Considerations on COM(2023)663 - EU position in the International Maritime Organization on amendments to Guidelines, a list of obligations and the draft Assembly Resolution on “dark shipping”

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dossier COM(2023)663 - EU position in the International Maritime Organization on amendments to Guidelines, a list of obligations and the draft ...
document COM(2023)663
date October 27, 2023
 
(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 15(j) of the IMO Convention, the Assembly may adopt regulations and guidelines to Members concerning maritime safety, the prevention and control of marine pollution from ships and other matters concerning the effect of shipping on the marine environment assigned to the Organization by or under international instruments, or amendments to such regulations and guidelines which have been referred to it.

(4) The IMO’s Assembly, in its 33rd session from 27 November to 6 December 2023, is to adopt the Guidelines under the Harmonized System of Survey and Certification (HSSC), 2023, and revoke IMO Assembly resolution A.1156(32), which contains the HSSC Survey Guidelines, 2021, to adopt amendments to the Guidelines on the implementation of the ISM Code by Administrations, to the Non-exhaustive list of obligations under instruments relevant to the III Code and to the Guidelines on places of refuge for ships in need of assistance, as well as to adopt the draft Assembly Resolution to promote actions to prevent illicit operations of “dark shipping” in the maritime sector.

(5) It is appropriate to establish the position to be taken on the Union’s behalf during the 33rd session of the IMO’s Assembly, as the envisioned acts are capable of decisively influencing the contents of Union law, namely Regulation (EC) No 391/2009 on common rules and standards for ship inspection and survey organisations3, Regulation (EC) No 336/2006 which incorporates the International Safety Management Code (ISM Code) in the Union legislation4, the Directive 2009/21/EC on compliance with flag State requirements5, the Regulation 2002/59/EC establishing a Community vessel traffic and monitoring system6, the Council Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine7 and the Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine8.

(6) Therefore, the Union should support the adoption of the HSSC Survey Guidelines, 2023 and the revocation of the HSSC Survey Guidelines 2021 and the amendments to the non-exhaustive list of obligations under instruments relevant to the III Code because this will ensure that they remain up to date.

(7) The Union should support the amendments to Guidelines on the implementation of the ISM Code by Administrations to develop the guidance on assessments and applications of remote audits.

(8) The Union should support the amendments to the Guidelines on places of refuge for ships in need of assistance (resolution A.949(23)) so as to provide a clear framework, to deal with a ship seeking a place of refuge, in a consistent and harmonized manner.

(9) The Union should support the adoption of the draft Assembly Resolution to promote actions to prevent illicit operations of “dark shipping” in the maritime sector, which is expected to benefit the implementation of Articles 3eb and 3ec of Council Regulation 833/2014, to ensure that any measures introduced at IMO level to address “dark operations” the object or effect of which is to violate or circumvent sanctions is consistent with the measures applicable at Union level.

(10) The Union's position is to be expressed by the Member States of the Union that are members of the IMO, and by the Commission, acting jointly.