Considerations on COM(2020)586 - EU position in the International Maritime Organization on approval of a Model Agreement for the authorisation of Organisations acting on behalf of the Administration

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dossier COM(2020)586 - EU position in the International Maritime Organization on approval of a Model Agreement for the authorisation of ...
document COM(2020)586 EN
date October 23, 2020
 
table>(1)Action by the Union in the sector of maritime transport should aim to protect the marine environment and human health and to improve maritime safety.
(2)The Maritime Safety Committee of the International Maritime Organization (‘IMO’), during its 102nd session to be held from 4 to 11 November 2020 (‘MSC 102’), is expected to approve jointly with the Marine Environment Protection Committee of the IMO an MSC-MEPC.5 circular on a Model agreement for the authorization of recognized organizations acting on behalf of the Administration (the ‘MSC-MEPC.5 circular’).

(3)The Marine Environment Protection Committee of the IMO, during its 75th session to be held from 16 to 20 November 2020 (‘MEPC 75’), is expected to approve the MSC-MEPC.5 circular jointly with the Maritime Safety Committee of the IMO.

(4)It is appropriate to establish the position to be taken on behalf of the Union during MSC 102 and MEPC 75, as the approval of the MSC-MEPC.5 circular is capable of decisively influencing the content of Union law, namely Directive 2009/15/EC of the European Parliament and of the Council (1).

(5)The approval of the MSC-MEPC.5 circular, which supersedes circulars MSC/Circ.710 and MEPC/Circ.307, would update the Model agreement for the authorization of recognized organizations acting on behalf of the Administration and bring it into line with the Code for Recognized Organizations (IMO resolutions MSC.349(92) and MEPC.237(65)). That approval would contribute to increasing the accuracy, transparency and accountability of both the flag administration and recognised organisations at global level.

(6)The Union is neither a member of the IMO nor a contracting party to the relevant conventions and codes. The Council should therefore authorise the Member States to express the position of the Union.

(7)The scope of this Decision should be limited to the content of the MSC-MEPC.5 circular proposed, to the extent that that circular falls under the exclusive competence of the Union and may affect Union common rules. This Decision should not affect the division of competences between the Union and the Member States.

(8)Council Decision (EU) 2020/721 of 19 May 2020 (2) should be amended to include a reference to the approval of the MSC-MEPC.5 circular,