Directive 2024/3100 - Amendment of Directive 2009/21/EC on compliance with flag State requirements - Main contents
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Directive (EU) 2024/3100 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/21/EC on compliance with flag State requirements| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/3100 |
| Regdoc number | PE(2024)83 |
| Original proposal | COM(2023)272  |
| CELEX number i | 32024L3100 |
| 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 |
Official Journal of the European Union |
EN L series |
2024/3100 |
16.12.2024 |
DIRECTIVE (EU) 2024/3100 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 November 2024
amending Directive 2009/21/EC on compliance with flag State requirements
(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) |
The safety of Union shipping and of citizens using it and the protection of the environment should be ensured at all times. |
(2) |
It is important to take into account the on-board living and working conditions of seafarers and the training and qualifications of seafarers, in line with Directive 2013/54/EU of the European Parliament and of the Council (3) and Directive (EU) 2022/993 of the European Parliament and of the Council (4), given that health, safety, security and the human factor are closely interlinked and that it is of utmost importance to prevent any damage caused by human error. |
(3) |
Under the provisions of the United Nations Convention on the Law of the Sea of 1982 (UNCLOS) and of the conventions for which the International Maritime Organization (IMO) is the depository (‘IMO Conventions’), the States which are party to those instruments are responsible for adopting laws and regulations and for taking all other measures which may be necessary to give those instruments full effect so as to ensure that, in terms of safety of life at sea and the protection of the marine environment, a ship is fit for the service for which it is intended. |
(4) |
To ensure the effectiveness of the IMO Conventions in the Union, all Member States should take the necessary measures to discharge the responsibilities and obligations laid down in those conventions with respect to ships flying their flag. To that end, Member States should discharge their responsibilities and obligations as flag States effectively and consistently in accordance with IMO Resolution A.1070(28) on the IMO Instruments Implementation Code (the ‘III Code’), adopted on 4 December 2013, which contains the mandatory provisions to be implemented by flag States. In accordance with Article 91(1) of UNCLOS, there must be a genuine link between a vessel and its flag State, as interpreted by international jurisprudence that is reflected in the duties of a flag State. |
(5) |
Without prejudice to the provisions concerning force majeure laid down in the IMO Conventions, Member States should be able to, in crisis situations that may endanger the physical integrity of personnel responsible for or performing surveys, inspections, audits and verifications, introduce restrictions on such activities, while allowing ships to continue to operate. |
(6) |
The following international instruments in their latest versions refer to the application of the III Code: the International Convention for the Safety of Life at Sea of 1974; the International Convention for the Prevention of Pollution from Ships of 1973, as modified by the Protocol of 1978 relating thereto; the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships of 1973, as modified by the Protocol of 1978 relating thereto; the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978; the International Convention on Load Lines of 1966, and the Protocol of 1988 relating thereto;... |
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