Activities of Karima DELLI 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 (27)
Amendment 22 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) In accordance with Article 91 (1) of UNCLOS29a, there should be a 'genuine link' between the real owner of a vessel and the flag the vessel flies. Such an approach should help eliminate unwanted practices like the reflagging of vessels and the use of open registries. It is well known that some ship owners often reflag their vessels or use open registries for the purpose of social dumping and/or minimizing operating costs, by way of, for example, paying lower taxes or levies or paying reduced social security contributions and/or for the purpose of escaping legislative implementation and administrative controls. __________________ 29a UN General Assembly, Convention on the Law of the Sea, 10 December 1982
Amendment 28 #
Proposal for a directive
Recital 21
Recital 21
(21) The European Maritime Safety Agency (EMSA) should provide the necessary support to ensure the implementation of Directive 2009/21/EC. The training provided by EMSA to flag State administrations should fully cover the obligations on Member States as set out in the MLC 2006. EMSA should facilitate coordination and exchange of information and good practices between flag State administrations.
Amendment 35 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – sub-point -1 (new)
Article 1 – paragraph 1 – point 2 – sub-point -1 (new)
Directive 2009/21/EC
Article 4 – title
Article 4 – title
-1. In Article 4, the title is amended as follows: Conditions for allowing a ship to be granted the right to fly the flag of a Member State and the conditions to operate
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – subpoint -1a (new)
Article 1 – paragraph 1 – point 2 – subpoint -1a (new)
Directive 2009/21/EC
Article 4 – paragraph –1 (new)
Article 4 – paragraph –1 (new)
-1a. A new paragraph is inserted before the existing paragraph 1: (-1) Prior to granting a ship the right to fly its flag, the Member State concerned shall ensure that the real owner of a vessel has a genuine link with the flag concerned. The Commission shall adopt delegated acts in accordance with Article 10b in order to give guidance on what would constitute a genuine link.
Amendment 37 #
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 carry out on-board inspections and verify both the safety records of the ship and documentation that ensures the ship meets international environmental and social standards, 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 whether any outstanding deficiencies or safety issues identified by the latter remain unresolved.
Amendment 42 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a – paragraph 2 – sub paragraph ca (new)
Article 4a – paragraph 2 – sub paragraph ca (new)
(c a) carrying out inspections on at least one third of all ships entitled to fly their flag per year.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a – paragraph 3
Article 4a – paragraph 3
3. Member States shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with paragraph 2(c) are entirely rectified. In particular, inspections shall focus on the safety and environmental performance of ships and ensure that all necessary corrective measures are taken before the ship embarks.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4b – paragraph 1
Article 4b – paragraph 1
1. Each Member States shall ensure that its administration relies on appropriate resources, commensurate with the size and type of its fleet and the minimum number of inspections it should undertake per year, in particular for meeting the obligations provided for in Article 4a and paragraphs 2 and 3 of this Article.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4b – paragraph 4
Article 4b – paragraph 4
4. In order to ensure harmonisation of the supplementary flag State inspections referred to in Article 4a(2) point (c), the Commission, after consulting the high level group on flag State matters referred to in Article 9a(1), shall adopt implementingdelegated acts to define the uniform measures to determine the minimum requirements for the implementation of the obligations provided for by paragraph 1. Those implementing, and include within these requirements both the quantitative minimum target to be achieved on a yearly basis, as detailed in Article 4a, paragraph 2(b), and a qualitative element that would consider the risk profile of a ship . Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).’
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The Commission, seeking the advice of the high level group on flag State matters referred to in Article 9a(1), shall develop a common capacity building scheme (post-qualification at national level) and keep it updated, considering new technologies and in relation to new or additional obligations arising from the relevant international instruments, for Member States flag State surveyors and inspectors. Particular attention should be given to the implementation of the MLC 2006.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2009/21/EC
Article 4c – paragraph 2a (new)
Article 4c – paragraph 2a (new)
2 a. The Commission, with the involvement of EMSA, shall produce a guidance document offering advice on how to implement international Conventions, in particular the MLC 2006. EMSA shall also provide detailed information about the most frequent problems detected during port State inspections of ships under each flag, as well as explanations and clarifications concerning the specific documentation and certificates of each flag State.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6 – paragraph 1– sub point e
Article 6 – paragraph 1– sub point e
(e) outcome of the port State control inspections (deficiencies: yes or no; detentions: yes or no; and further details as appropriate should there be deficiencies or detentions);
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6 – paragraph 1– sub point ea (new)
Article 6 – paragraph 1– sub point ea (new)
(e a) statutory certificates that confirm if any reported deficiencies uncovered through port state control inspections have been rectified;
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
1. Member States shall take the necessary measures to undergo the IMO audit of their administration at least once every seventhree years, and shall publish the outcome of the audit as well as any corrective actions in the Global Integrated Shipping Information System (GISIS) database set up by the IMO. Member States shall also make the same information available to the public, in accordance with relevant national legislation on confidentiality.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
2009/21/EC
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure the effective implementation of this Directive and to monitor the overall functioning of flag State compliance and the EU Recognised Organisation oversight scheme the Commission shall collect the necessary information and carry out visits to Member States, including ad-hoc and unannounced inspection, in accordance with Article xx of Regulation (EU) xx/xx of the European Parliament and of the Council37 [EMSA Regulation to be adopted], __________________ 37 Regulation (EU) xx/xx of the European Parliament and of the Council … [EMSA Regulation]
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
2009/21/EC
Article 7 – paragraph 3a (new)
Article 7 – paragraph 3a (new)
3 a. Flag States shall continually revise the guidelines provided to their inspectors and to those authorised to act on their behalf so that they give clear direction on how to systematically verify the accuracy of records being inspected. Training provided by EMSA to flag State administrations shall also cover such verification procedures and be extended to cover MLC 2006 in more detail. EMSA shall also facilitate the coordination and exchange of information and good practices between flag State administrations.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
2009/21/EC
Article 8 –paragraph –2a (new)
Article 8 –paragraph –2a (new)
-2a. Paragraph 2 is replaced by the following: Member States which appear on the black or grey list as published in the most recent annual report of the Paris Memorandum of Understanding on Port State Control (hereinafter the Paris MOU) shall provide the Commission with a report on their flag State performance no later than three months after the publication of the Paris MOU report. The report shall identify and analyse the main reasons for the lack of compliance that led to the detentions and the deficiencies resulting in black or grey status, and the corrective measures to be implemented. Where the Member State does not take the necessary corrective measures to ensure compliance with the white list before the following annual report of the Paris MOU, the Commission shall take measures in respect of that Member State. The measures shall be proportionate, appropriate and in accordance with the Treaties.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2009/21/EC
Article 8 – paragraph 2b
Article 8 – paragraph 2b
Measures to evaluate the performance of the flag States, shall take into consideration, inter alia, flag State inspection results, the number of inspections undertaken, the extent to which the risk profile of ships has been taken into account, port State control detention rates, casualty statistics, communication and information processes, annual loss statistics (excluding constructive total losses) and other performance indicators as may be appropriate, to determine whether staffing, resources and administrative procedures are adequate to fulfil the flag State obligations.
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a – paragraph 2 – point a
Article 9a – paragraph 2 – point a
(a) make recommendations for a common approach to flag State inspections; procedures and guidelines for the control of ships; the number of additional inspections to be undertaken for Member States with the largest registries;
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a – paragraph 2 – point c
Article 9a – paragraph 2 – point c
(c) assist the Commission in the development of the technical method for what constitutes appropriate resources, commensurate with the size and type of fleet and the number of inspections to be undertaken, referred to in Article 4b;
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a –paragraph 2 – point ja (new)
Article 9a –paragraph 2 – point ja (new)
Amendment 75 #
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) the extent to which the risk profile of ships was factored into the surveys, inspections and audits carried out as flag States;
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b – paragraph 2 (new)
Article 9b – paragraph 2 (new)
The Commission shall report to the Council and the Parliament at least once every two years on the information and data gathered from Member States, as outlined in paragraphs a, b and c of this article.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/21/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 10b, concerning amendments to Annex 1, and Articles 4 and 4b, in order to take account of new flag State related provisions and commitments developed at international level, in particular, in the IMO.
Amendment 81 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP: Please insert a date: one yearnine months from the date of entry into force of this amending Directive], the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 87 #
Proposal for a directive
Annex I
Annex I
Directive 2009/21/EC
Annex – Part 2 – point 15
Annex – Part 2 – point 15
1. implement policies through issuing national legislation and guidance, which will assist in the implementation and enforcement of the requirements of all safety and, pollution prevention, environmental and social conventions and protocols to which they are parties; and
Amendment 88 #
Proposal for a directive
Annex I
Annex I
43. Measures to evaluate the performance of flag States should include, inter alia, port State control detention rates, flag State inspection results, casualty statistics, communication and information processes, annual loss statistics (excluding constructive total losses (CTLs)), compliance with the mandatory minimum number of inspections per year, and other performance indicators as may be appropriate, in order to determine whether staffing, resources and administrative procedures are adequate to meet its flag State obligations.