Considerations on COM(2024)74 - EU position in the International Maritime Organization during the 81st session of the Marine Environment Protection Committee and the 108th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention, the International Convention for the Safety of Life at Sea (SOLAS), the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels (IGF Code), the International Code of the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code), the International Life-Saving Appliance (LSA) Code, the International Code for Fire Safety Systems (FSS Code) and the Seafarers' Training, Certification and Watchkeeping (STCW) Code - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)74 - EU position in the International Maritime Organization during the 81st session of the Marine Environment Protection Committee ... |
|---|---|
| document | COM(2024)74  |
| date | March 20, 2024 |
(2) The IMO is a specialised agency of the United Nations with responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. All Union Member States are members of the IMO. The Union is not a member of the IMO.
(3) Pursuant to Article 38(a) of the Convention on the IMO, the Marine Environment Protection Committee performs such functions as are or may be conferred upon the IMO by or under international conventions for the prevention and control of marine pollution from ships, particularly with respect to the adoption and amendment of regulations or other provisions.
(4) Pursuant to Article 28(b) of the Convention on the IMO, the Maritime Safety Committee provides machinery for the performance of any duties assigned to it in accordance with that Convention, by the IMO Assembly or by the IMO Council, or any duty within the scope of that Article which may be assigned to the Maritime Safety Committee under any other international instrument and accepted by the IMO.
(5) The IMO’s Marine Environment Protection Committee, in its 81st session from 18 March to 22 March 2024, is to adopt amendments to article V of Protocol I of the International Convention for the Prevention of Pollution from Ships (MARPOL), Annex VI of MARPOL on low-flashpoint fuels and other fuel oil related issues, on accessibility of the data in the IMO Ship Fuel Consumption Database (IMO DCS), and on inclusion of data on transport work and enhanced level of granularity in the IMO DCS, and on the Ballast Water Management Convention.
(6) The IMO’s Maritime Safety Committee, in its 108th session from 15 May to 24 May 2024, is to adopt amendments to chapters II-1, II-2 and V of the International Convention for the Safety of Life at Sea (SOLAS), 1974, the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels (IGF Code), the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code), the International Life-Saving Appliance (LSA) Code, the International Code for Fire Safety Systems (FSS Code); and section A-VI/1 of the Seafarers' Training, Certification and Watchkeeping (STCW) Code.
(7) It is appropriate to establish the position to be taken on the Union’s behalf during the 81st session of the IMO’s Marine Protection Environment Committee, as the envisioned acts are capable of decisively influencing the contents of Union law, namely Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system3, Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector4, Directive (EU) 2016/802 relating to a reduction in the sulphur content of certain liquid fuels5, Regulation (EU) 2015/757 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport6, Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union7, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system8, Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport9, and Directive 2009/16/EC on port State control10.
(8) Therefore, the Union should support the amendments to article V of Protocol I of the International Convention for the Prevention of Pollution from Ships (MARPOL) because it is important to establish one single reporting system for the loss of containers, to avoid duplicative submission requirements and avoid confusion, which entails the risk of not reporting of containers lost at sea.
(9) The Union should support the amendments to Annex VI of MARPOL on low-flashpoint fuels and other fuel oil related issues, because they will resolve the requirement for testing and including flashpoint information on the Bunker Delivery Note (BDN) for low-flashpoint fuels, which was inconsistent with the recent amendments to SOLAS chapter II-2 adopted at MSC 106. The Union should also support the amendments to Annex VI of MARPOL on accessibility of the data in the IMO Ship Fuel Consumption Database (IMO DCS), and on inclusion of data on transport work and enhanced level of granularity in the IMO DCS because they optimise the use of DCS to the benefit of shipping’s decarbonisation policy-making and are a compromise amongst broader access to IMO DCS data and control thereof by the IMO Secretariat. On the one hand, analytical consultancies and research entities are granted access to DCS data subject to the approval of the IMO Secretariat and on the other, they provide the possibility for any company to disclose the DCS data of their ships to the general public on a voluntary basis.
(10) The Union should support the amendments to the Ballast Water Management Convention because they will increase the use of digitalisation on keeping electronic record books under the Convention.
(11) It is appropriate to establish the position to be taken on the Union’s behalf during the 108th session of the IMO’s Maritime Safety Committee, as the envisioned acts are capable of decisively influencing the contents of Union law, namely Directive 2009/45/EC on safety rules and standards for passenger ships11, Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system12, Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector13, Regulation (EU) No 530/2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers14, Directive 2014/90/EU on marine equipment15 and Directive (EU) 2022/993 on the minimum level of training of seafarers16.
(12) Therefore, the Union should support the amendments to chapters II-1, II-2 and V of the International Convention for the Safety of Life at Sea (SOLAS), 1974, because they will substantially increase safety ensuring that all new ships other than tankers, including passenger ships, of 20,000 gross tonnage and above have suitable equipment for towing in case or emergency, as well as enhancing in general the standards of fire safety of passenger ships, including ro-ro passenger ships, and the safety of oil fuel usage in passenger ships. They will also simplify the processing of container loss reports in order to comply with regulatory obligations, provide for a reporting requirement from the flag State to IMO, increase navigation safety and prevent pollution.
(13) The Union should support the amendments to the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels (IGF Code) because they will enhance the safety of ships, including passenger ships, using natural gas as fuel.
(14) The Union should support the amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code) because they will modify the Procedures for approval and certification of a firm engaged in thickness measurement of hull structures in the annexes of the 2019 amendments to the 2011 ESP Code, referring to the Administration rather than referring to an organization recognised by the Administration. This will help to clarify the procedure.
(15) The Union should support the amendments to the International Life-Saving Appliance (LSA) Code because they promote maritime safety by revising the lowering speed of survival craft and rescue boats for passenger ships, by ensuring a suitable in-water performance of lifejackets for the safety of seafarers and by increasing safety standards of single fall and hook systems with on-load release hooks by removing the exemptions provided in paragraph 4.4.7.6.17.
(16) The Union should support the amendments to the International Code for Fire Safety Systems (FSS Code) because they will present significant benefits to the safety of life at sea by enhancing fire safety of passenger ships, and in particular ro-ro passenger ships.
(17) The Union should support the amendments to the section A-VI/1 of the Seafarers' Training, Certification and Watchkeeping (STCW) Code because they will ensure a safe workplace for the seafarers by including in Section A-VI/1 on “Mandatory minimum requirements for safety familiarization, basic training and instruction for all seafarers” a new competence to “Contribute to the prevention of and response to bullying and harassment, including sexual assault and sexual harassment”.
(18) The Union's position is to be expressed by the Member States of the Union that are members of the IMO, and by the Commission, acting jointly.