Directive 2024/3099 - Amendment of Directive 2009/16/EC on port State control - Main contents
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Directive (EU) 2024/3099 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/16/EC on port State control| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/3099 |
| Regdoc number | PE(2024)86 |
| Original proposal | COM(2023)271  |
| CELEX number i | 32024L3099 |
| Document | 27-11-2024; Date of signature |
|---|---|
| Signature | 27-11-2024 |
| Effect | 05-01-2025; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 06-07-2027; See Art 2.1 |
Official Journal of the European Union |
EN L series |
2024/3099 |
16.12.2024 |
DIRECTIVE (EU) 2024/3099 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 November 2024
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) |
Directive 2009/16/EC of the European Parliament and of the Council (3) sets out rules on the system for port State control inspections, whereby eligible ships calling at Union ports are inspected to check whether the competence of the crew on board and the condition of the ship and its equipment comply with the requirements of international conventions on the safety of life at sea, on the protection of the marine environment and on living and working conditions on ships of all flags. |
(2) |
Directive 2009/16/EC is based on the pre-existing voluntary agreement of the Paris Memorandum of Understanding on port State control signed on 26 January 1982 (the ‘Paris MoU’) and the notions of a shared inspection burden, risk-based targeting of ships for inspections, harmonised inspections and the sharing of inspection results. |
(3) |
Since Directive 2009/16/EC entered into force, there have been changes in the international regulatory environment, in particular in the Paris MoU and the International Maritime Organisation (IMO), and technological developments. Those changes as well as the experience gained from the implementation of Directive 2009/16/EC should be taken into account. |
(4) |
A number of international conventions have been ratified by the Member States and have entered into force since 2011. Those are the International Convention for the Control and Management of Ships’ Ballast Water and Sediments adopted on 13 February 2004 (the ‘BWM Convention’) and the Nairobi International Convention on the Removal of Wrecks adopted on 18 May 2007 (the ‘Nairobi Convention’).Those international conventions should therefore be included in the list of Conventions covered by Directive 2009/16/EC, to allow them to be enforced as part of the port State control system. |
(5) |
To allow for an up-to-date and harmonised system of port State control, it is necessary to have a swifter way to update the list of international conventions enforced by port State control without the need to amend Directive 2009/16/EC in its entirety. Therefore, once an agreed level of ratification is reached for an international Convention, thus triggering its entry into force, and following its adoption by the State signatories of the Paris MoU as a relevant instrument, the list of Conventions referred to in Directive 2009/16/EC should be updated by the Commission. |
(6) |
The Hong Kong International Convention for the safe and environmentally sound recycling of ships adopted on 15 May 2009 (the ‘Hong Kong Convention’) will enter into force on 26 June 2025. Directive 2009/16/EC should provide for the enforcement of that Convention. |
(7) |
International agreements and conventions in fisheries, such as the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the ‘Cape Town Agreement’), the International Labour Organisation Convention 188 on Work in Fishing of 2007 and the... |
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