Activities of Predrag Fred MATIĆ related to 2023/0172(COD)
Shadow opinions (1)
OPINION 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
Amendments (38)
Amendment 4 #
Proposal for a directive
Recital 1
Recital 1
(1) The safety of Union shipping, seafarers and of citizens using it and, along with the well-being of passengers and crew as well as the protection of the environment should be ensured at all times.
Amendment 7 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The welfare of workers in the maritime industry, ensuring fair labour conditions and adequate protection for seafarers should be guaranteed.
Amendment 9 #
Proposal for a directive
Recital 5
Recital 5
(5) At international level, the function of investigating maritime accidents is part of flag State responsibilities,; wherein it is of utmost importance to ensure that accident investigations prioritize accountability and learning to prevent future accidents; while at the Union level it is made independent and regulated by Directive 2009/18/EC of the European Parliament and of the Council29 . This Directive should not affect Directive 2009/18/EC. _________________ 29 Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ L 131, 28.5.2009, p. 114)
Amendment 11 #
Proposal for a directive
Recital 8
Recital 8
(8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical and observational experience of the Member States, including the use of non-exclusive inspectors, via implementing measures.
Amendment 12 #
Proposal for a directive
Recital 9
Recital 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. Continuous training and professional development for seafarers should be ensured as to stay up-to-date with evolving safety and environmental standards.
Amendment 13 #
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 fleetworking conditions and wages of fleet to promote fair labour practices and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations.
Amendment 15 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Transparency in maritime operations should be ensured along with accountability of ship-owners for any violation of safety or environmental regulations.
Amendment 16 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Relevant authorities should establish mechanisms for whistle-blowers to report safety and environmental violations without fear of retaliation.
Amendment 17 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to discuss flag State matters, including technical, issues and facilitate exchange of expertise and information, a high level group on flag State matters consisting of Member States’ national authorities, flag State experts and inspectors, as well as, aswhere appropriate, experts from the private sector and representatives of maritime workers, should be established.
Amendment 20 #
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 – paragraph 1
Article 3 – paragraph 1
(la) ‘outstanding deficiencies’ include, without limitation, any unresolved or pending issues, violations, or concerns related to ship's safety, environmental compliance, crew qualifications and welfare, documentation, certification, prior flag State findings, the assurance of fair labour conditions, adequate safeguards for seafarers and adherence to the legal framework of the flag State. These deficiencies constitute a comprehensive range of potential issues that possess the capacity to impede the secure operation of the vessel, influence its environmental footprint, affect the well-being of the crew, or contravene established international regulations.
Amendment 21 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/21/EC
Article 4 – paragraph 1
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, notably with regard to seafarers' working conditions and environmental protection. In particular, it shall verify the safety records of the ship using the inspection reports and certificates contained in database referred to in article 6a. It shall, if necessary, consult with the losing flag State in order to establish whetherto address any outstanding deficiencies or safety issues identified by the latter remain unresolved. This collaboration shall aim to ensure that any outstanding deficiencies or safety concerns are fully resolved before the ship operates.
Amendment 22 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(a) prohibiting ships from sailing until such ships can proceed to sea in compliance with international rules and standards; including the conduct of regular safety drills and exercises to ensure the readiness of the crew for emergency situations, and enforcing crew rest hour regulations to prevent fatigue- related accidents;
Amendment 23 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(b) ensuring that ships entitled to fly their flag have been surveyed in accordance with the survey guidelines under the Harmonized System of Survey and Certification (HSSC); and,. This includes conducting environmental audits to assess compliance with regulations related to emissions, ballast water management, and other environmental concerns, going beyond standard safety inspections;
Amendment 24 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(ba) Promoting a safety culture on board by encouraging the reporting of near-misses and unsafe conditions, as well as the continuous improvement of safety practices;
Amendment 25 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(bb) Collaborating with other flag States and international bodies to conduct joint inspections, share information, and harmonize enforcement efforts to ensure the effective enforcement of international rules and standards;
Amendment 26 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(c) carrying out supplementary flag State inspections of ships to verify that the actual condition and working conditions of the ship is in conformity with the certificates it carries. These inspections should also encompass crew training and welfare, ensuring that crew members receive proper training in safety and environmental procedures, and that their rights and well-being are protected in accordance with the Maritime Labour Convention, 2006 (MLC 2006);
Amendment 27 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(ca) Utilizing advanced monitoring technology, such as satellite tracking and remote sensors, to track a ship's activities and compliance with regulations in real- time;
Amendment 28 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(cb) Requiring ships to submit regular reports on safety and environmental compliance and making these reports accessible to relevant authorities for review, thereby enhancing reporting and transparency.
Amendment 31 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(ga) Information related to the ship's environmental performance, such as emissions data (e.g., greenhouse gas emissions, sulphur oxide emissions) and data on the management of ballast water and other potentially polluting substances;
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gb) Details about the ship's crew, including their qualifications, certifications, and rest hours, to ensure compliance with labour and safety regulations;
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gc) Reporting of any accidents, incidents, or near-misses, along with the actions taken to address them, contributing to a proactive safety culture;
Amendment 34 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gd) Information on the type, quantity, and handling of cargo, especially for ships carrying hazardous materials or dangerous goods, to assess compliance with transport and safety regulations;
Amendment 35 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(ge) Data related to the ship's Safety Management System, including records of safety meetings, hazard assessments, and corrective actions taken;
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gf) Data on security measures and compliance with international maritime security codes and conventions, particularly relevant in today's security- conscious environment;
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gg) Information on technological upgrades, equipment maintenance, and safety-related modifications made to the ship;
Amendment 38 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gh) Records related to the welfare and living conditions of seafarers, including records of crew complaints or concerns;
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gi) The ability for Member States to verify the authenticity and validity of certificates and documentation presented by the ship, helping to combat fraud and ensure compliance;
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gj) Reporting on sustainability practices, such as fuel consumption, energy efficiency measures, and environmental impact reduction efforts, aligning with global sustainability goals.
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(ja) Develop recommendations and guidelines for flag State inspections and procedures that prioritize the protection of workers' rights and safety on ships, including the involvement of workers' representatives in safety inspections;
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jb) Provide recommendations for flag State inspections and procedures that emphasize environmental compliance, ensuring that ships are adhering to international environmental regulations and guidelines;
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jc) Assist in the development of measures to promote social responsibility and compliance with labour standards on ships, including monitoring and reporting on crew welfare, working conditions, and adherence to the Maritime Labour Convention, 2006 (MLC, 2006);
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jd) Encourage flag States to engage with local communities in ports of call to address any social or environmental concerns related to ship operations, promoting positive relationships and responsible maritime practices;
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(je) Advise on the integration of new technologies, such as digital reporting tools and IoT devices, to enhance the effectiveness of flag State inspections and oversight, while also considering data privacy and cybersecurity aspects;
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jf) Establish mechanisms for conflict resolution and dispute resolution related to flag State inspections and procedures, ensuring fair and transparent processes.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(iva) Investments in green and environmentally sustainable technologies, such as the use of cleaner fuels or emission reduction equipment, to demonstrate efforts towards reducing the environmental footprint of the flagged fleet;
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivb) Initiatives and measures taken to promote a safety culture on board ships, including training programs, safety drills, and campaigns to raise awareness among crew members about safety practices;
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivc) Any incidents, accidents, or violations related to safety and pollution prevention requirements, along with actions taken to address them, promoting transparency and accountability;
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivd) Collaboration with other Member States and international bodies to enhance safety and pollution prevention, including joint inspections, information sharing, and participation in international initiatives to improve maritime safety and environmental protection;