Activities of Pierre KARLESKIND related to 2023/0172(COD)
Shadow reports (1)
REPORT 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 (16)
Amendment 6 #
Proposal for a directive
Recital 1
Recital 1
(1) The safety of Union shippingmaritime sector and of citizens using it and the protection of the environment should be ensured at all times.
Amendment 14 #
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 the human factor are closely interlinked and that it is of utmost importance to prevent any damage caused by human factors.
Amendment 18 #
Proposal for a directive
Recital 18
Recital 18
(18) An electronic reporting tool for the purposes of further improving the consistent collection of relevant statistics and maritime data and information from Member States, should be established taking into account already existing reporting obligations in other Union acts such as the Regulation (EC) No 1224/2009.
Amendment 26 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) In the absence of a European flag guaranteeing a level playing field, Member States should implement maritime transport services based on free and undistorted competition, and therefore strive to harmonize their specific characteristics especially environmental and social.
Amendment 27 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The Commission should issue a transparency report about all data collected on european flags to interested Member States.
Amendment 29 #
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 2009/21/EC
Article 3 –point d
Article 3 –point d
(a a) point (d) is replaced as follows: (d) ‘certificates’ means statutory certificates issued in respect of the relevant IMO and ILO Conventions;
Amendment 30 #
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 f
Article 3 – point f
(f) ‘Conventions’ means the Conventions, with the Protocols and amendments thereto, and related codes of mandatory status, in their up-to-date version, as defined in Article 2(1) of Directive 2009/16/EC of the European Parliament and of the Council34 , with the exception of the Maritime Labour Convention, 2006 (MLC 2006);. __________________ 34 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).
Amendment 34 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2009/21/EC
Article 1 – paragraph 1 – sub–paragraph (b)
Article 1 – paragraph 1 – sub–paragraph (b)
(1 a) Article 1 - paragraph 1 is replaced as follows: "Article 1 Subject matter 1. The purpose of this Directive is: (a) to ensure that Member States effectively and consistently discharge their obligations as flag States; and (b) to enhance safety and prevent pollution from ships flying the flag of a Member State. and to enhance safety, including safety onboard " Or. en (Directive 2009/21/EC)
Amendment 39 #
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. 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. Member States also ensure that the operating conditions of the ship comply with all the provisions in MLC 2006. It shall, if necessary, consult with the losing flag State in order to establish whether any outstanding deficiencies or safety issues identified by the latter remain unresolved.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/21/EC
Article 4 – paragraph 1a (new)
Article 4 – paragraph 1a (new)
1 a. The Member State shall ensure that a ship is allowed to operate and granted the right to fly the flag only if all provisions layed down in Directive 2022/9931a are respected. __________________ 1a Directive on the minimum level of training of seafarers
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6 paragraph 1 – point (aa) (new)
Article 6 paragraph 1 – point (aa) (new)
(a a) shipboard working arrangements and records of seafarers' daily hours of work as defined in directive 1999/63/CE1a. __________________ 1a Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers ( paragraph 7 of clause 5 and paragraph 1 of clause 8 of annex 1)
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/21/EC
Article 6a– paragraph 5
Article 6a– paragraph 5
5. Member States shall ensure that Statutory certificates, shipboard working arrangements and records of seafarers' daily hours of work or of their daily hours of rest referred to in Article 6(1) paragraph b(aa) and (b), shall be transmitted electronically to the inspection database referred to in paragraph 1 of this Article using the functional and technical specifications for a harmonised electronic reporting interface provided for in Article 24a of Directive 2009/16/EC.
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a – paragraph 1
Article 9a – paragraph 1
The Commission shall establish a high level group on flag State matters for discussing flag State issues and facilitate exchanges of experience between the Member States’ national authorities, flag State experts and inspectors, including as appropriate thoseEuropean Community Shipowners’ Associations (ECSA), the European Transport Workers’ Federation (ETF) and all relevant stakeholder from the private sector.
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b – paragraph 1
Article 9b – paragraph 1
1. The Commission shall establish an electronic reporting tool for the purposes of gathering information and data from the Member States in relation to this Directive. Member States shall periodically, and at least once a year, inform the Commission, about:
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b – paragraph 1 – point a – point iv a (new)
Article 9b – paragraph 1 – point a – point iv a (new)
(iv a) working conditions, based on records of seafarers daily hours of work and daily hours of rest
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b – paragraph 3 (new)
Article 9b – paragraph 3 (new)
The Commission shall issue an annual report based on the information collected under paragraph 1 of this article which shall be published on official web site.