2023/0172(COD) | [ParlTrack]

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 8

(8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical experience of the Member States, including the use of ~~non-exclusive~~ inspectors, via implementing measures.

Amendment 11 #

Proposal for a directive
Recital 8

(8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical and observational experience of the Member States, including the use of non-exclusive inspectors, via implementing measures.

Amendment 12 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 9

(9) The fulfilment of a harmonised capacity building scheme, post- qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. Continuous training and professional development for seafarers should be ensured as to stay up-to-date with evolving safety and environmental standards.

Amendment 13 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 11

(11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the ~~transparency of the performance of a high quality fleet~~working conditions and wages of fleet to promote fair labour practices and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations.

Amendment 14 #

Proposal for a directive
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 14 #

Proposal for a directive
Recital 11

(11) The establishment and development of a database providing essential information, in an electronic or paper format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations.

Amendment 15 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 3

(3) To ensure the effectiveness of the IMO Conventions in the Union, given that all Member States have to be party to the IMO Conventions and have to discharge the obligations laid down in those conventions with respect to the ships flying their flag, the mandatory provisions of those Conventions should be incorporated in Union legislation. To this end Member States have to discharge their obligations as flag States effectively and consistently in accordance with IMO Resolution A.1070(28) (adopted on 4 December 2013) on the IMO Instruments Implementation Code (III CODE), which contains the mandatory provisions to be implemented by flag States. The III Code section 22 indicates that a flag State should take all necessary measures to secure observance of international rules and standards by ships entitled to fly its flag and by entities and persons under its jurisdiction so as to ensure compliance with its international obligations. In particular, section 22.2 refers to inspections to verify that the actual condition of the ship and its crew is in conformity with the certificates it carries. Its periodicity should be established by the Member States either with a risk based approach or using its own procedures and instructions, using quantitative or qualitative criteria. The flag State inspections referred to in this Directive should be understood as ensuring compliance with the III Code and not with other EU legislation stemming from IMO Conventions.

Amendment 15 #

Proposal for a directive
Recital 12 a (new)

(12a) Transparency in maritime operations should be ensured along with accountability of ship-owners for any violation of safety or environmental regulations.

Amendment 16 #

Jan-Christoph OETJEN

Proposal for a directive
Recital 7

(7) The maritime administrations of the Member States should be able to rely on adequate resources, including technical decision-making capability, for the implementation of their flag State obligations, commensurate with the size and type of their fleet and based upon the relevant IMO requirements. The revision of this Directive may lead to increased costs, due to the new requirements on Flag State authorities. The increase of fees paid by shipowners should be proportionate to maintain the competitiveness of EU flags. In order to improve the overall qualitative performance of ships flying the flag of a Member State it is also necessary to harmonise the strict and thorough monitoring, including development of rules and design review, of the recognised organisations performing flag State duties on behalf of Member States.

Amendment 16 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 12 b (new)

(12b) Relevant authorities should establish mechanisms for whistle-blowers to report safety and environmental violations without fear of retaliation.

Amendment 17 #

Ljudmila NOVAK, Marian-Jean MARINESCU, Magdalena ADAMOWICZ

Proposal for a directive
Recital 7 a (new)

(7 a) To ensure the effectiveness of this Directive, every EU flag State should carry its fair share of inspections, commensurate with the size and type of its fleet. A yearly minimum inspection quota of at least 20% of ships flying its flag for every Member State should therefore be set.

Amendment 17 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 17

(17) In order to discuss flag State matters, including technical, issues and facilitate exchange of expertise and information, a high level group on flag State matters consisting of Member States’ national authorities, flag State experts and inspectors, as well as, aswhere appropriate, experts from the private sector and representatives of maritime workers, should be established.

Amendment 18 #

Izaskun BILBAO BARANDICA, Pierre KARLESKIND, Catherine CHABAUD

Proposal for a directive
Recital 8

(8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical experience of the Member States, including the use of non-exclusive inspectors, via implementing measures.deleted

Amendment 18 #

Proposal for a directive
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 19 #

Jan-Christoph OETJEN

Proposal for a directive
Recital 9

(9) The fulfilment of a harmonised capacity building scheme, post- qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. while taking commensurate measures to ensure equivalent performance of all ships entering EU waters irrespectively of the flag they fly, thereby also, safeguarding the competitiveness of EU flags internationally.

Amendment 19 #

Proposal for a directive
Recital 18

(18) A~~n 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.

Amendment 20 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 9

(9) ~~The fulfilment of a harmonised capacity building scheme, post- qualification, by flag State surveyors and inspectors,~~A strong voluntary post- qualification training provided by EMSA Academy to all Member States should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State.

Amendment 20 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2009/21/EC
Article 3 – paragraph 1

(la) ‘outstanding deficiencies’ include, without limitation, any unresolved or pending issues, violations, or concerns related to ship's safety, environmental compliance, crew qualifications and welfare, documentation, certification, prior flag State findings, the assurance of fair labour conditions, adequate safeguards for seafarers and adherence to the legal framework of the flag State. These deficiencies constitute a comprehensive range of potential issues that possess the capacity to impede the secure operation of the vessel, influence its environmental footprint, affect the well-being of the crew, or contravene established international regulations.

Amendment 21 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 11

(11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information~~, further improve the transparency of the performance of a high quality fleet and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administration~~ among Member States.

Amendment 21 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/21/EC
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, notably with regard to seafarers' working conditions and environmental protection. 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. It shall, if necessary, consult with the losing flag State ~~in order to establish whether~~to address any outstanding deficiencies or safety issues ~~identified by the latter remain unresolved~~. This collaboration shall aim to ensure that any outstanding deficiencies or safety concerns are fully resolved before the ship operates.

Amendment 22 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
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 22 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(a) prohibiting ships from sailing until such ships can proceed to sea in compliance with international rules and standards; including the conduct of regular safety drills and exercises to ensure the readiness of the crew for emergency situations, and enforcing crew rest hour regulations to prevent fatigue- related accidents;

Amendment 23 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 13 a (new)

(13 a) The sharing of the outcome of IMO audits and potential corrective measures resulting from IMO audits remains the prerogative of the Member States.

Amendment 23 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(b) ensuring that ships entitled to fly their flag have been surveyed in accordance with the survey guidelines under the Harmonized System of Survey and Certification (HSSC)~~; and,~~. This includes conducting environmental audits to assess compliance with regulations related to emissions, ballast water management, and other environmental concerns, going beyond standard safety inspections;

Amendment 24 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 14

(14) The Commission, assisted by the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council31 , should be invited and involved as observer by the auditee Member State as flag State for the purpose of ensuring consistency between IMO audit and Commission assessments, executed by EMSA to check the implementation of Union maritime safety legislation via its visit and inspection scheme, on behalf of the Commission. __________________ 31 Regulation (EC) 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208 5.8.2002, p. 1).deleted

Amendment 24 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(ba) Promoting a safety culture on board by encouraging the reporting of near-misses and unsafe conditions, as well as the continuous improvement of safety practices;

Amendment 25 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 14

(14) The Commission, a~~ssisted by~~nd the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council31 , should be invited and involved as observer by the auditee Member State as flag State for the purpose of ensuring consistency between IMO audit and Commission assessments, executed by EMSA to check the implementation of Union maritime safety legislation via its visit and inspection scheme, on behalf of the Commission. __________________ 31 Regulation (EC) 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208 5.8.2002, p. 1).

Amendment 25 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(bb) Collaborating with other flag States and international bodies to conduct joint inspections, share information, and harmonize enforcement efforts to ensure the effective enforcement of international rules and standards;

Amendment 26 #

Pierre KARLESKIND, Catherine CHABAUD

Proposal for a directive
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 26 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(c) carrying out supplementary flag State inspections of ships to verify that the actual condition and working conditions of the ship is in conformity with the certificates it carries. These inspections should also encompass crew training and welfare, ensuring that crew members receive proper training in safety and environmental procedures, and that their rights and well-being are protected in accordance with the Maritime Labour Convention, 2006 (MLC 2006);

Amendment 27 #

Pierre KARLESKIND, Jan-Christoph OETJEN

Proposal for a directive
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 27 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(ca) Utilizing advanced monitoring technology, such as satellite tracking and remote sensors, to track a ship's activities and compliance with regulations in real- time;

Amendment 28 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
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 28 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a

(cb) Requiring ships to submit regular reports on safety and environmental compliance and making these reports accessible to relevant authorities for review, thereby enhancing reporting and transparency.

Amendment 29 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)

Directive 2009/21/EC
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 29 #

Proposal for a directive
Article premier – paragraph 1 – point 4 – point b

Directive 2009/21/EC of the European Parliament and of the Council
Article 5

(b) the following paragraph 2 is added: ‘Member States shall develop and implement an appropriate control and monitoring programme, using, as appropriate, the Union Maritime Information and Exchange System (‘SafeSeaNet’) referred to in Article 22a(3) of Directive 2002/59/EC of the European Parliament and of the CouncilDirective 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208 5.8.2002, p. 10).35’’deleted

Amendment 30 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2009/21/EC
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 30 #

Proposal for a directive
Article premier – paragraph 1 – point 5

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009
Article 6 – Accompanying measures

1. Member States shall ensure that at least the following information concerning ships flying their flag is kept and ~~is made accessible in an electronic format compatible and interoperable with Union maritime safety databases~~remains readily accessible:

Amendment 31 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2009/21/EC
Article 3 – point g

(g) ‘III-Code’ means parts 1 and 2 of Resolution A.1070(28) (“IMO Instruments Implementation Code”), adopted by the International Maritime Organisation (IMO), with the exception of paragraphs 16.1, 18.1, 19, 29, 30, 31 and 32 of part 2;deleted

Amendment 31 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(ga) Information related to the ship's environmental performance, such as emissions data (e.g., greenhouse gas emissions, sulphur oxide emissions) and data on the management of ballast water and other potentially polluting substances;

Amendment 32 #

Josianne CUTAJAR

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2009/21/EC
Article 3 – point i

(i) ‘flag State inspector’ means a public-sector employee, working exclusively for and duly authorised by the competent authority of a Member State or a person non-exclusively employed, and duly authorised by the competent authority of a Member State, on an ad hoc basis or on a contractual situation with the competent authority of a Member State, to carry out supplementary flag State inspections, and who fulfils the independence requirement specified in Article 8(1), and the minimum criteria specified in Annex XI to Directive 2009/16/EC;

Amendment 32 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gb) Details about the ship's crew, including their qualifications, certifications, and rest hours, to ensure compliance with labour and safety regulations;

Amendment 33 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2009/21/EC
Article 3 – point k

(k) ‘~~Supplementary f~~Flag State inspection’ means an ~~on-board~~inspection not leading to certification to verify that the actual condition of the ship and its crew is in conformity with the certificates it carries. When the inspection is not ~~leading to certifica~~carried out on board it shall ensure the same level of safety and assurance as that of on-site inspections.;

Amendment 33 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gc) Reporting of any accidents, incidents, or near-misses, along with the actions taken to address them, contributing to a proactive safety culture;

Amendment 34 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2009/21/EC
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 34 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gd) Information on the type, quantity, and handling of cargo, especially for ships carrying hazardous materials or dangerous goods, to assess compliance with transport and safety regulations;

Amendment 35 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – sub-point -1 (new)

Directive 2009/21/EC
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 35 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(ge) Data related to the ship's Safety Management System, including records of safety meetings, hazard assessments, and corrective actions taken;

Amendment 36 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – subpoint -1a (new)

Directive 2009/21/EC
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 36 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gf) Data on security measures and compliance with international maritime security codes and conventions, particularly relevant in today's security- conscious environment;

Amendment 37 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/21/EC
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 37 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gg) Information on technological upgrades, equipment maintenance, and safety-related modifications made to the ship;

Amendment 38 #

Clare DALY

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/21/EC
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. It shall also verify the compliance of the ship with environmental international conventions as well as the crew training. 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 38 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gh) Records related to the welfare and living conditions of seafarers, including records of crew complaints or concerns;

Amendment 39 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/21/EC
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 39 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gi) The ability for Member States to verify the authenticity and validity of certificates and documentation presented by the ship, helping to combat fraud and ensure compliance;

Amendment 4 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 1

(1) The safety of Union shipping, seafarers and of citizens using it ~~and~~, along with the well-being of passengers and crew as well as the protection of the environment should be ensured at all times.

Amendment 40 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/21/EC
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 40 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
Article 6

(gj) Reporting on sustainability practices, such as fuel consumption, energy efficiency measures, and environmental impact reduction efforts, aligning with global sustainability goals.

Amendment 41 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4a – paragraph 2 – subparagraph c

(c) carrying out ~~supplementary~~ flag State inspections ~~of ships~~ to verify that the actual condition of the ship is in conformity with the certificates it carries. These inspections may be carried out using a risk-based approach, which may include the following criteria: i. records of deficiencies and non- conformities from statutory surveys, audits and verifications performed by the flag state ii. reports of very serious accidents iii. inspection following a detention or prohibition of operation issued by the Port State Control iv. inspection exceeding a Port State Control deficiency ratio established by each Member State v. records deficiencies from inspections carried out according to national legislation as deemed appropriate by each Member State. Member states may depart from the risk based approach and carry out flag state inspections using their own procedures, instructions and relevant information in compliance with the III Code.

Amendment 41 #

Proposal for a directive
Article premier – paragraph 1 – point 6

Directive 2009/21/EC of the European Parliament and of the Council
Article 6a

5. Member States shall ensure that Statutory certificates referred to in Article 6(1) paragraph b, shall be transmitted electronically or on paper 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 42 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 42 #

Proposal for a directive
Article premier – paragraph 1 – point 7

Directive 2009/21/EC of the European Parliament and of the Council
Article 7

1. Member States shall take the necessary measures to undergo the IMO audit of their administration at least once every seven 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 43 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 43 #

Proposal for a directive
Article premier – paragraph 1 – point 7

Directive 2009/21/EC of the European Parliament and of the Council
Article 7

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, 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 44 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 44 #

Proposal for a directive
Article premier – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

~~(e) develop and implement the EU RO oversight and monitoring scheme referred to in Article 7;~~deleted

Amendment 45 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4b – paragraph 2

2. Each Member State shall ensure the oversight of the activities of flag State surveyors, flag state inspectors and recognised organisations ~~and participate in the EU Recognised Organisation oversight scheme specified by the high level group on flag State matters referred to in Article 9a(1)~~.

Amendment 45 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(ja) Develop recommendations and guidelines for flag State inspections and procedures that prioritize the protection of workers' rights and safety on ships, including the involvement of workers' representatives in safety inspections;

Amendment 46 #

Ljudmila NOVAK, Marian-Jean MARINESCU, Magdalena ADAMOWICZ

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 implementing acts to define the uniform measures to determine the minimum requirements for the implementation of the obligations provided for by paragraph 1. To ensure the effectiveness of this Directive, these minimum requirements shall in particular include a yearly minimum inspection quota of at least 20% of ships flying its flag for every Member State, commensurate with the size and type of its fleet. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).’

Amendment 46 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(jb) Provide recommendations for flag State inspections and procedures that emphasize environmental compliance, ensuring that ships are adhering to international environmental regulations and guidelines;

Amendment 47 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 ~~implementing~~delegated 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 47 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(jc) Assist in the development of measures to promote social responsibility and compliance with labour standards on ships, including monitoring and reporting on crew welfare, working conditions, and adherence to the Maritime Labour Convention, 2006 (MLC, 2006);

Amendment 48 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4c – title

~~Common capacity build~~Post-qualification training of flag State personnel

Amendment 48 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(jd) Encourage flag States to engage with local communities in ports of call to address any social or environmental concerns related to ship operations, promoting positive relationships and responsible maritime practices;

Amendment 49 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
Article 4c – paragraph 1

1. Member States ~~shall~~can ensure ~~that~~ the personnel responsible for or performing surveys, inspections and audits on ships and companies undergo ~~the harmonised scheme specified in paragraph 2~~a voluntary post- qualification training provided by the EMSA Academy..

Amendment 49 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(je) Advise on the integration of new technologies, such as digital reporting tools and IoT devices, to enhance the effectiveness of flag State inspections and oversight, while also considering data privacy and cybersecurity aspects;

Amendment 5 #

Anja HAGA

Proposal for a directive
Recital 1

(1) The safety of Union shipping and of citizens using it and the protection of the environment should be ensured at all times. it should also be borne in mind that countless jobs and coastal communities are dependent upon that protection.

Amendment 50 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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 50 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a

(jf) Establish mechanisms for conflict resolution and dispute resolution related to flag State inspections and procedures, ensuring fair and transparent processes.

Amendment 51 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/21/EC
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~~can assist Member States where necessary in supporting a voluntary post-qualification training provided by EMSA Academy help 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.

Amendment 51 #

Proposal for a directive
Article premier – paragraph 1 – point 10

Directive 2009/21/EC of the European Parliament and of the Council
Article 9b

The Commission shall establish an electronic and paper-based 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 52 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 3

2009/21/EC
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 52 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9b

(iva) Investments in green and environmentally sustainable technologies, such as the use of cleaner fuels or emission reduction equipment, to demonstrate efforts towards reducing the environmental footprint of the flagged fleet;

Amendment 53 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
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 53 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9b

(ivb) Initiatives and measures taken to promote a safety culture on board ships, including training programs, safety drills, and campaigns to raise awareness among crew members about safety practices;

Amendment 54 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
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 54 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9b

(ivc) Any incidents, accidents, or violations related to safety and pollution prevention requirements, along with actions taken to address them, promoting transparency and accountability;

Amendment 55 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2009/21/EC
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 55 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9b

(ivd) Collaboration with other Member States and international bodies to enhance safety and pollution prevention, including joint inspections, information sharing, and participation in international initiatives to improve maritime safety and environmental protection;

Amendment 56 #

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009/21/EC
Article 6a– paragraph 1

1. The Commission shall develop, maintain and update a~~n inspec~~ ships information database containing the information specified in Article 6. ~~All~~ Member States ~~shall be~~may connected to that database. That database ~~shall~~may be based on the ~~inspec~~ships information database referred to in Article 24 of Directive 2009/16/EC and ~~shall~~may have similar functionalities to that database.

Amendment 57 #

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009 21 EC
Article 6a– paragraph 4

4. Member States shall have access to all the information recorded in the inspection database referred to in paragraph 1 of this Article and the inspection system provided for in Directive 2009/16/EC. Nothing in this Directive shall prevent the sharing of such information between relevant competent authorities within and between Member States, with the Commission orand with the European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council36 . __________________ 36 Regulation (EC) 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208 5.8.2002, p. 1).

Amendment 58 #

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009/21/EC
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 59 #

Izaskun BILBAO BARANDICA, Pierre KARLESKIND, Catherine CHABAUD

Proposal for a directive
Article 1 – paragraph 1 – point 6

5 a. To give Member states sufficient time to ensure the interoperability and compatibility of its electronic information, the sharing and accessibility of this information shall be ensured 2 years after the entry into force of this Directive.

Amendment 6 #

Proposal for a directive
Recital 1

(1) The safety of Union ~~shipping~~maritime sector and of citizens using it and the protection of the environment should be ensured at all times.

Amendment 60 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2009/21/EC
Article 7 – paragraph 1

1. Member States shall take the necessary measures to undergo the IMO audit of their administration at least once every seven 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 61 #

Proposal for a directive
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 ~~seven~~three 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 62 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2009/21/EC
Article 7 – paragraph 2

2. Member States shall ensure that the Commission, assisted by EMSA, is allowed to participate as an observer in the IMO auditing process and, that any Audit report and the information on subsequent action taken is immediately made available to the Commission.deleted

Amendment 63 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

2. Member States shall ensure that the Commission, a~~ssisted by~~nd EMSA, is allowed to participate as an observer in the IMO auditing process and, that any Audit report and the information on subsequent action taken is immediately made available to the Commission.

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

2009/21/EC
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

2009/21/EC
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

2009/21/EC
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 #

Ljudmila NOVAK, Marian-Jean MARINESCU, Magdalena ADAMOWICZ

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b

Directive 2009/21/EC
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 68 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2009/21/EC
Article 9

(9) Article 9 ~~is deleted~~Reports and Review Every five years from the date of entry into force of this Directive, the Commission shall present a report to the European Parliament and to the Council on the application of this Directive. This report shall contain an assessment of the performance of the Member States as flag States. This report shall be accompanied, where appropriate, with a proposal for review of this Directive.

Amendment 69 #

Pierre KARLESKIND, Jan-Christoph OETJEN

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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 those~~European Community Shipowners’ Associations (ECSA), the European Transport Workers’ Federation (ETF) and all relevant stakeholder from the private sector.

Amendment 7 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Carmen AVRAM, Pietro BARTOLO

Proposal for a directive
Recital 1 a (new)

(1a) The welfare of workers in the maritime industry, ensuring fair labour conditions and adequate protection for seafarers should be guaranteed.

Amendment 70 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9a – paragraph 1 – subparagraph 2

The high level group on flag State matters shall be composed of representatives of the Member States and of the Commission, a~~ssisted by~~nd EMSA.

Amendment 71 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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

Directive 2009/21/EC
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

Directive 2009/21/EC
Article 9a –paragraph 2 – point ja (new)

(j a) make recommendations for a common approach to ensuring a 'genuine link' between the real owner of a vessel and the flag the vessel flies, in accordance with Article 91 (1) of UNCLOS37a. __________________ 37a UN General Assembly, Convention on the Law of the Sea, 10 December 1982

Amendment 74 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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 75 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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 76 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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 77 #

Pierre KARLESKIND, Jan-Christoph OETJEN

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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 78 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
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.

Amendment 79 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2009/21/EC
Article 9b – paragraph 4 (new)

The sharing and accessibility of the required data by Member States shall be implemented 2 years after entry into force of this Directive.

Amendment 8 #

Anja HAGA

Proposal for a directive
Recital 2 a (new)

(2a) Unsafe situations at sea can lead to accidents and shipping disasters, which can have an unprecedented impact on (vulnerable) marine ecosystems. Seas and oceans play a crucial role in regulating the Earth’s climate and are a huge carbon sink, and it is therefore essential to protect these ecosystems.

Amendment 80 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2009/21/EC
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

Member States shall adopt and publish, by ~~[OP: Please insert a date: one year~~nine 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 82 #

Proposal for a directive
Annex I

Directive 2009/21/EC
Annex

~~[...]~~deleted

Amendment 83 #

Proposal for a directive
Annex I

Directive 2009/21/EC
Annex

~~ANNEX~~deleted

Amendment 84 #

Proposal for a directive
Annex I

Directive 2009/21/EC
Annex

~~IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)~~deleted

Amendment 85 #

Proposal for a directive
Annex I

Directive 2009/21/EC
Annex

~~PART 1 – COMMON AREAS~~deleted

Amendment 86 #

Proposal for a directive
Annex I

Directive 2009/21/EC
Annex

~~PART 2 - FLAG STATES~~deleted

Amendment 87 #

Proposal for a directive
Annex I

Directive 2009/21/EC
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 #