Considerations on COM(2023)181 - EU position in the International Maritime Organization on the adoption of amendments to several conventions and codes

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(1) The Convention on the International Maritime Organization (‘IMO’) entered into force on 17 March 1958.

(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 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.

(4) The Maritime Safety Committee, during its 107th session from 31 May to 9 June 2023, is to adopt amendments to chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974 and to the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code) and 2000 HSC Code, chapter XIV of the International Convention for the Safety of Life at Sea (SOLAS), 1974 and the International Code for Ships Operating in Polar Waters (Polar Code), the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW) and Code and the International Life-Saving Appliances (LSA) Code.

(5) It is appropriate to establish the position to be taken on the Union’s behalf during the 107th session of the Maritime Safety Committee, as the envisaged amendments to SOLAS chapter II-2 and the 1994 and 2000 HSC Codes, to chapter XIV of SOLAS Convention and the Polar Code, to STCW Convention and Code and to the LSA Code are capable of decisively influencing the contents of Union law, namely Regulation (EU) 2019/1021 on persistent organic pollutants3, Regulation (EU) 1257/2013 on ship recycling4, Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over5, Directive 2013/53/EU on recreational craft and personal watercraft6, Directive 2014/90/EU on marine equipment7, Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system8, Directive (EU) 2022/993 on the minimum level of training of seafarers9, Directive 2009/45/EC on safety rules and standards for passenger ships10.

(6) The envisaged amendments to SOLAS Chapter II-2 and the 1994 and 2000 HSC Codes will prohibit the use of fire-fighting foams containing PFOS in marine fire-fighting. The Union position should be to support these amendments, as PFOS was a harmful substance both to human health and to the marine environment.

(7) The amendments to SOLAS chapter XIV and the Polar Code will facilitate the mandatory application of certain provisions to fishing vessels and will make mandatory certain methodologies for determining a ship's operational capabilities in ice as an essential element of voyage planning. The Union position should be to support these amendments, as they will enhance the safety standards for non-SOLAS ships operating in Polar waters.

(8) The amendments to the STCW Convention and Code will address the use of electronic certificates pursuant to the STCW Convention and Code. The Union position should be to support these amendments, as digitalisation of STCW certificates would facilitate the work and reduce the administrative burden for flag Administrations, port State control officers and seafarers. It could also allow for a faster identification of fraudulent certificates.

(9) The amendments to the LSA Code will include new requirements for ventilation on survival craft other than totally enclosed lifeboats The Union position should be to support these amendments as they enhance safety requirements with respect to ventilation standards in totally enclosed lifeboats.