Decision 2022/2078 - EU position within the International Maritime Organization’s Maritime Safety Committee during its 106th session and within the International Maritime Organization’s Marine Environment Protection Committee during its 79th session as regards the amendment of the International Convention for the Safety of Life at Sea (SOLAS), of the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (the ‘2011 ESP Code’) and of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL)

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1.

Current status

This decision has been published on October 28, 2022 and entered into force on October 24, 2022.

2.

Key information

official title

Council Decision (EU) 2022/2078 of 24 October 2022 on the position to be taken on behalf of the European Union within the International Maritime Organization’s Maritime Safety Committee during its 106th session and within the International Maritime Organization’s Marine Environment Protection Committee during its 79th session as regards the amendment of the International Convention for the Safety of Life at Sea (SOLAS), of the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (the ‘2011 ESP Code’) and of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL)
 
Legal instrument Decision
Number legal act Decision 2022/2078
Regdoc number ST(2022)12627
Original proposal COM(2022)439 EN
CELEX number i 32022D2078

3.

Key dates

Document 24-10-2022; Date of adoption
Publication in Official Journal 28-10-2022; OJ L 280 p. 12-14
Effect 24-10-2022; Entry into force Date of document See Art 5
End of validity 31-12-9999

4.

Legislative text

28.10.2022   

EN

Official Journal of the European Union

L 280/12

 

COUNCIL DECISION (EU) 2022/2078

of 24 October 2022

on the position to be taken on behalf of the European Union within the International Maritime Organization’s Maritime Safety Committee during its 106th session and within the International Maritime Organization’s Marine Environment Protection Committee during its 79th session as regards the amendment of the International Convention for the Safety of Life at Sea (SOLAS), of the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (the ‘2011 ESP Code’) and of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

Action by the Union in the sector of maritime transport should aim to improve maritime safety and to protect the marine environment and human health.

 

(2)

The Maritime Safety Committee of the International Maritime Organization (IMO) is expected to adopt, during its 106th session (‘MSC 106’) from 2 to 11 November 2022, amendments to Chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS) and to the International Code on the enhanced programme of inspections during surveys of Bulk carriers and Oil tankers, 2011 (the ‘2011 ESP Code’).

 

(3)

The Marine Environment Protection Committee of the IMO is expected to adopt, during its 79th session (‘MEPC 79’) from 12 to 16 December 2022, amendments to Regulation 14 of the International Convention for the Prevention of Pollution from Ships (MARPOL) and to Appendices VII and IX of Annex VI to MARPOL.

 

(4)

It is appropriate to establish the position to be taken on the Union’s behalf during MSC 106, as the amendments to Chapter II-2 of SOLAS and to the 2011 ESP Code are capable of decisively influencing the content of Union law, namely Directive 2009/45/EC of the European Parliament and of the Council (1) and Regulation (EU) No 530/2012 of the European Parliament and of the Council (2).

 

(5)

The amendments to Chapter II-2 of SOLAS will take into account oil fuel suppliers who have failed to meet the flashpoint requirements, actions against oil fuel suppliers that have been found to deliver oil fuel that does not comply with minimum flashpoint requirements, and documentation of the flashpoint of the actual fuel batch when bunkering. The Union should support those amendments as they will enhance the safety of ships.

 

(6)

The amendments to the 2011 ESP Code are intended to implement stricter requirements for survey of ballast tanks and void spaces in order to address the safety issues that were identified during the flag State’s marine safety investigation of the loss of the bulk carrier MV Stellar Daisy in 2017. The Union should support those amendments as they will enhance the safety of ships.

 

(7)

It is appropriate to establish the position to be taken on the Union’s behalf during MEPC 79, as the amendments to Regulation 14 of MARPOL and to Appendices VII and IX of Annex VI to MARPOL are capable of decisively influencing the content of Union law, namely Regulation (EU) 2015/757 of the European Parliament and of the Council (3) and Directive (EU) 2016/802 of the European Parliament and of the Council (4).

 

(8)

The amendments to Regulation 14 of MARPOL and to Appendix VII of Annex VI to MARPOL concern the designation of the Mediterranean Sea, as a whole, as an Emission Control Area for Sulphur Oxides (Med SOX ECA). The Union should support those amendments as that...


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5.

Original proposal

 

6.

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