The European transport ministers adopted, on Monday 4 December, their positions (‘general approaches’) on four texts on maritime safety: - port State control; - compliance with flag State requirements; - investigation of accidents in the maritime transport sector; - ship-source pollution (see EUROPE 13305/6).
“Today’s decisions set the baselines for safer and cleaner maritime transport in Europe”, said Óscar Puente, Spain’s Minister for Transport and Sustainable Mobility.
Port State control. This revision of the directive should align European legislation with the international rules and procedures set out in the Paris Memorandum of Understanding and the conventions of the International Maritime Organization (IMO).
In its general approach, the EU Council has clarified certain rules, in particular the provisions relating to landlocked countries, in order to avoid imposing a disproportionate administrative burden on Member States that do not have seaports.
To read the position: https://aeur.eu/f/9xu
Compliance with flag State requirements. The EU Council’s position reduces the scope of the directive compared to the initial proposal by limiting it to ships carrying international certificates and engaging in international voyages. It wants the European Commission to be tasked with setting up a database containing information on ships for the issue and verification of electronic certificates.
Use of this database will be optional and Member States may continue to use their existing databases. To avoid imposing a disproportionate administrative burden on Member States that do not have national registers or ships flying their flag falling within the scope of the legislation, transposition of the Directive would not be mandatory.
To read the position: https://aeur.eu/f/9xw
Ship-source pollution. The aim of this revision is to extend the scope of the directive to cover illegal discharges of harmful substances in packaged form, sewage, garbage and discharged waters and residues, and to establish a stronger legal framework for penalties and enforcement.
The EU Council has introduced a number of changes to ensure clarity and consistency with international rules and procedures, in particular those of the International Convention for the Prevention of Pollution from Ships (MARPOL).
The EU Council has made it clearer that the proposal concerns only administrative penalties, given the differences between the legal systems of the Member States. Greater flexibility has also been introduced with regard to Member States’ obligations to verify and report pollution incidents in order to avoid imposing an excessive administrative burden and to take into account the diversity of Member States’ situations in terms of geographical location, resources and capabilities.
To read the position: https://aeur.eu/f/9xy
Investigation of accidents. The proposal aims to simplify and clarify the existing regime governing the investigation of accidents in the maritime transport sector. It also extends the scope of application to small fishing vessels of less than 15 metres.
The EU Council has enhanced the capacity of accident investigation bodies to carry out harmonised investigations throughout the EU, making the existing rules clearer and more consistent with international regulations.
It has strengthened the provisions regarding the independence of accident investigation bodies and the confidentiality of their findings, and to reduce unnecessary administrative burdens.
To read the position: https://aeur.eu/f/9y0
However, Adina Vălean, the European Commissioner for Transport, strongly criticised the EU Council’s positions during the public debate. “Digitalisation is the sine qua non for reducing the administrative burden, and not mentioning it is incomprehensible to anyone living in 2023”, she said. She claimed that the EU Council’s texts on flag and port state were “a step backwards”.
For its part, the European Parliament will determine its position on Thursday 7 December. (Original version in French by Anne Damiani)