Directive 2013/38 - Amendment of Directive 2009/16/EC on port State control - Main contents
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Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control Text with EEA relevance| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2013/38 |
| Original proposal | COM(2012)129  |
| CELEX number i | 32013L0038 |
| Document | 12-08-2013 |
|---|---|
| Publication in Official Journal | 14-08-2013; OJ L 218 p. 1-7 |
| Effect | 20-08-2013; Entry into force See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 21-11-2014; At the latest See Art 2 |
14.8.2013 |
EN |
Official Journal of the European Union |
L 218/1 |
DIRECTIVE 2013/38/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 August 2013
amending Directive 2009/16/EC on port State control
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
On 23 February 2006, the International Labour Organisation (ILO) adopted the Maritime Labour Convention, 2006 (MLC 2006), 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. |
(2) |
Council Decision 2007/431/EC (3) authorised Member States, in the interests of the European Community, to ratify MLC 2006. Therefore, Member States should ratify it as soon as possible. |
(3) |
Member States, when performing port State control inspections in accordance with Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (4) in relation to matters covered by Conventions which they have not yet ratified and which stipulate that every ship is subject to control by officers duly authorised when in a port of another contracting State or Party, should make every effort to comply with procedures and practices under those Conventions and should thus refrain from making reports relevant to port State control to the International Maritime Organisation (IMO) and/or the ILO. Member States which have not yet ratified an international convention covered by Directive 2009/16/EC at the time of its entry into force should make every effort to establish similar conditions on board their ships in accordance with the requirements of that Convention. |
(4) |
In order to ensure a harmonised approach to the effective enforcement of international standards by Member States when performing both flag and port State control inspections and to avoid friction between international and Union law, Member States should aim at ratifying the Conventions by the date on which they enter into force, at least those parts thereof falling under Union competence. |
(5) |
MLC 2006 sets out maritime labour standards for all seafarers regardless of their nationality and of the flag of the ships on which they serve. |
(6) |
For the purposes of Directive 2009/16/EC, it is preferable, rather than the terms ‘seafarer’ and ‘crew’ being defined, that those terms be understood in each instance in accordance with the way in which they are defined or understood in the relevant international conventions. In particular, for any matters relating to the enforcement of MLC 2006, the term ‘crew’ should be understood as referring to ‘seafarer’ as defined in MLC 2006. |
(7) |
For any matters covered by this Directive relating to the enforcement of MLC 2006, including for ships for which the International Safety Management Code is not applicable, references in Directive 2009/16/EC to ‘company’ should be understood to mean ‘shipowner’ as defined by the relevant provision of MLC 2006, since the latter definition better fits the specific needs of MLC 2006. |
(8) |
A substantial part of the MLC 2006 standards is implemented within Union law by means of Council Directive 2009/13/EC of 16 February... |
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