Activities of Johan VAN OVERTVELDT 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 (10)
Amendment 26 #
Proposal for a directive
Recital 12
Recital 12
(12) On this basis, the ship risk profile should be updated to reflect environmental issues by attaching more importance to the environmental performance, including the operational carbon intensity of the ships being inspected as well as to environmental related deficiencies and detentions.
Amendment 29 #
Proposal for a directive
Recital 13
Recital 13
(13) Digitalisation is an essential aspect of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The number of ships currently carrying electronic certificates is on the rise and expected to increase. Therefore the effectiveness of port State control should be enhanced by making more use of electronic certificates to allow for more ship focussed better prepared inspections. The uptake and use of these electronic certificates should be incentivised by their inclusion in the ship risk profile.
Amendment 32 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure uniform conditions for the implementation of the provisions of Directive 2009/16/EC concerning the list of Conventions under its scope, the voluntary port state control regime for fishing vessels above 24 meters length overall, the conditions for the application of Annex VII on expanded inspection, the uniform set of safety and security guidelines and procedures, as well as the requirements for electronic certificates, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28 . __________________ 28 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 47 #
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(4)
Article 3(4)
4. Fishing vessels below 24 meters overall, warships, naval auxiliaries, wooden ships of a primitive build, government ships used for non- commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive.
Amendment 48 #
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(4a)
Article 3(4a)
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(8) Article 9 is deleted;Notification of arrival of ships 1. The operator, agent or master of a ship which, in accordance with article 14, is eligible for an expanded inspection and bound for a port or anchorage of a Member State, shall notify its arrival in accordance with the provisions laid down in Annex III. 2. On receipt of the notificiation referred to in paragraph 1 of this Article and in Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system, the port authority or body or the competent authority or body designated for that purpose shall forward such information to the competent authority. 3. Electronic means shall be used whenever possible for any communication provided for in this Article. 4. The procedures and formats developed by Member States for the purposes of Annex III to this directive shall comply with the relevant provisions laid down in Directive 2002/59/EC regarding ships' notifications
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2009/16/EC
Article 24 (2)
Article 24 (2)
2. Member States shall take the appropriate measures to ensure that the information on the actual time of arrival and the actual time of departure of any ship calling at their ports and anchorages, together with an identifier of the port concerned, is transferred within three hours of the departurearrival and the departure respectively to the inspection database through the Union maritime information exchange system ‘SafeSeaNet’ referred to in Article 3 point (s) of Directive 2002/59/EC. Once they have transferred such information to the inspection database through SafeSeaNet, Member States are exempted from the provision of data in accordance with points 1.2 and 2(a) and (b) of Annex XIV to this Directive.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2009/16/EC
Article 24a (3)
Article 24a (3)
Amendment 98 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16 EC
Annex 1 – point g – point i
Annex 1 – point g – point i
Amendment 115 #
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)) Profile Standard Risk Low Risk Ship High Risk Ship (HRS) Ship (SRS) (LRS) Weighting Generic parameters Criteri Criteria Criteria points a a 1 Type of ship Chemical 1 All types tankship Gas carrier Oil tankship Bulk carrier Passenger ship 2 Age of ship all types > 12 y 1 All ages 3a Low performance 2 2 High performance Flag Flag 3b All IMO instruments listed in - - Yes neither a high risk nor a low risk ship Article 2 ratified 3c E-Certificate Statutory certificates are transmitted digitally to the information system 4a H - - High Performance organisation M M - - - - Recognised L 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 M - - - - L Low 2 - VL Very low - - Historical parameters 6 6 Number of deficiencies >6 in one of the - - ≤ 5 in every recorded in each inspection inspections inspections individual within previous 36 months inspection inspection (and at least Deficiencies one one inspection inspection carried out in previous previous 36 months) 7 7 Number of detentions ≥ 2 detentions 1 1 No detention within previous 36 months Detentions Environmental parameters 8 Carbon Intensity Indicator D-E 1 (CII) RatingDetentions Deleted 9 Number of deficiencies >3 in one of the 1 1 Deficiencies related to MARPOL, AFS, inspections BWM, CLC 92, Bunkers and Nairobi Conventions recorded in each inspection within previous 36 months