Maritime safety: The Council adopted positions in support of clean and modern maritime transport in the EU

The Council has adopted a number of positions (general approaches) in relation to four Commission proposals contained in the legislative package on maritime safety, which amend the following legislation:

• 2009 directive port state control From
• 2005 directive dealing with marine pollution caused by ships
• 2009 directive flag State requirements on execution
• 2009 directive in the maritime transport sector accident investigation From

We have made great efforts and managed to reach agreement on these proposals in the Council in record time. Today’s decisions form the basis for safer and cleaner maritime transport in Europe. By the end of the year we hope to make as much progress as possible in talks with Parliament on these important laws.

The Spanish Minister of Transport and Sustainable Mobility Óscar Puente

With the proposed revised directives it is necessary to strike an appropriate balance between the need to ensure, on the one hand high quality of shipment and, on the other, the need to protect the European maritime sector competitivenesskeeping costs reasonable for operators and Member State administrations.

Port State Control Directive

The aim of the proposed amendment to the Port State Control Directive is to:

• update and harmonize EU legislation with international standards and proceduresas set out in the Paris Memorandum of Understanding and the International Maritime Organization (IMO) conventions.
• to protect fishing boatstheir crews and the environment, including the introduction of a voluntary inspection regime for larger fishing vessels (over 24 meters in length)
• ensure during the execution of controls by the port State efficient and harmonized approach

The general orientation of the Commission proposal was maintained in the Council’s position. However, the Council proposes several changes, most of which aim to ensure clarity and coherence with international norms and procedures, in particular with the norms and procedures of the Paris Memorandum. It also clarifies the provisions on landlocked countries to avoid creating a disproportionate administrative burden for Member States that do not have seaports.

Directive on marine pollution from ships

The main objectives of the amendment to the Marine Pollution from Ships Directive are:

• extend the directive scope of to include illegal discharge of packaged harmful substances, ship sewage, ship waste, sewage and waste
• to establish punishments and a stronger legal framework for their application, allowing national authorities to take appropriate measures and impose administrative sanctions in cases of illegal dumping
• to separate administrative sanctions the criminal sanctioning procedure provided for by the new draft directive on environmental crime

The Council welcomed the general thrust of the Commission’s proposal and maintained it in its position. However, the Council has made several changes to ensure clarity and coherence with international standards and procedures, in particular with the standards and procedures of the International Convention for the Prevention of Pollution from Ships (MARPOL).

Furthermore, the Council stated more clearly that the proposal concerns only administrative sanctions, taking into account the different legal systems of the Member States. It has also been increased flexibility concerning the obligation of Member States to monitor and report pollution incidents in order to avoid excessive administrative burdens and to recognize the different situations of Member States in terms of geographical location, resources and capacities.

Directive on compliance with flag State requirements

The aim of the current directive is to ensure that Member States have sufficient funds for the correct, efficient and consistent fulfillment of the obligations of its flag State. The specific objectives of the change are:

• update the directive and bring it into line with international regulationsto ensure greater coherence and legal clarity, especially in relation to the IMO Legislation Implementation Code (Code III)
• guarantee the ships of the flag States adequate control and the control of recognized organizations acting on behalf of the flag State
• supply harmonized approach understand, measure and report on the performance and performance of flag State fleets

The general orientation of the Commission proposal was maintained in the Council’s position. However, the Council made several changes, most of which were necessary harmony be guaranteed by the Code III. The position is limited to the directive scope of with ships that have international certificates and carry out international voyages. The commission also has the power to create Ship information database for the issuing and control of electronic certificates. The use of the database is voluntary and Member States can continue to use existing databases. To avoid disproportionate administrative burdens Member States that do not have national registers or ships flying their flag that fall within the scope of the legislation have been made clear that they are not obliged to transpose the amended Directive.

Directive on accident investigations in the maritime transport sector

The purpose of the proposal is simplify AND explain the current procedure governing accident investigations in the shipping sector. Extension of the scope for smaller fishing vessels (together with other changes to the proposed directives on port state control and flag state requirements relating to such vessels) will improve the safety of fishing vessels in European waters.

The specific objectives of the proposal to amend the current Directive are:

• repair fishing boatsthe protection of crews and the environment, as fishing vessels under 15 meters in length now fall within the scope of the Directive, meaning that accidents involving casualties and losses of vessels are investigated in a systematic and harmonized way
• to specify definitions and legal provisions enabling naval accident investigation agencies in Member States to investigate all accidents requiring investigation in a timely and harmonized manner
• increase the capacity of investigative agencies investigating shipping accidents Conduct and report on accident investigations in a timely, competent and independent manner
• update several definitions and reference to relevant EU legislation and IMO regulations to ensure clarity and consistency

The Council maintained the general approach of the Commission proposal. However, the Council has made a number of changes to this proposal, the main objective of which is to enable investigative agencies investigating naval accidents to carry out accident investigations in a harmonized way across the EU by amending existing rules clearer and international regulations to be more consistent. Other changes aim to strengthen provisions on investigative bodies investigating shipping accidents independence and their conclusions confidentiality and reduce unnecessary administrative burdens.

Next steps

Following today’s adoption of the Council’s negotiating mandate (general guidelines), the Spanish Presidency will be able to start negotiations (trilogues) with the European Parliament. The Presidency intends to make as much progress as possible on these proposals by the end of the year.

General informations:

The proposals are part of a maritime safety package presented by the Commission on 1 June 2023. The five legislative proposals, one of which concerns the European Maritime Safety Agency (EMSA), aim to modernize the maritime safety rules of EU and to reduce water pollution caused by ships. With 75% of the EU’s external trade carried out by sea, maritime transport is not only the artery of a globalized economy, but is also vital to the EU’s islands and peripheral and remote maritime areas. Although maritime safety in EU waters is currently very high, with few casualties and no recent major oil spills, more than 2,000 shipping accidents and incidents are still reported every year. The proposals provide the EU with new tools to support clean and modern maritime transport. The proposals align EU legislation with international standards, ensuring a level playing field for the sector, while improving implementation and enforcement through digitalisation and increased cooperation at EU level. EMSA plays an important role in the implementation of the new requirements through the support it provides to Member State administrations in applying the new rules. A separate proposal makes changes to EMSA’s mandate and adds these new tasks.

As set out in the EU Green Deal, the Strategy for Sustainable and Smart Mobility and the Zero Pollution Action Plan, the Commission’s vision is to strive for emissions-free, pollution-free and accident-free maritime transport. The legislative package on maritime safety is one of the concrete results of the Commission’s commitment to sustainable and smart mobility. Clean technologies and fuels also support achieving the goals of the zero pollution and sustainability agenda.

• Directive on the investigation of accidents in the maritime transport sector, Council general approach, 4 December 2023

• Port State Control Directive, Council general approach, 4 December 2023

• Flag State Compliance Directive, Council general approach, 4 December 2023

• Directive on marine pollution from ships, Council general approach, 4 December 2023

• Amended Port State Control Directive, Commission proposal, 1 June 2023

• Amended Directive on marine pollution from ships, Commission proposal, 1 June 2023

• Amended Directive on compliance with flag State requirements, proposed by the Commission, 1 June 2023

• Amended Directive on the investigation of accidents in the maritime transport sector, Commission proposal, 1 June 2023

• European Green Deal, general information

• Zero Pollution Action Plan, general information

Meeting page
2023-12-04 17:44:20
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