Considerations on COM(2022)202 - EU position within the Port State Control Committee of the Paris Memorandum of Understanding on port State control regarding the membership of Russia of the organisation - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)202 - EU position within the Port State Control Committee of the Paris Memorandum of Understanding on port State control regarding ... |
|---|---|
| document | COM(2022)202  |
| date | April 29, 2022 |
(2) Directive 2009/16/EC of the European Parliament and of the Council 1 , sets out the Union's legal regime on port State control, reformulating and reinforcing the previous Union legislation in this field in place since 1995. The Union’s legal regime is based on the Paris MOU.
(3) As regards the Union Member States, Directive 2009/16/EC effectively brings the procedures, tools and activities of the Paris MOU within the scope of Union law. By virtue of that Directive, certain decisions taken by the appropriate competent body of the Paris MOU become binding on the Union Member States.
(4) It is appropriate to establish the position to be taken on the Union's behalf in the Paris MOU, as the envisaged acts will be capable of decisively influencing the content of Union law, namely Directive 2009/16/EC. Pursuant to Article 218(9) of the TFEU, the position to be adopted on behalf of the Union in a body set up by an agreement, when that body is called upon to adopt acts having legal effects is to be adopted by a Council Decision, on a proposal from the Commission.
(5) The European Council adopted its conclusions of 24 February 2022, condemning in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. At its meeting on 24-25 March 2022, the European Council set out that Russia’s war of aggression against Ukraine grossly violates international law and reiterated the demand that Russia immediately stop its military aggression in the territory of Ukraine.
(6) In the context of the Russian Federation invasion of Ukraine, on 14 March 2022 the Paris MOU Secretariat received a letter from the Ukrainian Minister of Infrastructure. In the letter, the Paris MOU is requested not to unduly detain Ukraine-flagged vessels following port State control inspections, to exclude the Russian Federation from the Paris MOU and not to recognize certificates issued on behalf of the Russian Federation Maritime Administration.
(7) In relation to the first request not to unduly detain Ukrainian vessels, on 2 March 2022 the Paris MOU issued PSCircular 101 (Guidance on repatriation of seafarers due to situation in Ukraine) which addresses this matter. PSCircular 101 informs member authorities that there is a need to apply flexibility under the current circumstances, including with respect to seafarer repatriation, the Maritime Labour Convention 2006, certificates issued under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and medical certificates. If developments make it necessary, the Paris MOU can consider further adjustments to PSCircular 101. This position should be communicated to the Ukrainian authorities.
(8) In relation to the request regarding the membership of the Russian Federation, it should be noted that the Russian Federation has been excluded from access to and use of the THETIS PSC targeting tool and inspection database provided for under Article 24 of Directive 2009/16/EC. This means that Russian Federation participation in the work of the Paris MOU has already been severely limited and without access to that database the Russian Federation cannot effectively discharge its obligations under the Paris MOU.
(9) Neither the Memorandum nor any of the policy instructions contain any procedure or mechanism to remove members from the Paris MOU. Apart from exclusion from the Paris MOU, an alternative is to suspend membership until further notice. While the immediate effect would be similar to exclusion, this is less permanent. However, no provision has been included in the Memorandum for suspension either. Suspension allows for further consideration of the need for complete exclusion from the Paris MOU and it could be reversed if the circumstances change.
(10) The European Union, as a global actor, is at the centre of efforts at the UN 2 and other multilateral fora and processes to hold the Russian Federation accountable for their unprovoked and unjustified invasion of Ukraine, to reverse the invasion, and to ensure a return to full respect for the sovereignty, independence, and territorial integrity of Ukraine within its internationally recognised borders. The unprovoked and unjustified act of aggression by Russia against Ukraine is a serious violation of Article 2(4) of the UN Charter, which prohibits the threat or use of force against the territorial integrity or political independence of any State.
(11) In light of the above, in view of the gravity of the situation, and for as long as the Russian Federation does not abide by the principles of the UN Charter and its international obligations, it is appropriate to suspend the Russian Federation’s Membership of the Paris MOU in accordance with Article 62(3) of the Vienna Convention on the Law of Treaties, in response to Russia's unprovoked and unjustified invasion of Ukraine.
(12) In relation to the third request not to recognise certificates issued by the Russian Federation Maritime Administration, these Certificates are issued in accordance with the international conventions and that the Russian Federation remains a member of the International Maritime Organisation and that the Paris MOU does not have competence to derecognise such certificates. This position should be communicated to the Ukrainian authorities.
(13) The Union is not a contracting party to the Paris MOU. The Union's position is thus to be expressed by the Member States of the Union that are members of the Paris MOU acting jointly.
(14) It is therefore necessary to authorise the Member States to act in accordance with the position to be adopted on behalf of the Union.
(15) Cooperation with other third country members of the Paris MOU (Canada, Iceland, Norway and the United Kingdom) within the PSCC are essential in reaching a decision to suspend Russian Federation membership of the Paris MOU.