2012/0062(COD)
Port State control: aligning the Directive to the Maritime Labour Convention requirements
Next event: 2013/07/01 Indicative plenary sitting date, 1st reading/single reading
| EMPL | TRAN | |
| Lead Rapporteur | SIMPSON Brian (S&D) | |
| Opinion Rapporteur(s) |
Legal basis: TFEU TFEU 100-p2
Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Indicative plenary sitting date, 1st reading/single reading 2013/07/01
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | EMPL | ||
| Lead | TRAN | SIMPSON Brian (S&D) | KOUMOUTSAKOS Georgios (EPP), MEISSNER Gesine (ALDE), TAYLOR Keith (Verts/ALE), ROSBACH Anna (ECR), WILS Sabine (GUE/NGL) |
Legal Basis TFEU TFEU 100-p2
Activites
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2013/07/01
Indicative plenary sitting date, 1st reading/single reading
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2013/01/23
Committee report tabled for plenary, 1st reading/single reading
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A7-0394/2012
summary
The Committee on Transport and Tourism adopted the report by Brian SIMPSON (S&D, UK) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control. The committee recommends that the European Parliaments position adopted at first reading, under the ordinary legislative procedure, should amend the Commission proposal as follows: Application of the Directive: Members aim to clarify 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 Maritime Labour Convention (MLC), 2006. Inspections: Members consider that it is necessary to take account of the recommendations drawn up under the Paris Memorandum of Understanding, by following the recommendations set out in the detailed guidelines for inspectors carrying out inspections under the MLC. Non-conformity with the requirements of the Convention: Member propose a separate Article making clear that action should be taken whenever cases of non conformity with MLC requirements are identified, irrespective of whether these originate from a complaint. Complaints: the amendments aim 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. The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The amendments stipulate that 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 seafarers ship has called. In such cases, the inspector shall undertake an initial investigation followed by a more detailed investigation if necessary. The inspector shall, where appropriate, seek to promote a resolution of the complaint at ship-board level. Where a complaint has not been resolved following action taken in accordance with the Directive, the port State shall transmit a copy of the inspectors report to the Director-General of the International Labour Organisation. 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. Suppression of deficiencies and detainement of ships : the amended text states that 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. 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. Transposition: Members propose reducing from 12 months to one month the transposition period so that the Member States will be able to comply fully with the Directive on the date the Convention enters into force. Delegated acts: the proposed amendments on this issue reflect Parliaments usual position that delegation should not be for an indefinite period but for a period of five years from the date of entry into force of this Directive and that the Commission should report on how it has used its powers before an extension is considered.
- EMPL
- TRAN TRAN/7/09186 SIMPSON Brian S&D
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A7-0394/2012
summary
- 2012/11/27 Vote in committee, 1st reading/single reading
- #3196
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2012/10/29
Council Meeting
- 2012/10/23 Amendments tabled in committee
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2012/10/22
Amendments tabled in committee
- PE497.910
- 2012/09/17 Committee draft report
- 2012/07/11 Economic and Social Committee: opinion, report
- #3171
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2012/06/07
Council Meeting
- 2012/03/29 Committee referral announced in Parliament, 1st reading/single reading
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2012/03/23
Legislative proposal
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COM(2012)0129
summary
PURPOSE: to amend Directive 2009/16/EC on port State control in order to align it to the requirements of the Maritime Labour Convention adopted in 2006. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: on 23 February 2006, the International Labour Organisation adopted the Maritime Labour Convention (MLC), desiring to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour conventions. The MLC, adopted in 2006, provides comprehensive rights and protection at work for all seafarers regardless of their nationality and the flag of the ship. It aims to both achieve decent working conditions for seafarers and secure fair competition for quality shipowners. It sets out seafarers' rights to decent conditions of work on a wide range of subjects, and has been designed to be globally applicable, easily understandable, updatable and uniformly enforced. Council Decision 2007/431/EC has authorised the Member States to ratify the Convention. Member States should ratify it as soon as possible. Port State control is regulated at EU level by Directive 2009/16/EC, which aims at helping to drastically reduce substandard shipping. In addition, Directive 2009/13/EC implements certain standards of the MLC within Union law. While Directive 2009/16/EC already refers to the MLC and to ILO standards, it needs to be updated to take into account the new documents and arrangements brought in by the MLC. This initiative is part of the EU policy on the maritime professions. It follows from the Communication entitled Strategic goals and recommendations for the EU's maritime transport policy until 2018, and the White Paper on the Roadmap to a Single European Transport Area Towards a competitive and resource efficient transport system, which highlights the importance of a social agenda for the maritime transport. The proposal is closely linked to the proposal for a directive concerning the flag State responsibilities for the enforcement of Directive 2009/13/EC. IMPACT ASSESSMENT: a full public consultation offered an opportunity for Member States and stakeholders to express their views in June 2011. There was a general consensus on the need for updating the legislation related to flag State and port State in order to enforce the MLC requirements. The specific positive effects which were underlined consisted of reinforcing maritime safety, improving quality shipping, making the conditions of competition fairer between EU and non EU operators and between EU and non EU flags. Stakeholders also mentioned the better job quality for all seafarers. LEGAL BASIS: Article 100(2) TFEU. CONTENT : the proposal aims to amend the port State control Directive in order to: include the maritime labour certificate and the declaration of maritime labour compliance among the documents to be checked by inspectors; extend the scope of inspections to new items (for ex, the existence of an adequate labour contract signed by both parties for each seafarer with the required clauses in the contract); extend the scope of investigation in case of complaints and provide the adequate procedure. Further to Joint Political Declarations, the Commission is now considering the need for explanatory documents on a case by case basis. By virtue of the principle of proportionality, explanatory documents have not been deemed justified in the present proposal since it modifies only a limited number of legal obligations of an existing directive. Thus, the proposal does not include the recital on explanatory documents. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
- DG {u'url': u'http://ec.europa.eu/dgs/transport/index_en.htm', u'title': u'Mobility and Transport'}, KALLAS Siim
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COM(2012)0129
summary
Documents
- Legislative proposal published: COM(2012)0129
- Economic and Social Committee: opinion, report: CES1600/2012
- Committee draft report: PE494.856
- Amendments tabled in committee: PE497.910
- Amendments tabled in committee: PE498.063
- Committee report tabled for plenary, 1st reading/single reading: A7-0394/2012
| Amendments | Dossier |
| 28 |
2012/0062(COD) Port State control: aligning the Directive to the Maritime Labour Convention requirements
2012/10/23
TRAN
28 amendments...
Amendment 23 #
Proposal for a directive Recital 6 a (new) (6a) The Paris Memorandum of Understanding on Port State Control 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 Memorandum of Understanding, 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 Union Member States, along with the European Commission, and the International Maritime Organisation and the International Labour Organisation are represented as observers.
Amendment 24 #
Proposal for a directive Recital 6 a (new) (6a) Ships flying the flag of a State which has not ratified one or more of the Conventions listed under Article 2(1) should be liable to a higher frequency of periodic inspections to reflect their increased risk.
Amendment 25 #
Proposal for a directive Recital 8 a (new) (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 Maritime Labour Convention when it enters into force. The European Maritime Safety Agency (EMSA) and the States that have signed the Paris Memorandum of Understanding (MOU) on Port State Control should promote the issue of training inspectors for the purposes of the Maritime Labour Convention.
Amendment 26 #
Proposal for a directive Recital 9 (9)
Amendment 27 #
Proposal for a directive Recital 9 a (new) (9a) When adopting delegated acts for matters related to MLC 2006, compliance with the provisions of MLC 2006 should be verified.
Amendment 28 #
Proposal for a directive Article 1 – point -1 (new) Directive 2009/16/EC Article 1 – point a (-1) In Article 1, point (a) is replaced by: ‘(a) adopting the enforcement of the provisions of the international Conventions as defined in Article 2 (1) of this Directive as a responsibility of the competent authorities of the Member States and increasing compliance with international and relevant Union legislation on maritime safety, maritime security, protection of the marine environment and on-board living and working conditions of ships of all flags;’
Amendment 29 #
Proposal for a directive Article 1 – point 1 – point a a (new) Directive 2009/16/EC Article 2 – point 1 – point i a (new) (aa) in point 1, the following point (ia) is added: ‘(ia) International Convention for the Control and Management of Ships’ Ballast Water and Sediments, (BWM 2004);’
Amendment 30 #
Proposal for a directive Article 1 – point 1 – point a b (new) Directive 2009/16/EC Article 2 – point 1 – point i b (new) (ab) in point 1, the following point (ib) is added: ‘(ib) Convention on Limitation of Liability for Maritime Claims (LLMC 1976);’
Amendment 31 #
Proposal for a directive Article 1 – point 1 – point a c (new) Directive 2009/16/EC Article 2 – point 1 – point i c (new) (ac) in point 1, the following point (ic) is added: ‘(ic) International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS 2001);’
Amendment 32 #
Proposal for a directive Article 1 – point 1 – point b Directive 2009/16/EC Article 2 – point 3 ‘
Amendment 33 #
Proposal for a directive Article 1 – point 1 a (new) Directive 2009/16/EC Article 3 – paragraph 1 – subparagraph 1 (1a) In Article 3(1), subparagraph 1 is replaced by the following: ‘1. This Directive shall apply to any ship and its crew in waters within the jurisdiction of a Member State.’
Amendment 34 #
Proposal for a directive Article 1 – point 1 b (new) Directive 2009/16/EC Article 3 – paragraph 1 – subparagraph 2 and 3 (1b) In Article 3(1), subparagraphs 2 and 3 are deleted.
Amendment 35 #
Proposal for a directive Article 1 – point 4 a (new) Directive 2009/16/EC Article 13 – introductory phrase 4a. In Article 13, 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 Memorandum of Understanding, as follows:’
Amendment 36 #
Proposal for a directive Article 1 – point 4 a (new) Directive 2009/16/EC Article 13 – paragraph 2 a (4a) In Article 13, the following paragraph is added: ‘(2a) Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance as prima facie evidence of compliance with the requirements of this Convention (including seafarers’ rights). Accordingly, the inspection in its ports shall be limited to a review of the certificate and declaration except, after the inspection referred to in article 13 point 1, the inspector finds that: (a) the required documents are not produced or maintained or are falsely maintained or that the documents produced do not contain the information required by this Convention or are otherwise invalid; or (b) there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention; or (c) there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention; or (d) there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention.’
Amendment 37 #
Proposal for a directive Article 1 – point 4 b (new) Directive 2009/16/EC Article 13 – final paragraph 4b. The following paragraph is added to Article 13: ‘3a. Where ships have a high risk profile within the meaning of Annex I, the more detailed inspection shall consist of checking of compliance with the requirements concerning all the points listed in the preceding paragraph. Where ships have a normal or low risk profile, the more detailed inspection shall consist of checking of compliance with requirements confined to points giving cause for serious doubts concerning non- compliance or infringement.’
Amendment 38 #
Proposal for a directive Article 1 – point 5 a (new) Directive 2009/16/EC Article 15 – paragraph 1 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 Memorandum of Understanding.’
Amendment 39 #
Proposal for a directive Article 1 – point 7 Directive 2009/16/EC Article 18a – paragraph -1 (new) (7) In Article 18 a, the following paragraph is added: ‘-1. A complaint by a seafarer alleging a breach of the requirements of the Maritime Labour 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 complaint shall be subject to a rapid initial assessment.’
Amendment 40 #
Proposal for a directive Article 1 – point 7 a (new) Directive 2009/16/EC Article 19 – paragraph 1 (7a) Article 19(1) is replaced by the following: ‘1. The competent authority shall be satisfied that any deficiencies confirmed or revealed by the inspection or initial assessment are, or will be, rectified in accordance with the Conventions.’
Amendment 41 #
Proposal for a directive Article 1 point 9 a (new) Directive 2009/16/EC Article 24 – paragraph 4 – subparagraph 2 (9a) In Article 24(4), subparagraph 2 is replaced by the following: ‘Member States and, in particular, port state control authorities directly, as well as the Council of Ministers and the European Parliament, shall have access to all the information recorded in the inspection database which is relevant for implementing the inspection procedures of this Directive.’
Amendment 42 #
Proposal for a directive Article 1 – point 9 b (new) Directive 2009/16/EC Article 25 – point 5 (9b) In Article 25, point 5 is replaced by the following: ‘– information on apparent anomalies in accordance with Article 23 as well as on compliance with other safety and environmental legislation.’
Amendment 43 #
Proposal for a directive Article 1 – point 10 Directive 2009/16/EC Article 27 – paragraph 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
Amendment 44 #
Proposal for a directive Article 1 – point 13 a (new) Directive 2009/16/EC Annex I – point II 2 – introductory phrase 13a. In point II 2 of Annex I, the introductory part is replaced by the following: ‘Ships to which the following overriding factors apply shall be inspected regardless of the period since their last periodic inspection. However, the need to undertake an additional inspection on the basis of unexpected factors is left to the professional judgement of the inspector. Except where serious doubts exist and the overriding factor is due to the fact that the flag State has not ratified any international convention, an inspection may not be carried out unless the ship concerned has not undergone a periodic inspection within the last six months.’
Amendment 45 #
Proposal for a directive Article 1 – point 13 b (new) Directive 2009/16/EC Annexe I – point II 2B – introductory phrase 13b. In point II 2B of Annex I, the introductory part is replaced by the following: ‘Ships to which the following unexpected factors apply may be subject to inspection if no periodic inspection has been carried out within the last six months, other than in cases of serious doubt. The decision to undertake such an additional inspection is left to the professional judgement of the competent authority.’
Amendment 46 #
Proposal for a directive Article 1 – point 14 Directive 2009/16/EC Annex I – point II 2B Amendment 47 #
Proposal for a directive Article 1 – point 14 Directive 2009/16/EC Annex I – point II 2B Amendment 48 #
Proposal for a directive Article 1 – point 14 Directive 2009/16/EC Annex I – point II 2B Amendment 49 #
Proposal for a directive Article 1 – point 17 Directive 2009/16/EC Annex X – point 3.10, point 9 a (new) (17) In Annex 10, point 3.10, the following point is added: ‘9a. Each Member State shall ensure that its Port State Control Officers are given guidance, of the kinds of circumstances justifying detention of a ship under the above items (8) and (9).’
Amendment 50 #
Proposal for a directive Article 2 – paragraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1
source: PE-498.063
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History
(these mark the time of scraping, not the official date of the change)
| activities/10/date | changed |
Old
2013-06-11New
2013-07-01 |