REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control

23.1.2013 - (COM(2012)0129 – C7‑0081/2012 – 2012/0062(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Brian Simpson

Amendments

• 001-033 (PDF - 182 KB)
• 001-033 (DOC - 174 KB)
• 034-034 (PDF - 211 KB)
• 034-034 (DOC - 111 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control

(COM(2012)0129 – C7‑0081/2012 – 2012/0062(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0129),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0081/2012),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 11 July 2012[1],

–   having consulted the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A7-0394/2012),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a directive Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) The application and/or interpretation of this Directive should under no circumstances lead to a reduction in the level of protection enjoyed by workers under Union legislation.
Justification
While minimum international standards are highly desirable, they should not be used to undermine the level of protection currently enjoyed by European seafarers. This is particularly important given the objective of encouraging more European citizens to take up maritime careers.
Amendment  2 Proposal for a directive Recital 6 a (new)
Text proposed by the Commission	Amendment
	(6a) The Paris Memorandum of Understanding on Port State Control (Paris MOU) seeks to improve maritime safety through coordinated inspection of foreign ships calling at European ports, employing more fully harmonised procedures for inspections to establish conformity with the international conventions in force. In order to benefit from the expertise underlying the Paris MOU, the recommendations should be taken into account, in particular the guides for inspectors drawn up within the Paris MOU organisation, in which 27 countries serve, 22 of which are Member States of the Union, along with the European Commission, and in which the International Maritime Organisation and the International Labour Organisation are represented as observers.
Amendment  3 Proposal for a directive Recital 6 b (new)
Text proposed by the Commission	Amendment
	(6b) Ships flying the flag of a State which has not ratified one or more of the conventions listed in point 1 of Article 2 of Directive 2009/16/EC should be liable to a higher frequency of periodic inspections to reflect their increased risk.
Justification
The ratification of international Conventions provides a certain guarantee in relation to standards of ship safety, environmental and social protection. For this reason it is appropriate for the EU to provide mechanisms incentivising ratification in order to eliminate substandard ships and to encourage a more level-playing field for shipping.
Amendment  4 Proposal for a directive Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) The inspection of the living and working conditions of seafarers on board and of their professional qualifications requires an increase in the number of inspectors with specific areas of expertise. Furthermore, it is necessary to ensure appropriate training for inspectors so that they are able to carry out the checks provided for in the Convention when it enters into force. The European Maritime Safety Agency (EMSA) and the States that have signed the Paris MOU should promote the issue of training inspectors for the purposes of the Convention.
Amendment  5 Proposal for a directive Recital 9
Text proposed by the Commission	Amendment
(9) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex VI to Directive 2009/16/EC containing the list of the ‘Instructions’ adopted by the Paris MOU, with a view to keeping the procedures applicable and enforceable in the territory of the Member States, in line with those agreed upon at international level. The possibility for the Commission to swiftly update those procedures would contribute to achieving a global level-playing field for shipping. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.	(9) In order to allow the Commission to update the relevant procedures swiftly, thereby contributing to the achievement of a global level playing field for shipping, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex VI to Directive 2009/16/EC containing the list of the ‘Instructions’ adopted by the Paris MOU, with a view to keeping the procedures applicable and enforceable in the territory of the Member States, in line with those agreed upon at international level and taking into account the ILO Guidelines for port State control officers carrying out inspections under the Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment  6 Proposal for a directive Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) When adopting delegated acts concerning matters related to the Convention, compliance with the provisions of the Convention should be verified.
Amendment  7 Proposal for a directive Article 1 – point 1 – point a a (new) Directive 2009/16/EC Article 2 – point 1 – point i a (new)
Text proposed by the Commission Amendment   (aa) in point 1, the following point (ia) is added:   ‘(ia) the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, (BWM 2004);’
Justification
This amendment is intended to update the list of Conventions relevant to Port State Control.
Amendment  8 Proposal for a directive Article 1 – point 1 – point a b (new) Directive 2009/16/EC Article 2 – point 1 – point i b (new)
Text proposed by the Commission Amendment   (ab) in point 1, the following point (ib) is added:   ‘(ib) the Convention on Limitation of Liability for Maritime Claims (LLMC 1976);’
Justification
This amendment is intended to update the list of Conventions relevant to Port State Control.
Amendment  9 Proposal for a directive Article 1 – point 1 – point a c (new) Directive 2009/16/EC Article 2 – point 1 – point i c (new)
Text proposed by the Commission Amendment   (ac) in point 1, the following point (ic) is added:   ‘(ic) the International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS 2001);’
Justification
This amendment is intended to update the list of Conventions relevant to Port State Control.
Amendment  10 Proposal for a directive Article 1 – point 1 – point b Directive 2009/16/EC Article 2 – point 3
Text proposed by the Commission Amendment ‘or its up-to-date version.’ ‘in its up-to-date version.’
Amendment  11 Proposal for a directive Article 1 – point 2 Directive 2009/16/EC Article 3 – paragraph 5
Text proposed by the Commission Amendment 5. The application and/or interpretation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers under Union social legislation. 5. The application and/or interpretation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers under Union social legislation nor be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in this Directive.
Justification
Reflecting Article 19 paragraph 8 of the Constitution of the International Labour Organisation, which is cited in the preamble to the Convention and also appears in recital 13 of Directive 2009/13/EC.
Amendment  12 Proposal for a directive Article 1 – point 4 a (new) Directive 2009/16/EC Article 13 – introductory wording
Text proposed by the Commission Amendment   4a. In Article 13 is amended as follows:   (a) the introductory sentence is replaced by the following:   ‘Member States shall ensure that ships which are selected for inspection in accordance with Article 12 are subject to an initial inspection or a more detailed inspection, taking into account in particular the recommendations on ship inspections drawn up under the Paris MOU, as follows:’   (b) the following point (ca)is added:   ‘(ca) verifies that the working and living conditions for seafarers on ships meet the requirements of the Convention.’   (c) the following paragraph is added:   ‘3a. Where clear grounds, as referred to in paragraph 3, include at least one of those set out in points 16, 17, 18 or 18a of Part A of Annex V, the more detailed inspection shall include checking compliance with the requirements relating to:   (a) minimum age;   (b) medical certification;   (c) the seafarers’ qualification;   (d) the seafarers’ employment agreements;   (e) use of any licensed, certified or regulated private recruitment and placement service;   (f) hours of work or rest;   (g) manning levels for the ship;   (h) accommodation;   (i) the on-board recreational facilities;   (j) food and catering;   (k) health and safety and accident prevention;   (l) on-board medical care;   (m) on-board complaint procedures;   (n) payment of wages.’
Justification
The recommendations drawn up under the Paris Memorandum of Understanding are intended to establish harmonised procedures for coordinated inspection of foreign ships calling at European ports. This MOU is a source of expertise that should be taken advantage of, not least by following the recommendations set out in the detailed guidelines for inspectors carrying out inspections under the Convention. The amendment to paragraph 1 reflects Regulation 5.2.1, paragraph 4 of the Convention while paragraph 3a reflects standard A5.2.1, paragraph 2 and Appendix A5-III.
Amendment  13 Proposal for a directive Article 1 – point 5 a (new) Directive 2009/16/EC Article 15 – paragraph 1
Text proposed by the Commission Amendment   5a. In Article 15, paragraph 1 is replaced by the following:   ‘1. Member States shall ensure that their inspectors follow the procedures and guidelines specified in Annex VI and that they also follow the recommendations on ship inspection drawn up under the Paris MOU.’
Justification
The recommendations drawn up under the Paris Memorandum of Understanding are intended to establish harmonised procedures for coordinated inspection of foreign ships calling at European ports. The Paris MoU is a source of expertise that should be turned to account, not least by following the recommendations set out in the detailed guidelines for inspectors carrying out inspections under the Maritime Labour Convention, 2006.
Amendment  14 Proposal for a directive Article 1 – point 6 a (new) Directive 2009/16/EC Article 17 a (new)
Text proposed by the Commission Amendment   (6a) The following Article is inserted:   ‘Article 17a   Non-conformity with the requirements of the Convention   1. Where the working and living conditions on the ship are found not to conform to the requirements of the Convention , the inspector shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification.   In the event that the inspector considers such deficiencies to be significant or if they relate to a possible complaint under point 18a of Part A of Annex V, the inspector shall also bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organisations in the Member State in which the inspection is carried out, and may:   (a) notify a representative of the flag State;   (b) provide the competent authorities of the next port of call with the relevant information.   2. In respect of matters concerning the Convention or any other ILO convention, the Member State in which the inspection is carried out shall have the right to transmit a copy of the inspector’s report, which shall be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the ILO with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties which might be interested in availing themselves of relevant recourse procedures.’
Justification
A separate Article makes clear that action should be taken whenever cases of non conformity with MLC requirements are identified, irrespective of whether these originate from a complaint.
The wording is based on standard A5.2.1, paragraphs 4 and 5 of the Convention.
Amendment  15 Proposal for a directive Article 1 – point 6 b (new) Directive 2009/16/EC Article 18 – paragraph 4
Text proposed by the Commission Amendment   (6b) In Article 18, paragraph 4 is replaced by the following:   ‘The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers including ensuring confidentiality during any interviews of crew members.’
Justification
In line with paragraph 7 of standard A5.2.2 of the Convention, protection for the seafarer needs to go wider than simply maintaining confidentiality with regard to the master or shipowner.
Amendment  16 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – title
Text proposed by the Commission Amendment Complaints related to the Maritime Labour Convention Convention complaints handling procedures
Justification
For clarity.
Amendment  17 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph -1 (new)
Text proposed by the Commission Amendment   -1. A complaint by a seafarer alleging a breach of the requirements of the Convention (including seafarers’ rights) may be reported to an inspector in the port at which the seafarer’s ship has called. In such cases, the inspector shall undertake an initial investigation.
Justification
Based on paragraph 1 of standard A5.2.2 of the Convention.
Amendment  18 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph -1 a (new)
Text proposed by the Commission Amendment   -1a. Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaints procedures provided under Regulation 5.1.5 of the Convention have been pursued. The inspector may also conduct a more detailed inspection in accordance with Article 13(3).
Justification
Based on paragraph 2 of standard A5.2.2 of the Convention.
Amendment  19 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph -1 b (new)
Text proposed by the Commission Amendment   -1b. The inspector shall, where appropriate, seek to promote a resolution of the complaint at ship-board level.
Justification
Based on paragraph 3 of standard A5.2.2 of the Convention.
Amendment  20 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph -1 c (new)
Text proposed by the Commission Amendment   -1c. In the event that the initial investigation or the more detailed inspection reveals a non-conformity that falls within the scope of Article 19, the provisions of that Article shall apply.
Justification
Based on paragraph 4 of standard A5.2.2 of the Convention.
Amendment  21 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph 1
Text proposed by the Commission Amendment 1. Where a complaint related to matters covered by the Maritime Labour Convention has not been resolved at the ship-board level, the port State control officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action. A report of the inspection shall be transmitted by electronic means to the inspection database referred to in Article 24. 1. Where paragraph -1c does not apply and a complaint related to matters covered by the Convention has not been resolved at the ship-board level, the port State control officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action to be submitted by the flag State. A report of the inspection shall be transmitted by electronic means to the inspection database referred to in Article 24.
Justification
To align more closely with paragraph 5 of standard A5.2.2 of the Convention.
Amendment  22 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. Where a complaint has not been resolved following action taken in accordance with paragraph 1, the port State shall transmit a copy of the inspector’s report to the Director-General of the International Labour Organisation. The report shall be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organisations in the port State shall be similarly informed.
Justification
Reflecting standard A5.2.2, paragraph 6 of the Convention.
Amendment  23 Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18 a – paragraph 2 b (new)
Text proposed by the Commission Amendment   2b. Statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General of the International Labour Organisation.
Justification
To ensure that a record is kept of such information and that it is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures.
Amendment  24 Proposal for a directive Article 1 – point -8 (new) Directive 2009/16/EC Article 19 – paragraph 1
Text proposed by the Commission Amendment   (-8) In Article 19, paragraph 1 is replaced by the following:   ‘1. The competent authority shall be satisfied that any deficiencies confirmed or revealed by the inspection or investigation are, or will be, rectified in accordance with the Conventions.’
Justification
Reflecting standard A5.2.2 of the Convention. Paragraph 1 refers to ‘initial investigation’ while paragraph 4 refers to ‘investigation’ and ‘inspection’. Both investigations and inspections need to be recognised within the Directive.
Amendment  25 Proposal for a directive Article 1 – point -8 a (new) Directive 2009/16/EC Article 19 – paragraph 2
Text proposed by the Commission Amendment   (-8a) In Article 19, paragraph 2 is replaced by the following:   ‘2. In the case of deficiencies which are clearly hazardous to safety, health, [...] the environment or the security of seafarers, or where there is non-conformity which constitutes a serious or repeated breach of the requirements of the Convention (including seafarers’ rights), the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained or that the operation in the course of which the deficiencies are revealed is stopped. The detention order or stoppage of an operation shall not be lifted until the hazard is removed or until such authority establishes that the ship can, subject to any necessary conditions, including the acceptance of a plan of action to rectify such non-conformity which the authority is satisfied will be implemented in an expeditious manner, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.’
Justification
Reflecting more closely the first part of standard A5.2.1, paragraph 6 of the Convention.
Amendment  26 Proposal for a directive Article 1 – point -8 b (new) Directive 2009/16/EC Article 19 – paragraph 3 a (new)
Text proposed by the Commission Amendment   (-8b) In Article 19 the following paragraph is inserted:   ‘3a. If the ship is prevented from sailing, the inspector shall immediately notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a prescribed deadline.’
Justification
Reflecting the second part of standard A5.2.1, paragraph 6 of the Convention.
Amendment  27 Proposal for a directive Article 1 – point 10 Directive 2009/16/EC Article 27 – paragraph 2
Text proposed by the Commission Amendment Implementing powers shall be conferred on the Commission to establish the modalities of publication of the information referred to in the above paragraph, the criteria for aggregating the relevant data and the frequency of updates. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 31(2). Implementing powers shall be conferred on the Commission to establish the modalities of publication of the information referred to in the above paragraph, the criteria for aggregating the relevant data and the frequency of updates. Those implementing acts shall be adopted in accordance with the examination procedure under Article 5 of Regulation (EU) No 182/2011.
Justification
The present directive refers to the old regulatory procedure. The amended directive should mention the examination procedure as laid down in Article 5 of Regulation (EU) No 182/2011 on the Commission’s exercise of implementing powers, whereby regulatory procedures are converted into examination procedures.
Amendment  28 Proposal for a directive Article 1 – point 11 Directive 2009/16/EC Article 30 b – paragraph 2
Text proposed by the Commission Amendment 2. The delegation of power referred to in Article 30a shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive. 2. The delegation of power referred to in Article 30a shall be conferred on the Commission for a period of five years from the date of entry into force of this Directive. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. Provided that report has been drawn up, the delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.
Justification
Reflecting Parliament’s usual position that delegation should not be for an indefinite period and that the Commission should report on how it has used its powers before an extension is considered.
Amendment  29 Proposal for a directive Article 1 – point 12 Directive 2009/16/EC Article 31 – paragraph 1
Text proposed by the Commission Amendment 1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No 1406/2002 of the European Parliament and the Council. That Committee shall be a committee withing the meaning of Regulation (EU) No 182/2011. 1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No 1406/2002 of the European Parliament and the Council. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment  30 Proposal for a directive Article 1 – point 16 Directive 2009/16/EC Annex V – part A – point 18
Text proposed by the Commission Amendment 18. The ship has changed flag for the purpose of avoiding compliance with the MLC. 18. There are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with the Convention.
Justification
To align with standard A5.2.1, paragraph 1 (c) of the Convention.
Amendment  31 Proposal for a directive Article 1 – point 16 Directive 2009/16/EC Annex V – part A – point 18 a (new)
Text proposed by the Commission Amendment   18a. There is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of the Convention.
Justification
To align with standard A5.2.1, paragraph 1 (d) of the Convention.
Amendment  32 Proposal for a directive Article 1 – point 17 Directive 2009/16/EC Annex X – point 3.10 – point 9 a (new)
Text proposed by the Commission Amendment   9a. Violation of fundamental rights and principles or seafarers’ employment and social rights under Articles III and IV of the MLC, being:   (1) the fundamental rights to:   (a) freedom of association and effective recognition of the right to collective bargaining;   (b) the elimination of all forms of forced or compulsory labour;   (c) the effective abolition of child labour;   (d) the elimination of discrimination in respect of employment and occupation;   (2) employment and social rights, as follows:   (e) every seafarer has the right to a safe and secure workplace that complies with safety standards;   (f) every seafarer has a right to fair terms of employment;   (g) every seafarer has a right to decent working and living conditions on board ship;   (h) every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection.
Justification
To reflect Articles III and IV of the Convention in line with paragraph 2 of Guideline B5.2.1.
Amendment  33 Proposal for a directive Article 2 – paragraph 1
Text proposed by the Commission	Amendment
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 12 months after the date of entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.	Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than one month after the date of entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Justification
Many EU Member States will have ratified the Maritime Labour Convention within the first 30 signatories (or soon after) and in any case will have been working on the implementation of the Convention for several years and therefore will be able to comply fully with the Directive on the date the Convention enters into force. The transposition of the Directive into national law can run concurrently with the 12 month period for the Convention to enter into force following the 30th signatory. This approach would be consistent with the spirit of the social partners’ agreement.

• [1]  OJ C 299, 4.10.2012, p. 153.

EXPLANATORY STATEMENT

the maritime labour convention

The Maritime Labour Convention (MLC) was adopted by the International Labour Organisation (ILO) on 23 February 2006. It covers the minimum requirements for seafarers to work on board a ship (title I of the MLC), conditions of employment (title II), accommodation, recreational facilities, food and catering (title III), health protection, medical care, welfare and social security protection (title IV) and compliance and enforcement (title V). It will replace 37 existing ILO maritime Conventions and related Recommendations adopted since 1920 and represent the first comprehensive maritime labour code for more than 1.2 million seafarers worldwide.

The ILO received the 30th ratification of the MLC on 20 August 2012, enabling it to go into effect a year later. Nine Member States (Bulgaria, Cyprus, Denmark, Latvia, Luxembourg, the Netherlands, Poland, Spain and Sweden) were among these first 30 ratifications as were Croatia, Norway and Switzerland.

Council Directive 2009/13/EC of 16 February 2009, implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF), has already aligned European legislation with the relevant provisions of Titles I, II, III and IV of the MLC. However, the European social partners did not have the power to include the enforcement provisions contained in Title V of the MLC in this Agreement so the current proposal is required. It is closely associated with the Proposal concerning the flag State responsibilities for the enforcement of Directive 2009/13/EC (COM(2012)134).

Overall assessment

Parliament has long supported measures to establish minimum standards for working and living conditions on board ships. Given the global nature of the shipping industry, it is appropriate that such standards be applicable to the entire industry. The measures to ensure compliance, contained in title V, have a particularly important role to play in achieving these objectives. Substandard ships are unacceptable both in view of workers’ rights and for the sake of ship safety, security and environmental protection.

Ship owners, masters and flag States are responsible for ensuring that ships comply with the relevant rules. However, not all flag States enforce such provisions effectively. This failure to fulfil their commitments allows some ships to sail in an unsafe condition, which threatens lives as well as the marine environment.

It is therefore appropriate for the EU to provide mechanisms to verify that the relevant standards are applied on board all ships calling at EU ports, regardless of the nationality of the seafarers or the ship’s flag. This also provides a means to limit social dumping, which undermines working conditions and penalises shipowners who are offering decent working conditions in compliance with ILO rules.

The MLC’s ‘no more favourable treatment’ clause is particularly important in this context. Under this clause, ships that fly the flag of a State that has not ratified the Convention should not receive more favourable treatment than those ships flying the flag of a State that has ratified it. This clause will make a valuable contribution to ensuring a level-playing field for shipping.

At the same time, Parliament has also emphasised the importance of enhancing the attractiveness of the maritime professions to European citizens, including by improving working and living conditions on board ships. While minimum international standards are very welcome, care needs to be taken to ensure that they do not provide any excuse to reduce existing levels of protection under European social legislation.

Proposed amendments

In addition to the amendments making clear that minimum international standards do not provide any reason to undermine existing European standards when those are higher, other proposed amendments seek to align the text of the Port State Control Directive more closely with that of the MLC. A further series of amendments seeks to ensure that information is transmitted to the International Labour Organisation so as to promote the spread of best practice. There are also proposals to strengthen clauses concerning the confidentiality of complaints so as to reduce the risk that seafarers may feel inhibited about lodging complaints for fear of subsequently suffering adverse consequences.

Given the importance of ensuring that EU law matches the Union’s external commitments and that Member States have had since 2006 to prepare the necessary national legislation, it also seems appropriate to shorten the transposition period so that Member States will be in full compliance when the MLC enters into force.

Finally, as Directive 2009/16/EC is being amended for the first time since the entry into force of the Treaty of Lisbon, new rules on delegated and implementing powers are required. The proposed amendment on this point reflects Parliament’s usual position that delegation should not be for an indefinite period and that the Commission should report on how it has used its powers before an extension is considered.

further action required

While early ratification of the MLC and transposition of the amended Directive are important, creating an adequate legislative framework is not sufficient. Member States must also recruit an adequate number of inspectors with the necessary skills, including the ability to assess seafarers’ living and working conditions on board ships. The European Maritime Safety Agency has an important role to play in training inspectors to carry out MLC control functions.

PROCEDURE

Title	Port State control
References	COM(2012)0129 – C7-0081/2012 – 2012/0062(COD)
Date submitted to Parliament	23.3.2012
Committee responsible        Date announced in plenary	TRAN 29.3.2012
Committee(s) asked for opinion(s)        Date announced in plenary	EMPL 29.3.2012
Not delivering opinions        Date of decision	EMPL 20.4.2012
Rapporteur(s)        Date appointed	Brian Simpson 23.4.2012
Discussed in committee	9.10.2012	26.11.2012
Date adopted	27.11.2012
Result of final vote	+: –: 0:	35 4 0
Members present for the final vote	Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Erik Bánki, Izaskun Bilbao Barandica, Philip Bradbourn, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Bogusław Liberadzki, Gesine Meissner, Hubert Pirker, Olga Sehnalová, Brian Simpson, Keith Taylor, Giommaria Uggias, Peter van Dalen, Artur Zasada, Roberts Zīle
Substitute(s) present for the final vote	Phil Bennion, Spyros Danellis, Markus Ferber, Dominique Riquet, Alfreds Rubiks, Sabine Wils
Date tabled	23.1.2013