Activities of Pierre KARLESKIND 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 (37)
Amendment 15 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2009/16/EC of the European Parliament and of the Council25 sets out rules on the system for port State control inspections, whereby eligible ships calling in Union ports are inspected to verify if the competency and the working and living conditions of the crew on board and the condition of the ship and its equipment comply with the requirements of international conventions on the safety of life at sea and on board, on the protection of marine environment and maritime labour. __________________ 25 OJ L 131, 28.5.2009, p. 57
Amendment 16 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) It is important to take into account the onboard working and living conditions of the crew and the training and qualifications of its members, given that health, safety, security and social considerations are closely interlinked and that it is of utmost importance to prevent any damage caused by human factors.
Amendment 17 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) Recalls the commitment of Member States to ratify the 2012 Cape Town Agreement. Therefore calls on Member States that have not yet ratified the agreement to initiate the ratification process as soon as possible. Furthermore, calls on Member States that have already ratified the agreement to implement it.
Amendment 21 #
Proposal for a directive
Recital 6
Recital 6
(6) Due to their small size, most fishing vessels in the EU operate in territorial waters, and are not susceptible to being inspected in foreign ports. This means that in general, only larger fishing vessels above 24 meters in length (which are also the fishing vessels which are most subject to international conventions) are likely to engage in international waters and call at ports different than those in the country where they are registered and therefore be subject to PSC. As the majority of the international conventions applicable to larger fishing vessels are different to those which are currently enforced through port State control and to avoid undesirable spill over effects onto the current port state control system a parallel system of port state control for fishing vessels is being proposed. Nevertheless, the inspection criteria for fishing vessels should be aligned as much as possible with the Cape Town Agreement inspection criteria, as all Member States committed to ratify it and to avoid fragmented practicies across the EU ports.
Amendment 23 #
Proposal for a directive
Recital 7
Recital 7
Amendment 24 #
Proposal for a directive
Recital 11
Recital 11
(11) Over the last decade and despite increases in the number of vessels calling to EU ports including the short sea shipping transport of goods between main ports in the EU Member States and ports situated in geographical Europe or in non- European countries on the Mediterranean and the Black Sea, the safety profile of vessels calling to EU ports has improved considerably. Port State control inspections are being increasingly used to enforce environmental legislation such as in relation to sulphur emissions or the safe and environmental scrapping of ships. The “Fit for 55 package” aims to reduce the EU’s total green-house gas emissions by 55% by 2030, paving the way to climate neutrality by 2050 and maritime transport is expected to contribute to this effort. However, the ship risk profile devised prior to 2009 had different priorities and is not fully adapted to focus the inspection effort on the least environmentally performing vessels. Therefore, new provisions laid down in Directive (EU) 2023/959 (ETS) and Regulation (EU) 2023/1805 (FuelEU Maritime) shall be included in the ship risk profile.
Amendment 30 #
Proposal for a directive
Recital 14
Recital 14
(14) Port State control has been increasing in complexity as new inspection requirements are added, either by EU law or via the International Maritime Organization and International Labour Organization. There is therefore a need to ensure the upskilling and reskilling of the port State control officers and continuously develop their training.
Amendment 33 #
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 35 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) In order to improve the quality of Port State Control inspections of seafarers' working and living conditions on board, Member States are encouraged to create a Memorandum of Understanding between Member States for regular short sea shipping lines. It is important to extend the application of these standards to all vessels regardless of their flag to promote the principle of most favourable treatment.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2009/16
Article 2 – paragraph 1 – mb (new)
Article 2 – paragraph 1 – mb (new)
(m a) The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (The Hong Kong Convention)
Amendment 42 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2009/16
Article 2 – paragraph 1a (new)
Article 2 – paragraph 1a (new)
(a a) the following paragraph is inserted: 1a. MEPC80 (IMO standards) revised guidelines for the reduction of underwater noise from commercial shipping to address adverse impacts on marine life
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a b (new)
Article 1 – paragraph 1 – point 1 – point a b (new)
Directive 2009/16
Article 2 – paragraph 25a (new)
Article 2 – paragraph 25a (new)
(a b) the following paragraph is inserted: 25a ‘host State’ means a Member State to or from whose port(s) a ship or craft, flying a flag other than the flag of that Member State, is carrying out a short sea shipping voyage;
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
(b a) 'short sea shipping' means the maritime transport of goods and passengers over relatively short distances, between ports in the EU, between ports in the EU and ports situated in EEA maritime candidate countries, the Baltic Sea area, the Mediterranean Sea area, the Black Sea area and ports of the United Kingdom.
Amendment 50 #
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. Member States mayshall carry out port state control inspections of fishing vessels of above 24 metres length overall. The Commission shall adopt implementing acts establishing the modalities of such a specific port state control regime for fishing vessels above 24 meters length overall. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2009/16/EC
Article 10 – paragraph 2 – point c
Article 10 – paragraph 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 in accordance with Annex I, Part I.3 and Annex II and if a ship and the corresponding company has received any penalties laid down in Directive (EU) 2023/959 (ETS) and Regulation (EU) 2023/1805 (FuelEU Maritime).
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2009/16/EC
Article 10 – paragraph 2 – point d (new)
Article 10 – paragraph 2 – point d (new)
(c a) (d) seafarers working and living conditions parameters These parameters shall be based on Maritime labour documents in Annex III PART A from 59 to 63.
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
(9 a) "(a) checks the certificates and documents listed in Annex IV required to be kept on board in accordance with Community maritime legislation and Conventions relating to safety and security. , security, seafarers working and living conditions, records of ship strike between cetaceans and vessels and records of container loss. " Or. en (Directive 2009/16/EC)
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/16/EC
Article 11 – paragraph 4a (new)
Article 11 – paragraph 4a (new)
4 a. Member States shall carry out an inspection in accordance with Annex II of Directive (EU) 2017/21101a each time the ro-ro passenger ship or high-speed passenger craft undergoes repairs, alterations and modifications of a major character, or when there is a change of management, a significant crew turnover or a transfer of class. __________________ 1a Directive (EU) 2017/2110 on a system of inspections for the safe operation of ro- ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2009/16
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2006/16/EC
Article 16 – paragraph 1a (new)
Article 16 – paragraph 1a (new)
1a. A Member State may refuse access to ports and anchorages under its jurisdiction to any ship that fails to comply with article 14a and working conditions requirements set at national level.
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/16/EC
Article 18
Article 18
(12 a) "All complaints shall be subject to a rapid initial assessment by the competent authority. This assessment shall make it possible to determine whether a complaint is justified. Should that be the case, the competent authority shall take the necessary action on the complaint, in particular, ensuring that anyone directly concerned by that complaint can make their views known. Where the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons therefor. The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers, including ensuring confidentiality during any interviews of seafarers. Member States shall inform the flag State administration, with a copy to the International Labour Organisation (ILO) if appropriateand European Maritime Safety Agency (EMSA), of complaints not manifestly unfounded and of follow-up actions taken. " Or. en (DIRECTIVE 2009/16/EC)
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2009/16/EC
Article 19 – paragraph 2a
Article 19 – paragraph 2a
(12 b) "2a. In the case of living and working conditions on board which are clearly hazardous to the safety, health or security of seafarers or deficiencies which constitute a serious or repeated breach of MLC 2006 requirements (including seafarers’ rights) including minimum wages, working hours and rest periods, the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained or that the operation in the course of which the deficiencies are revealed is stopped. The detention order or stoppage of an operation shall not be lifted until those deficiencies have been rectified or if the competent authority has accepted a plan of action to rectify those deficiencies and it is satisfied that the plan will be implemented in an expeditious manner. Prior to accepting a plan of action, the inspector may consult the flag State. The detention order or stoppage and all data concerning working and living conditions of seafarers mentioned in 5.1.3 MLC 2006 shall be sent to EMSA and shall be made public by the port State that ordered the detention or stoppage. " Or. en (Directive 2009/16/EC)
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2009/16/EC
Article 23
Article 23
(14 a) "Reports from pilots and port authorities 1. Member States shall take appropriate measures to ensure that their pilots engaged on the berthing or unberthing of ships or engaged on ships bound for a port or in transit within a Member State immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are apparent anomalies which may prejudice the safe navigation of the ship, or safety of seafarers on board or which may pose a threat of harm to the marine environment. 2. If port authorities or bodies, in the course of their normal duties, learn that a ship within their port has apparent anomalies which may prejudice the safety of the ship or seafarers on board or poses an unreasonable threat of harm to the marine environment, such authority or body shall immediately inform the competent authority of the port State concerned. 3. Member States shall require pilots and port authorities or bodies to report at least the following information, in electronic format whenever possible: — ship information (name, IMO identification number, call sign and flag), — sailing information (last port of call, port of destination), — description of apparent anomalies found on board. 4. Member States shall ensure that proper follow-up action is taken on apparent anomalies notified by pilots and port authorities or bodies and shall record the details of action taken. 5. Implementing powers shall be conferred on the Commission to adopt measures for the implementation of this Article, including harmonised procedures for the reporting of apparent anomalies by pilots and port authorities or bodies and of follow-up actions taken by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3). " Or. en (Directive 2009/16/EC)
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/16/EC
Article 25 – paragraph 1a (new)
Article 25 – paragraph 1a (new)
Member States shall establish a system to monitor ship strikes with cetaceans. The Commission shall take measures to ensure that ship strikes to cetaceans are reported under the European Marine Casualty Information Platform.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/16/EC
Article 25 – paragraph 1b (new)
Article 25 – paragraph 1b (new)
In order to be able to tackle the problem of ocean container pollution more effectively at European level, the new reporting obligations to IMO under chapter 5 of the International Convention for the Safety of Life at Sea (SOLAS) should not remain limited to IMO level. Member States should also report on this issue to the European Commission and EMSA on a yearly basis. For each loss, the reporting should include the route of the vessel, as well as the cause and the location of the loss if they are known. Respectively EMSA shall update the data in the European Marine Casualty Information Platform.
Amendment 86 #
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
Article 27
(17 a) Article 27 is replaced by the following: "Article 27 Publication of a list of companies with a low and very low performance The Commission shall establish and publish regularly 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 name of the company, CII ratings, FuelEU Maritime penalties, container loss, ship strike with cetaceans and general working conditions as detailed in MLC 2006. Implementing powers shall be conferred on the Commission to establish the detailed arrangements for publication of the information referred to in the first paragraph, the criteria for aggregating the relevant data and the frequency of updates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3). " Or. en (Directive 2009/16/EC)
Amendment 101 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
(ii a) FuelEU document of compliance and FuelEU penalties as detailed in article 22 and article 23 of Regulation (EU) 2023/1805 (FuelEU Maritime)
Amendment 102 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
(ii b) ETS penalties as detailed in directive (EU) 2023/959 ETS
Amendment 103 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
(ii c) ships that have lost containers at sea
Amendment 104 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
(g a) Seafarers living and working conditions onboard (i).Records of hours of work or rest of seafarers (ILO Convention No.180 part II art. 8.1 or MLC, 2006, Standard A.2.3.12); (ii).Maritime Labour Certificate (MLC, 2006, Regulation 5.1.3); (iii).Declaration of Maritime Labour Certificate (MLC, 2006, Regulation 5.1.3); (iv).Declaration of Maritime Labour compliance (DMLC) on board (parts I and II) (MLC, 2006, Regulation 5.1.3); (v).Seafarer's employment agreements (MLC, 2006, Standard A 2.1);
Amendment 106 #
Proposal for a directive
Annex III
Annex III
Directive 2009/16/EC
Annex III – PART A LIST OF CERTIFICATES AND DOCUMENTS
Annex III – PART A LIST OF CERTIFICATES AND DOCUMENTS
Amendment 109 #
Proposal for a directive
Annex III
Annex III
Directive 2009/16/EC
Annex IV
Annex IV
47 a. Ship strikes to cetaceans, reported under the European Marine Casualty Information Platform
Amendment 110 #
Proposal for a directive
Annex III
Annex III
Directive 2009/16/EC
Annex IV
Annex IV
47 b. Container loss report as requested in article 25 of this directive and in Ship- source pollution directive under the European Marine Casualty Information Platform
Amendment 111 #
Proposal for a directive
Annex V a (new)
Annex V a (new)
Directive 2009/16/EC
Annex XIII
Annex XIII
Annex XIII is replaced by the following: "ANNEX XIII PUBLICATION OF INFORMATION RELATED TO INSPECTIONS, DETENTIONS AND REFUSALS OF ACCESS IN PORTS AND ANCHORAGES OF MEMBER STATES (referred to in Article 26) 1. Information published in accordance with Article 26 must include the following: (a) name of the ship; (b) IMO identification number; (c) type of ship; (d) tonnage (gt); (e) year of construction as determined on the basis of the date indicated in the ship’s safety certificates; (f) name and address of the company of the ship; (g) in the case of ships carrying liquid or solid cargoes in bulk, the name and address of the charterer responsible for the selection of the ship and the type of charter; (h) flag State; (i) classification and statutory certificates issued in accordance with the relevant Conventions, and the authority or organisation that issued each one of the certificates in question, including the date of issue and expiry; (j) port and date of the last intermediate or annual survey for the certificates in point (i) above and the name of the authority or organisation which carried out the survey; (k) date, country, port of detention. (l) Maritime labour certificate and declaration of maritime labour compliance 2. For ships which have been detained, information published in accordance with Article 26 must also include: (a) number of detentions during the previous 36 months; (b) date when the detention was lifted; (c) duration of detention, in days; (d) the reasons for detention, in clear and explicit terms; (e) indication, where relevant, of whether the recognised organisation that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention; (f) description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard; (g) if the ship has been refused access to any port or anchorage within the CommunityEU, the reasons for the measure in clear and explicit terms. " Or. en (Directive 2009/16/EC)
Amendment 112 #
Proposal for a directive
Annex V b (new)
Annex V b (new)
2009/16/EC
Annex IX
Annex IX
Annex IX is replaced by the following: "ANNEX IX INSPECTION REPORT(referred to in Article 17) The inspection report must contain at least the following items. I. General 1.Competent authority that wrote the report 2.Date and place of inspection 3.Name of the ship inspected 4.Flag 5.Type of ship (as indicated in the Safety Management Certificate) 6.IMO identification number 7.Call sign 8.Tonnage (gt) 9.Deadweight tonnage (where relevant) 10.Year of construction as determined on the basis of the date indicated in the ship’s safety certificates 11.The classification society or classification societies as well as any other organisation, where relevant, which has/have issued to this ship the classification certificates, if any 12.The recognised organisation or recognised organisations and/or any other party which has/have issued to this ship certificates in accordance with the applicable Conventions on behalf of the flag State 13.Name and address of the ship’s company or the operator 14.Name and address of the charterer responsible for the selection of the ship and type of charter in the case of ships carrying liquid or solid cargoes in bulk 15.Final date of writing the inspection report 16.Indication that detailed information on an inspection or a detention may be subject to publication. II. Information relating to inspection 1.Certificates issued in application of the relevant Conventions, authority or organisation that issued the certificate(s) in question, including the date of issue and expiry 1a Records of rest hours and table specifying on-board work organization 2.Parts or elements of the ship that were inspected (in the case of more detailed or expanded inspection) 3.Port and date of the last intermediate or annual or renewal survey and the name of the organisation which carried out the survey 4.Type of inspection (inspection, more detailed inspection, expanded inspection) 5.Nature of the deficiencies 6.Measures taken. III. Additional information in the event of detention 1.Date of detention order 2.Date of lifting the detention order 3.Nature of the deficiencies warranting the detention order (references to Conventions, if relevant) 4.Indication, where relevant, of whether the recognised organisation or any other private body that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention 5.Measures taken. " Or. en (2009/16/EC)
Amendment 116 #
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)) nProfile hStandard Risk Low Risk Ship eHigh Risk Ship (HRS) i Ship (SRS) (LRS) t Weighting Profile Generic parameters Criteri Standard Risk Low Risk Ship High Risk Ship (HRS) Criteria Criteria Ship (SRS)points (LRS) a 1 Type of ship Chemical Weighting 1 Generic parameters Criteri Criteria Criteria All types pointtankship Gas a carrier 1 Type of ship Chemical 1 Oil tankship All types Bulk carrier tankship Gas Passenger ship 2 carrierAge of ship Oil tankshipall types > 12 y 1 Bulk carrier All ages 3a Passenger shipLow performance 2 Age of ship 2 all types > 12 y 1 All ages 3a Low performance High 2 High performance Flag 3b All IMO instruments listed in - -- - Yes Article 2 ratified 3c 3c E-Certificate Statutory certificates are transmitted digitally to the information system 4a H H - - High Performance organisation - M High - Performance - - Recognisedorganisation LM Low- - 1 - VL - Very Low Recognised - 4b EU recognisedL Low - 1 - Yes 5 H - - - High VL Very Low Performance Company M - - - - L Low neither a high risk nor a low risk ship 2 -4b EU recognised VL - Very low- - Historical parameters 6 Number of deficiencies Yes 5 >6 in one of the - ≤ 5 in every recorded in each inspection H - inspections individual - High Performance w Company M - h - - g L Low 2 h - k VL Very low n - Historical parameters 6 Number of deficiencies o >6 in one of the - o≤ 5 in every recorded in each inspection inspections e individual within previous 36 months a inspection a s (and at least r Deficiencies r one r r inspection i i carried out in l i within previous 36 monthprevious inspection (and at least 36 months) 7 Number of detentions Deficiencies≥ 2 detentions 1 No detention within previous 36 months one Detentions Environmental parameters 8 Carbon Intensity Indicator inspectionD-E 1 (CII) Rating 9 carried out in Number of deficiencies >3 in one of the 1 Deficiencies previous lated to MARPOL, AFS, inspections BWM, CLC 92, Bunkers and Nairobi Conventions recorded in each inspection within previous 36 months) 710 Number of detentions ≥ 2 detentions 1 No detention within previous 36 monthspenalties laid down in >1 penalties over 1 Directive (EU) 2023/959 the three past Detentions Environmental paramete(ETS) and Regulation (EU) years 8 Carbon Intensity Indicator D-E penalties 1 2023/1805 (FuelEU (CII) Maritime). 11 Ships that have lost Rating > 1 container loss 1 9 Number of deficiencies containers at sea >3 in one of the 1in the 3 past years loss Deficiencies seafarers working and living coditions parameters 12 related to MARPOL, AFS,Number of defficiencies inspections> 1 deficiencies 1 BWM, CLC 92, Bunkers and Nairobi Conventions recorded in each inspection within previous 36 month related to MLC 2006 deficiencies