9 Amendments of Jan-Christoph OETJEN related to 2023/0165(COD)
Amendment 31 #
Proposal for a directive
Recital 15
Recital 15
(15) Union Flag State administrations in line with Directive 2009/21/EC of the European Parliament and of the Council26 are required to have a quality management system in order to help Member States to further improve their performance as flag States and to ensure a level playing field between administrations. A similar requirement for the port state control activities should allow Member States to certify that their organisation, its policies, processes, resources and documentation are appropriate to achieve its objectives as well as identify system problems such as resource or personnel allocation issues before these become problematic. Port states should verify compliance with applicable international conventions on maritime safety and security, protection of the marine environment and living and working conditions on board ships calling at their ports. In conducting such monitoring activities, the port state should not interfere with the competences of a flag state, as recognised by international conventions such as Article 94 of UNCLOS and EU law such as Directive 2013/54/EU concerning certain flag State responsibilities for compli ance with and enforcement of the Maritime Labour Convention, 2006. __________________ 26 Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
(2 a) Article 4 is replaced by the following: 1. Member States shall take all necessary measures, in order to be legally entitled to carry out the inspections referred to in this Directive on board foreign ships, in accordance with international law. In particular, Member States shall verify compliance with applicable international conventions on maritime safety and security, protection of the marine environme nt and living and working conditions on board ships calling at their ports. In conducting such monitoring activities, the port state should not interfere with the competences of a flag state, as recognised by international conventions such as Article 94 of UNCLOS and EU law such as Directive 2013/54/EU concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/16/EC
Article 8a
Article 8a
Failure to carry out an inspection for force majeure reasons shall not be counted as a missed inspection provided that the missed inspection and the reasons for not carrying it out are documented and recorded in the inspection database. The impossibility to carry out an inspection for force majeure reasons shall be reported to EMSA to ensure that a level playing field is maintained.
Amendment 61 #
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.
Amendment 85 #
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 26
Article 26
(17 a) Article 26 is replaced by the following: Publication of information The Commission shall make available and maintain on a public website the information on inspections, detentions and refusals of access in accordance with Annex XIII, building upon the expertise and experience under the Paris MOU. Information identifying an individual ship should only be made publicly available if all legal proceedings are finalised and there is no appeal.
Amendment 95 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
(ii) Ships which have been delivered certificates from recognised organisations having a high performance level in relation with their detention rates within the Community and the Paris MOU region shall be considered as posing a lower risk, unless these ships have been also issued with certificates, documents of compliance, exemptions, dispensations or conditions by the flag state without the involvement of the recognised organisation.
Amendment 97 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
Amendment 105 #
Proposal for a directive
Annex I
Annex I
Directive 2009/16/EC
Annex I
Annex I
Amendment 114 #
Proposal for a directive
Annex II
Annex II
Directive 2009/16/EC
Annex 2– table
Annex 2– table