 35, paragraph 1
The Commission shall by [OP: Please insert a date: tenfour years from the date of entry into force of this amending Directive] and every four years thereafter submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
2009/16/EC
Article 35
Article 35
The Commission shall determine on the basis of the report whether it is necessary to propose amending the Directive or further legislation in this area.
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
2009/16/EC
Article 35, paragraph 2 (new)
Article 35, paragraph 2 (new)
When producing the report mentioned in paragraph 1 of this Article, the Commission should explore the extent to which PSC could be used as a vehicle to ensure better compliance with both EU and International instruments where there is a pressing environmental or social issue that needs additional attention. In particular, it should assess the role of PSC in ensuring compliance with EU legislation or international agreements that set out emission reduction targets, requirements on the use of certain fuels both inside and outside of EU waters, and on social standards.
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP: Please insert a date: onine yearmonths from the date of entry into force of this amending Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 100 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I, point I, sub paragraph g, sub point iia
Annex I, point I, sub paragraph g, sub point iia
(ii a) 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
Amendment 107 #
Proposal for a directive
Annex III
Annex III
Directive 2009/16/EC
Annex IV, point 54a
Annex IV, point 54a
54 a. FuelEU document issued under Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC
Amendment 108 #
Proposal for a directive
Annex III
Annex III
Directive 2009/16/EC
Annex IV, point 54b
Annex IV, point 54b
54 b. Valid inventory of hazardous substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention
Amendment 117 #
Proposal for a directive
Annex II
Annex II
Directive 2009/16/EC
Annex 2– table
Annex 2– table
DESIGN OF SHIP RISK PROFILE (referred to in Article 10(2)) n Profile h Standard Risk Low Risk Ship e High Risk Ship (HRS) i Ship (SRS) t(LRS) ProfileWeighting Generic parameters Criteri Standard Risk Low Risk Ship Criteria Criteria High Risk Ship (HRS) points Ship (SRS) (LRS) a 1 Type of ship WeightingChemical 1 Generic parameters Criteri Criteria CriteriaAll types pointtankship Gas a 1 Type of ship carrier Chemical Oil tankship 1 All types Bulk carrier tankship Gas Passenger ship 2 Age of ship carrier Oil tankshipall types > 12 y 1 Bulk carrierAll ages 3a Low performance Passenger ship 2 Age of ship all types > 12 y 1 All ages 3a Low performance 2 High performance Flag 3b All IMO instruments listed in - - Yes Article 2 ratified 3c E-Certificate Statutory certificates are transmitted digitally to the information system 4a H - - High Performance organisation M - - - Recognised L Low 1 - VL Very Low - 4b EU recognised - - Yes 5 H - - High Performance Company M - - - L Low 2 - VL Very low - Historical parameters 6 Number of deficiencies >6 in one of the - ≤ 5 in every recorded in each inspection inspections individual w h g h k n o o e a a s r r r r i i l i within previous 36 months inspection (and at least Deficiencies one inspection carried out in previous 36 months) 7 Number of detentions ≥ 2 detentions 1 No detention within previous 36 months Detentions Environmental parameters 8 Carbon Intensity Indicator D-E 1 (CII) Rating 9 Number of deficiencies >3 in one of the 1 Deficiencies related to MARPOL, AFS, inspections BWM, CLC 92, Bunkers and Nairobi Conventions recorded in each inspection 2 High performance Flag 3b All IMO instruments listed in - - Yes Article 2 ratified 3c E-Certificate Statutory certificates are transmitted digitally to the information system 4a H - - High Performance organisation M - - - Recognised L Low 1 - VL Very Low - neither a high risk nor a low risk ship 4b EU recognised - - Yes 5 H - - High Performance Company M - - - L Low 2 - VL Very low - Historical parameters 6 Number of deficiencies >6 in one of the - ≤ 5 in every recorded in each inspection inspections individual within previous 36 months inspection (and at least Deficiencies one inspection carried out in previous 36 months) 7 Number of detentions ≥ 2 detentions 1 No detention within previous 36 months Detentions Environmental parameters 8 Carbon Intensity Indicator D-E 1 (CII) Rating 8a Ships which do not have a No valid 1 valid inventory of hazardous documentaion substances as detailed in Regulation (EU) No 1257/2013 or in the Hong Kong Convention shall be considered a higher risk 9 Number of deficiencies >3 in one of the 1 Deficiencies related to MARPOL, AFS, inspections BWM, CLC 92, Bunkers and Nairobi Conventions recorded in each inspection within previous 36 months