Directive 2009/16 - Port State control (recast) - Main contents
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official title
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/16 |
| Original proposal | COM(2005)588  |
| CELEX number i | 32009L0016 |
| Document | 23-04-2009 |
|---|---|
| Publication in Official Journal | 28-05-2009; Special edition in Croatian: Chapter 07 Volume 014,OJ L 131, 28.5.2009 |
| Effect | 17-06-2009; Entry into force Date pub. + 20 See Art 38 |
| End of validity | 31-12-9999 |
| Transposition | 31-12-2010; At the latest See Art 36 |
28.5.2009 |
EN |
Official Journal of the European Union |
L 131/57 |
DIRECTIVE 2009/16/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
on port State control
(Recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 3 February 2009,
Whereas:
(1) |
Council Directive 95/21/EC of 19 June 1995 on port State control of shipping (4) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity. |
(2) |
The Community is seriously concerned about shipping casualties and pollution of the seas and coastlines of Member States. |
(3) |
The Community is equally concerned about on-board living and working conditions. |
(4) |
Safety, pollution prevention and on-board living and working conditions may be effectively enhanced through a drastic reduction of substandard ships from Community waters, by strictly applying Conventions, international codes and resolutions. |
(5) |
To this end, in accordance with Council Decision 2007/431/EC of 7 June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation (5), Member States should make efforts to ratify, for the parts falling under Community competence, that Convention as soon as possible, preferably before 31 December 2010. |
(6) |
Responsibility for monitoring the compliance of ships with the international standards for safety, pollution prevention and on-board living and working conditions lies primarily with the flag State. Relying, as appropriate, on recognised organisations, the flag State fully guarantees the completeness and efficiency of the inspections and surveys undertaken to issue the relevant certificates. Responsibility for maintenance of the condition of the ship and its equipment after survey to comply with the requirements of Conventions applicable to the ship lies with the ship company. However, there has been a serious failure on the part of a number of flag States to implement and enforce international standards. Henceforth, as a second line of defence against substandard shipping, the monitoring of compliance with the international standards for safety, pollution prevention and on-board living and working conditions should also be ensured by the port State, while recognising that port State control inspection is not a survey and the relevant inspection forms are not seaworthiness certificates. |
(7) |
A harmonised approach to the effective enforcement of these international standards by Member States in respect of ships sailing in the waters under their jurisdiction and using their ports should avoid distortions of competition. |
(8) |
The shipping industry is vulnerable to acts of terrorism. Transport security measures should be effectively implemented and Member States should vigorously monitor compliance with security rules by carrying out security checks. |
(9) |
Advantage should be taken of the experience gained during the operation of the Paris Memorandum of Understanding on Port State Control (Paris MOU), signed in Paris on 26 January 1982. |
(10) |
The European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of... |
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