BETA


2023/0165(COD) Port State control

Progress: Awaiting Council's 1st reading position

RoleCommitteeRapporteurShadows
Lead TRAN TAX Vera (icon: S&D S&D) NOVAK Ljudmila (icon: EPP EPP), KARLESKIND Pierre (icon: Renew Renew), CORRAO Ignazio (icon: Verts/ALE Verts/ALE), CAMPOMENOSI Marco (icon: ID ID), VAN OVERTVELDT Johan (icon: ECR ECR), DALY Clare (icon: GUE/NGL GUE/NGL)
Committee Opinion BUDG
Committee Opinion EMPL
Committee Opinion ENVI
Committee Opinion PECH BILBAO BARANDICA Izaskun (icon: Renew Renew) Gabriel MATO (icon: PPE PPE), Raffaele STANCANELLI (icon: ECR ECR), Francisco GUERREIRO (icon: Verts/ALE Verts/ALE), Isabel CARVALHAIS (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
TFEU 100-p2

Events

2024/04/10
   EP - Text adopted by Parliament, 1st reading/single reading
Documents
2024/04/10
   EP - Decision by Parliament, 1st reading
Documents
2024/03/20
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/03/15
   CSL - Coreper letter confirming interinstitutional agreement
2024/03/15
   EP - Text agreed during interinstitutional negotiations
Documents
2023/12/13
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/12/11
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/12/08
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Transport and Tourism adopted the report by Vera TAX (S&D, NL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Scope

The report clarified that until such time as a mandatory port State control regime for fishing vessels applies throughout the Union, as a result of the entry into force of the Cape Town Agreement and the amendment of the relevant Union legal acts, individual Member States may carry out port state control inspections of fishing vessels of above 24 metres length overall.

Complaints

The amended text stated that Member States should inform the flag State administration, with a copy to the International Labour Organisation (ILO) and the European Maritime Safety Agency (EMSA), of complaints not manifestly unfounded and of follow-up actions taken. The Agency should be invited by Member States, in line with the EMSA regulation, to provide operational and technical support concerning safety investigations.

Refusal of access

The refusal of access order should be lifted after a period of 12 months has elapsed on condition that the owner or operator provides evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.

ESMA’s involvement

In cooperation with Member States, the Commission should:

- ensure adequate support for the harmonisation of port State control practices across the Union, reporting to the European Parliament and the Council every 4 years on the level of harmonisation and standards of the inspections;

- develop a professional development and training programme for port State control inspectors. The Commission should build on the expertise of EMSA and support its activity, as the trainings it proposes contribute to the harmonisation of port State control officers’ practices;

- 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 on-board ships calling at Union ports for both seafarers and dock workers, with a special focus on female workers.

Moreover, the Commission, with the involvement of EMSA, should produce a guidance document offering advice on how to implement international Conventions, in particular the MLC 2006, with regard to port State control. EMSA should also provide detailed information about the most frequent problems detected during port State inspections of ships under each flag.

Inspection database

Members stated that electronic certificates should be mandatory for all Members States as early as possible after the entry into force of this amending directive and in any case no later than three years thereafter. Ships flying the flag of a State that issue such electronic certificates should have this reflected in the ship risk profile (SRP) as set out in Annexes I and II until the electronic certificate becomes compulsory.

Publication of information

According to the report, the Commission should make available and maintain on a public website the information on inspections, detentions and refusals of access. Information identifying an individual ship should only be made publicly available if all legal proceedings are finalised and there is no appeal.

Review

Lastly, Members considered that the Commission should, by five years from the date of entry into force of this amending Directive, submit a report to the European Parliament and the Council on the progress by Member States on the ratification of international agreements containing obligations related to fisheries as well as assessing how these obligations should be transposed into Union law and, where appropriate, present a legislative proposal to this effect.

Documents
2023/12/07
   EP - Vote in committee, 1st reading
2023/12/07
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/11/29
   EP - Committee opinion
Documents
2023/10/12
   EP - Amendments tabled in committee
Documents
2023/09/20
   ESC - Economic and Social Committee: opinion, report
Documents
2023/09/19
   EP - Committee draft report
Documents
2023/07/18
   EP - BILBAO BARANDICA Izaskun (Renew) appointed as rapporteur in PECH
2023/07/13
   EP - TAX Vera (S&D) appointed as rapporteur in TRAN
2023/07/10
   EP - Committee referral announced in Parliament, 1st reading
2023/06/01
   EC - Document attached to the procedure
2023/06/01
   EC - Document attached to the procedure
2023/06/01
   EC - Document attached to the procedure
2023/06/01
   EC - Legislative proposal published
Details

PURPOSE: to update certain provisions of Directive 2009/16/EC on port State control.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2009/16/EC regulates port State control inspections at EU level. Port State control (PSC) is a system of inspection of foreign ships in ports of states other than the flag state by PSC officers to verify that the competency of the master, officers and crew on board, the condition of a ship, and its equipment comply with the requirements of international conventions – and in the European Union, with applicable EU law.

Since the Directive 2009/16/EC entered into force, there have been changes in the international regulatory environment (in particular in the Paris MOU and the International Maritime Organisation) and technological developments. Those changes as well as the experience gained from implementation of Directive 2009/16/EC should be taken into account.

This initiative is part of a package to modernise EU rules on maritime safety.

CONTENT: in the light of this, the Commission has prepared a proposal to amend Directive 2009/16/EC. It aims to update and align EU legislation with international rules and procedures , set by the IMO/ILO or the Paris MOU.

Purpose, definition and scope

The scope of the Directive is partially extended to bring a number of international conventions within the scope of port State control inspections. These are the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention) and the International Convention on the Removal of Wrecks (Nairobi) both of which are in force and have been adopted as relevant instruments by the Paris MOU.

The scope is also amended so that fishing vessels of above 24 metres in length can be inspected under PSC by those Member States who wish to carry out these inspections. A voluntary system of control for this type of vessel should increase the level of compliance with international standards of safety and environmental protection applicable to these vessels.

Ship risk profile

The proposal also updates the way in which ships are targeted for inspection to take account of the new requirements and will attach greater importance to the environmental performance and deficiencies of ships in determining their risk profile. The proposal defines the environmental parameters that will be taken into account to establish the ship risk profile used to target ships for inspection.

Force majeure situations

The proposal addresses the issue of lack of flexibility of the PSC regime in cases of crisis or unexpected events, such as the COVID-19 pandemic. In order to make the regime more resilient, a more flexible measure is introduced allowing Member States to miss inspections in cases of force majeure, provided that the missed inspection is recorded and the reason for missing the inspection is documented.

Pre-arrival notification

The amendments intend to align the Directive to the Paris MOU changes abolishing the 72-hour reporting obligation for vessels eligible for an expanded inspection.

Expanded inspections

Due to their complexity, it is proposed that expanded inspections should be carried out by more than one port State control officer.

Refusal of access

The Directive is amended to align it to the changes adopted by the Paris MOU relating to the refusal of access (banning) procedure and the possibility to ban vessels which are on the grey or white lists of the Paris MOU (flag-blind banning) as well as provision related to jumped detention or when the detained vessel does not proceed to an agreed repair yard.

EMSA training

The proposal sets out the possibilities for EMSA to provide training to the EU Member States to better fulfil their responsibilities under the Directive, given the widened scope of PSC and improvements in the scope and type of training. A new professional development and training programme for inspectors should be developed, to be a made up of a (i) syllabus of competence and a (ii) professional development scheme. Once these aspects are in place, the Agency should identify and provide new training needs to amend the curricula, syllabi and content of the professional development and training program for inspectors, especially as regards new technologies and in relation to the additional obligations arising from new IMO conventions.

Electronic certificates

The use of electronic certificates should be encouraged. These would rely on a common template, use a common validation tool and repository at EU level, which would link the use of electronic certificates with the ship risk profile.

Implementation review

The proposal provides that the Commission will produce a review of the implementation of the amended Directive 10 years after adoption. This takes account of the time necessary for transposition and the fact that an EMSA review cycle of visits to Member States typically takes no less than 5 years.

Budgetary implications

The proposal gives raise to net present costs for the Union Budget of EUR 6.479 million over the period 2025-2050.

Documents

  • Text adopted by Parliament, 1st reading/single reading: T9-0201/2024
  • Decision by Parliament, 1st reading: T9-0201/2024
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.995
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001593
  • Text agreed during interinstitutional negotiations: PE759.995
  • Committee report tabled for plenary, 1st reading: A9-0419/2023
  • Committee opinion: PE753.475
  • Amendments tabled in committee: PE754.725
  • Economic and Social Committee: opinion, report: CES2988/2023
  • Committee draft report: PE752.958
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2023)0202
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0148
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0149
  • Legislative proposal published: COM(2023)0271
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2023)0202
  • Document attached to the procedure: EUR-Lex SWD(2023)0148
  • Document attached to the procedure: EUR-Lex SWD(2023)0149
  • Committee draft report: PE752.958
  • Economic and Social Committee: opinion, report: CES2988/2023
  • Amendments tabled in committee: PE754.725
  • Committee opinion: PE753.475
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001593
  • Text agreed during interinstitutional negotiations: PE759.995
  • Text adopted by Parliament, 1st reading/single reading: T9-0201/2024

Votes

A9-0419/2023 – Vera Tax – Provisional agreement – Am 41 #

2024/04/10 Outcome: +: 593, 0: 28, -: 3
DE IT ES FR PL NL BE CZ SE RO PT HU AT BG FI SK IE DK EL LT LV SI LU HR EE CY MT
Total
93
60
56
71
47
28
21
21
21
18
20
17
18
14
14
14
12
13
15
9
7
7
6
6
7
5
4
icon: PPE PPE
155

Hungary PPE

1

Denmark PPE

For (1)

1

Luxembourg PPE

2

Croatia PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
125

Belgium S&D

2

Czechia S&D

For (1)

1

Slovakia S&D

For (1)

1

Denmark S&D

2

Greece S&D

1

Lithuania S&D

2

Latvia S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
96

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Ireland Renew

2

Greece Renew

1

Lithuania Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Croatia Renew

For (1)

1

Estonia Renew

3
icon: Verts/ALE Verts/ALE
69

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Finland Verts/ALE

3

Ireland Verts/ALE

1

Denmark Verts/ALE

2

Greece Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
59

Germany ECR

1

France ECR

For (1)

1

Sweden ECR

For (1)

3

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Greece ECR

1

Latvia ECR

For (1)

1
icon: The Left The Left
33

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Czechia The Left

1

Sweden The Left

For (1)

1

Portugal The Left

4

Finland The Left

For (1)

1

Denmark The Left

1

Cyprus The Left

1
icon: NI NI
39

Germany NI

2

France NI

Abstain (1)

1

Netherlands NI

Against (1)

1

Belgium NI

For (1)

1

Czechia NI

For (1)

1

Romania NI

For (1)

1

Latvia NI

1
icon: ID ID
48

Czechia ID

Abstain (1)

1

Austria ID

3

Denmark ID

Abstain (1)

1

Estonia ID

Abstain (1)

1
AmendmentsDossier
118 2023/0165(COD)
2023/10/13 TRAN 118 amendments...
source: 754.725

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
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2023-12-08T00:00:00
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events/4/summary
  • The Committee on Transport and Tourism adopted the report by Vera TAX (S&D, NL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Scope
  • The report clarified that until such time as a mandatory port State control regime for fishing vessels applies throughout the Union, as a result of the entry into force of the Cape Town Agreement and the amendment of the relevant Union legal acts, individual Member States may carry out port state control inspections of fishing vessels of above 24 metres length overall.
  • Complaints
  • The amended text stated that Member States should inform the flag State administration, with a copy to the International Labour Organisation (ILO) and the European Maritime Safety Agency (EMSA), of complaints not manifestly unfounded and of follow-up actions taken. The Agency should be invited by Member States, in line with the EMSA regulation, to provide operational and technical support concerning safety investigations.
  • Refusal of access
  • The refusal of access order should be lifted after a period of 12 months has elapsed on condition that the owner or operator provides evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.
  • ESMA’s involvement
  • In cooperation with Member States, the Commission should:
  • - ensure adequate support for the harmonisation of port State control practices across the Union, reporting to the European Parliament and the Council every 4 years on the level of harmonisation and standards of the inspections;
  • - develop a professional development and training programme for port State control inspectors. The Commission should build on the expertise of EMSA and support its activity, as the trainings it proposes contribute to the harmonisation of port State control officers’ practices;
  • - 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 on-board ships calling at Union ports for both seafarers and dock workers, with a special focus on female workers.
  • Moreover, the Commission, with the involvement of EMSA, should produce a guidance document offering advice on how to implement international Conventions, in particular the MLC 2006, with regard to port State control. EMSA should also provide detailed information about the most frequent problems detected during port State inspections of ships under each flag.
  • Inspection database
  • Members stated that electronic certificates should be mandatory for all Members States as early as possible after the entry into force of this amending directive and in any case no later than three years thereafter. Ships flying the flag of a State that issue such electronic certificates should have this reflected in the ship risk profile (SRP) as set out in Annexes I and II until the electronic certificate becomes compulsory.
  • Publication of information
  • According to the report, the Commission should make available and maintain on a public website the information on inspections, detentions and refusals of access. Information identifying an individual ship should only be made publicly available if all legal proceedings are finalised and there is no appeal.
  • Review
  • Lastly, Members considered that the Commission should, by five years from the date of entry into force of this amending Directive, submit a report to the European Parliament and the Council on the progress by Member States on the ratification of international agreements containing obligations related to fisheries as well as assessing how these obligations should be transposed into Union law and, where appropriate, present a legislative proposal to this effect.
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  • PURPOSE: to update certain provisions of Directive 2009/16/EC on port State control.
  • PROPOSED ACT: Directive of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: Directive 2009/16/EC regulates port State control inspections at EU level. Port State control (PSC) is a system of inspection of foreign ships in ports of states other than the flag state by PSC officers to verify that the competency of the master, officers and crew on board, the condition of a ship, and its equipment comply with the requirements of international conventions – and in the European Union, with applicable EU law.
  • Since the Directive 2009/16/EC entered into force, there have been changes in the international regulatory environment (in particular in the Paris MOU and the International Maritime Organisation) and technological developments. Those changes as well as the experience gained from implementation of Directive 2009/16/EC should be taken into account.
  • This initiative is part of a package to modernise EU rules on maritime safety.
  • CONTENT: in the light of this, the Commission has prepared a proposal to amend Directive 2009/16/EC. It aims to update and align EU legislation with international rules and procedures , set by the IMO/ILO or the Paris MOU.
  • Purpose, definition and scope
  • The scope of the Directive is partially extended to bring a number of international conventions within the scope of port State control inspections. These are the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention) and the International Convention on the Removal of Wrecks (Nairobi) both of which are in force and have been adopted as relevant instruments by the Paris MOU.
  • The scope is also amended so that fishing vessels of above 24 metres in length can be inspected under PSC by those Member States who wish to carry out these inspections. A voluntary system of control for this type of vessel should increase the level of compliance with international standards of safety and environmental protection applicable to these vessels.
  • Ship risk profile
  • The proposal also updates the way in which ships are targeted for inspection to take account of the new requirements and will attach greater importance to the environmental performance and deficiencies of ships in determining their risk profile. The proposal defines the environmental parameters that will be taken into account to establish the ship risk profile used to target ships for inspection.
  • Force majeure situations
  • The proposal addresses the issue of lack of flexibility of the PSC regime in cases of crisis or unexpected events, such as the COVID-19 pandemic. In order to make the regime more resilient, a more flexible measure is introduced allowing Member States to miss inspections in cases of force majeure, provided that the missed inspection is recorded and the reason for missing the inspection is documented.
  • Pre-arrival notification
  • The amendments intend to align the Directive to the Paris MOU changes abolishing the 72-hour reporting obligation for vessels eligible for an expanded inspection.
  • Expanded inspections
  • Due to their complexity, it is proposed that expanded inspections should be carried out by more than one port State control officer.
  • Refusal of access
  • The Directive is amended to align it to the changes adopted by the Paris MOU relating to the refusal of access (banning) procedure and the possibility to ban vessels which are on the grey or white lists of the Paris MOU (flag-blind banning) as well as provision related to jumped detention or when the detained vessel does not proceed to an agreed repair yard.
  • EMSA training
  • The proposal sets out the possibilities for EMSA to provide training to the EU Member States to better fulfil their responsibilities under the Directive, given the widened scope of PSC and improvements in the scope and type of training. A new professional development and training programme for inspectors should be developed, to be a made up of a (i) syllabus of competence and a (ii) professional development scheme. Once these aspects are in place, the Agency should identify and provide new training needs to amend the curricula, syllabi and content of the professional development and training program for inspectors, especially as regards new technologies and in relation to the additional obligations arising from new IMO conventions.
  • Electronic certificates
  • The use of electronic certificates should be encouraged. These would rely on a common template, use a common validation tool and repository at EU level, which would link the use of electronic certificates with the ship risk profile.
  • Implementation review
  • The proposal provides that the Commission will produce a review of the implementation of the amended Directive 10 years after adoption. This takes account of the time necessary for transposition and the fact that an EMSA review cycle of visits to Member States typically takes no less than 5 years.
  • Budgetary implications
  • The proposal gives raise to net present costs for the Union Budget of EUR 6.479 million over the period 2025-2050.
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