# EUR-Lex - 52012PC0129 - EN

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# 52012PC0129

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2009/16/EC on port State control /* COM/2012/0129 final - 2012/0062 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Maritime Labour Convention (MLC), 2006
was adopted by the International Labour Organisation (ILO) with a quasi
unanimous vote on 23 February 2006 in Geneva. It applies to international
shipping and covers essential matters such as the minimum requirements for
seafarers to work on board a ship (title I of the MLC), conditions of
employment (title II of the MLC), accommodation, recreational facilities, food
and catering (title III of the MLC), health protection, medical care, welfare
and social security protection (title IV) and compliance and enforcement (title
V) in order to guarantee decent working and living conditions on board ships,
as well as procedures to implement these provisions. The Convention can be
considered as the first maritime labour code for more than 1.2 million
seafarers worldwide, as well as for shipowners and maritime nations around the
world.

The EU Member
States and the Commission have supported the ILO work on this matter from the
outset. The EU sees a valuable input in the MLC which aims at establishing a
level playing field in the worldwide maritime industry by setting common
minimum standards for all flags and seafarers. In this respect, the EU has
already adopted Council Decision 2007/431/EC of 7 June 2007 authorising Member
States to ratify, in the interest of the European Community, the Maritime
Labour Convention, 2006, of the International Labour Organisation[1]. Some Member States have
already ratified it (Spain, Bulgaria, Luxembourg, Denmark, Latvia, the Netherlands)
and others are about to do so. On the substance, the Member States national
legislations are generally more protective and detailed than the ILO standards.
To maintain the consistency between the international and national standards
and to ratify the Convention, an extensive and time consuming screening of the
national legislations is the prerequisite.

At this stage,
22 countries have ratified the MLC representing more than 45% of the world
fleet tonnage while 30 ratifications and 33% of the world fleet tonnage are
required by the MLC to enter into force.

The EU also
adopted Council Directive 2009/13/EC of 16 February 2009, implementing the
Agreement concluded by the European Community Shipowners’ Associations (ECSA)
and the European Transport Workers’ Federation (ETF) on the Maritime Labour
Convention, 2006, and amending Directive 1999/63/EC[2]. Directive 2009/13/EC
constitutes an outstanding achievement of the sectoral social dialogue.

To this end it
is foreseen, on the one hand, to require Member States to apply Directive
2009/13/EC when they wield their powers as flag States. As things stand,
through Directive 2009/13/EC, European legislation has been put in line with
the international standards fixed by the MLC. This took up the relevant
provisions of the MLC establishing rights for seafarers contained in its Titles
I, II, III and IV above mentioned.

However, the
European social partners, wishing to implement their agreement by means of a Council
decision on the basis of Article 155 TFEU, do not have the power to include in
their Agreement the enforcement provisions contained in Title V of the MLC and
asked the Commission to act in this respect. The present initiative aims
precisely to do so on the port State responsibilities.

This initiative
is part of the EU policy on the maritime professions. In fact, as stated by the
Commission in its Communication to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions -
Strategic goals and recommendations for the EU's maritime transport policy
until 2018[3],
there is a genuine EU interest in enhancing the attractiveness of the maritime
professions to Europeans by means of actions that involve, where appropriate,
the Commission, the Member States and the industry itself. This fully applies
to the implementation of the MLC which considerably improves working and living
conditions on board ships. The Communication underlines that the agreement
between EU social partners on the implementation of key elements of this
Convention demonstrates the wide support within the industry in this field and
that, therefore, action of the EU and its Member States should aim to:

– move towards rapid
ratification of the MLC by Member States and the early adoption of the
Commission’s proposals based on the social partners' agreement for implementing
its key elements in EU law;

– ensure the effective
enforcement of the new rules by means of adequate measures, including flag and
port State control requirements.[4]

The White Paper on the Roadmap to a Single
European Transport Area – Towards a competitive and resource efficient
transport system[5]
highlights the importance of a social agenda for the maritime transport to both
promote jobs and enhance safety and the Staff Working Document accompanying the
White Paper foresees a proposal to ensure effective enforcement of the MLC.

This proposal is closely associated with
the Proposal for a Directive of the European Parliament
and of the Council concerning the flag State responsibilities for the
enforcement of Directive 2009/13/EC.

1.1.        The Maritime Labour
Convention

As generally
acknowledged and explicitly stated by the ILO, the shipping industry is “the
world’s first genuinely global industry” which “requires an international
regulatory response of an appropriate kind – global standards applicable to the
entire industry”.

The MLC, adopted in 2006, provides
comprehensive rights and protection at work for all seafarers regardless of
their nationality and the flag of the ship.

The MLC aims to both achieve decent working
conditions for seafarers and secure fair competition for quality shipowners. It
sets out seafarers' rights to decent conditions of work on a wide range of
subjects, and has been designed to be globally applicable, easily
understandable, updatable and uniformly enforced. It has also been designed to
become a global instrument known as the "fourth pillar" of the
international regulatory regime for quality shipping, complementing the three
key Conventions of the International Maritime Organization (IMO): the
International Convention for the Safety of Life at Sea (SOLAS Convention), the
International Convention on Standards of Certification, Training and Watch
keeping (STCW Convention) and the International Convention for the Prevention
of Pollution from Ships (MARPOL Convention).

It contains
four Titles dealing with the seafarers’ rights: Title 1 on minimum requirements
for seafarers to work on board a ship; Title 2 on conditions of employment;
Title 3 on accommodation, recreational facilities, food and catering; Title 4
on health protection, medical care, welfare and social security protection.

Moreover, the MLC, in its Title 5, contains
mechanisms to improve supervision at all levels: the ship, the company, the
flag State, the port State, the labour supplying State and the ILO system for a
global and uniform compliance and verification. Indeed, together with a sound
corpus of rules, a more effective enforcement and compliance system was needed
in order to eliminate substandard ships for the sake of ship safety and
security and environmental protection.

Therefore the EU has to provide means,
through flag State and port State control to ensure that the relevant MLC
maritime labour standards are applied on board all ships calling at EU ports,
regardless of the nationality of the seafarers.

The enforcement of the MLC standards through
flag State and port State control has also to be seen as a way to limit social
dumping, which deteriorates working conditions on board, and penalises
shipowners offering decent working conditions complying with the ILO rules.

1.2.        The MLC Port State control
responsibilities

The responsibility for ensuring that ships comply with the
provisions of the relevant instruments rests upon the owners, masters and the
flag States. However, some flag States fail to properly enforce such
provisions. They therefore fail to fulfil their commitments contained in agreed
international legal instruments or are being too lax in applying shipping
standards and subsequently some ships are sailing in an unsafe condition,
threatening the lives as well as the marine environment. In reaction to this
matter of fact, this has led to the establishment of port state control.

Port States, as a system of harmonised inspection procedures, can
exercise jurisdiction on those vessels calling at their ports and constitute a
“safety net” to catch substandard ships with the main objective of their
eventual elimination. In this context, it is imperative to develop close
co-operation between flag States and port States.

As things stand, there are already port State control inspections
covering social standards based on ILO conventions in particular under the
Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147)
which refers to:

_ Minimum Age Convention, 1973 (No. 138);

_ Minimum Age (Sea) Convention (Revised), 1936 (No. 58);

_ Minimum Age (Sea) Convention, 1920 (No. 7);

_ Medical Examination (Seafarers) Convention, 1946 (No. 73);

_ Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)
(Articles 4 and 7);

_ Accommodation of Crews Convention (Revised), 1949 (No. 92);

_ Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)
(Article 5);

_ Officers’ Competency Certificates Convention, 1936 (No. 53)
(Articles 3 and 4)

- Seamen's articles of agreement Convention, 1926 (No 22)

- Repatriation of Seamen Convention, 1926 (No 23)

- Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No 87)

- Right to Organize and Collective Bargaining Convention, 1949 (No
98)

These conventions have been consolidated into the MLC, 2006, but
they are still in force, since some parties might be willing to continue
applying them without ratifying the MLC.

The MLC contains provisions on port State control, requiring
compliance checks with its requirements on foreign
ships calling at State parties' ports. Port States intervene as the second line
of defence to enforce the MLC and to contribute to eliminating substandard
shipping. The Convention also contains a "no more favourable treatment”
clause. Under this clause, each State-party shall implement its
responsibilities under the Convention in such a way so as to ensure that the
ships that fly the flag of any State that has not ratified the Convention do
not receive more favourable treatment than the ships that fly the flag of any
State that has ratified it. This clause should encourage uniformity in
connection with inspections and effectively contribute to a sound level-playing
field for shipping.

In practice,
the MLC defines a specific and simple procedure. An initial inspection is
carried out to check the documents delivered by the flag State (the maritime labour certificate and a declaration
of maritime labour compliance) and to make a tour of the ship to get an
overview of the crew and ship’s condition including
engine room and accommodation and see whether they meet the appropriate
standards. Depending on the professional judgement of
port State control inspectors identifying clear grounds that ships conditions
do not meet the international standards, more detailed inspections can be
performed, especially in cases where the deficiencies would constitute clear
hazard to the safety, health or security of seafarers as required by the MLC.

All complaints regarding conditions on board will be investigated
thoroughly and action will be taken as deemed necessary by the port State
control officer. If necessary, the ship will be detained until appropriate
corrective action is taken.

ILO,
like IMO, is an international rule-maker with a universal impact by means of
continuous system of international conventions, rules, codes and
recommendations. However, ILO has no direct authority on board of the ships and
further legislation was needed at EU and national level.

1.3         Current EU legislation

1.3.1      Directive 2009/16/EC on
Port State control[6]

At EU level,
Directive 2009/16/EC aims at helping to drastically
reduce substandard shipping by means of:

(a) increasing compliance with international
and relevant EU legislation on maritime safety, maritime security, protection
of the marine environment and on-board living and working conditions of ships
of all flags;

(b) establishing common criteria for
inspecting ships by the port State and harmonising procedures on inspection and
detention, building upon the expertise and experience under the Paris
Memorandum of Understanding (Paris MoU[7]);

(c) implementing within the EU a port State
control system based on the inspections performed within the Union and the
Paris MoU region, aiming to inspect all ships with a frequency depending on
their risk profile, with ships posing a higher risk being subject to a more
detailed inspection carried out at more frequent intervals.

1.3.2      Directive 2009/13/EC

Following the agreement
between the EU social partners, Directive 2009/13/EC implements certain standards
of the MLC within Union law. Its annex, in particular, has incorporated the
relevant elements of Titles 1, 2, 3 and 4 of the MLC on the minimum requirements
to work on board ships (medical certificate, minimum age, training and
qualifications), the conditions of employment (seafarer's employment
agreements, repatriation, compensation for the ship's loss or foundering,
manning level, career and skill development and opportunities for seafarers'
employment), provisions on accommodation, recreational facilities, food and
catering, the provisions on health protection, medical care and welfare
including the shipowners' liability and access to shore based facilities and
lastly the provisions on onboard complaint procedures.

Except as expressly
provided otherwise, Directive 2009/13/EC applies to all ships whether publicly
or privately owned, ordinarily engaged in commercial activities, other than
ships engaged in fishing or in similar pursuits and ships of traditional build
such as dhows and junks.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES

The EU Member States actively took part in
the MLC negotiations together with the Commission which organised the co-ordination
of the EU positions. All EU member States adopted the MLC in 2006.

In addition, a fully fledged public
consultation offered an opportunity for Member States and stakeholders to
express their views in June 2011.

There was a general consensus on the need
for updating the legislation related to flag State and port State in order to
enforce the MLC requirements.

The specific positive effects which were
underlined were reinforcing maritime safety, improving quality shipping, making
the conditions of competition fairer between EU and non EU operators and
between EU and non EU flags.

Stakeholders also mentioned the better job
quality for all seafarers, namely EU seafarers working on board EU flagged
vessels, EU seafarers working on board non EU flagged ships, even beyond the
EU, for non EU seafarers working on board non EU flagged ships.

The Task Force on Maritime Employment and
Competitiveness, an independent body set up by Vice-President Siim Kallas in
July 2010, which finalised its work in June 2011 and issued a Report[8] containing policy
recommendations on how to promote the seafaring profession in Europe has recommended
the enforcement of the MLC.

3.           LEGAL ELEMENTS OF THE PROPOSAL

3.1         The content of the
Proposal

3.1.1      Amendment of the Port State
Control Directive

While Directive
2009/16/EC already refers to MLC (recital 5) and to ILO standards (Annex IV),
it needs to be updated to take into account the new documents and arrangements
brought in by the MLC.

Thus, the proposal amends the port State
control Directive in order to:

- include the maritime labour certificate
and the declaration of maritime labour compliance among the documents to be
checked by inspectors;

- extend the scope of inspections to new
items (for ex, the existence of an adequate labour contract signed by both
parties for each seafarer with the required clauses in the contract);

- extend the scope of investigation in case
of complaints and foresee the adequate procedure.

3.1.2      Detailed explanations of
the proposal

Article 1 contains
all the amendments to be brought in to Directive 2009/16 in order to align it
to the MLC requirements.

A number of
articles of the current Directive 2009/16/EC (articles 2;19) and annexes I; IV;
V; X needed to be complemented to both make reference to the MLC among the list
of international conventions and to mention the new documents deriving from the
MLC, namely the maritime labour certificate and the declaration of maritime
labour compliance.

On the
substance, provisions on handling of complaints have been set up by the MLC
with specific procedures to follow and which are slightly different from the
provisions of Directive 2009/16 applicable to a wider range of matters than
social standards. The objective is not to change the current system of complaint
defined in Directive 2009/16 but to complement it by a procedure fitted to the
complaints related to the MLC. Thus, specific provisions have been inserted in
the proposal (Article 1 (7)).

Besides, there are
amendments related to the fact that Directive 2009/16/EC is being amended for
the first time after the entry into force of the Treaty of Lisbon; the new
rules on delegated and implementing powers needed to be introduced.

3.1.3      Explanatory documents
accompanying the notification of transposition measures

Further to Joint
Political Declarations (OJ 2011/C 369/02; OJ 2011/C 369/03), the Commission is
now considering the need for explanatory documents on a case by case basis. By
virtue of proportionality, explanatory documents have not been deemed justified
in the present proposal since it modifies only a limited number of legal
obligations of an existing directive. Thus, the present proposal does not include
the recital on explanatory documents.

3.2         Legal
basis

Article 100(2)
of the Treaty on the Functioning of the European Union

3.3         Subsidiarity principle

Harmonised
rules on enforcement across the EU should contribute to establishing a level
playing field in order to both avoid distortions of competition in the internal
market at the expense of maritime safety and to ensure decent working and
living conditions for all seafarers regardless of their nationality. In
particular the experience of port State control at EU level has proved
efficient to ensure better surveillance of ships calling at EU ports by pooling
resources and exchanging information.

3.4         Proportionality principle

The enforcement
of the MLC by means of port State control subject to EU rules appears to be the
most effective way of ensuring compliance with that Convention by using
existing tools.

3.5         Choice of instruments

In a context of
minimum standards to be implemented by Member States by measures in their own
national systems and in the field of shared competences, the appropriate
instrument is a directive.

3.6         Entry into force

This Directive
shall enter into force on the date of entry into force of the Maritime Labour
Convention, 2006.

2012/0062 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 2009/16/EC on port
State control

(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[9],

Having regard to the opinion of the
Committee of the Regions[10],

Acting in accordance with the ordinary legislative
procedure,

Whereas:

(1)       On 23 February 2006, the
International Labour Organisation adopted the Maritime Labour Convention, 2006
(the Convention), desiring to create a single, coherent instrument embodying as
far as possible all up-to-date standards of existing international maritime
labour Conventions and Recommendations, as well as the fundamental principles
to be found in other international labour conventions.

(2)       Council Decision 2007/431/EC
of 7 June 2007[11]has
authorised the Member States to ratify the Convention. Member States should ratify
it as soon as possible.

(3)       The Convention sets out
maritime labour standards for all seafarers regardless of their nationality and
of the flag of the ships.

(4)       An important part of the
Standards of the Convention are implemented within EU law by means of Council
Directive 2009/13/EC of 16 February 2009 and Directive 1999/63/EC. Those
standards of the Maritime Labour Convention which are covered by the scope of
Directive 2009/13/EC and/or Directive 1999/63/EC should be implemented by the
Member States in line with the mentioned Directives.

(5)       The Convention contains
enforcement provisions defining the responsibilities of port States. In order
to protect safety and to avoid distortions of competition, Member States should
be allowed to verify compliance with the provisions of the Convention by any
ship calling at their ports, irrespective of the State in which they are
registered.

(6)       Port State control is
governed by Directive 2009/16/EC of the European Parliament and of the Council
of 23 April 2009 on port State control[12],
which should include the Convention among the conventions whose implementation
is verified by Member States' authorities in Union ports.

(7)       The rules of the Union
should also reflect the procedures set out in the Convention with regard to the
handling of complaints relating to the matters it deals with.

(8)       In order to ensure uniform
conditions for its implementation, Directive 2009/16/EC
should be amended in order to confer implementing powers on the Commission. The
Commission should be entitled to adopt implementing acts for the use of a harmonised electronic format for the reporting and follow-up of
such complaints by port State authorities, as well as for the establishment of
the ship risk profile criteria based on article 10 of Directive 2009/16/EC. This is in fact a highly technical exercise to be carried
out in the framework of the principles and criteria which have been established
by that Directive. Those powers should be exercised in accordance with
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers[13].

(9)       The
power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in
respect of amendments to Annex VI to Directive 2009/16/EC containing the
list of the 'Instructions' adopted by the Paris MOU, with a view to keeping the
procedures applicable and enforceable in the territory of the Member States, in
line with those agreed upon at international level. The possibility for the
Commission to swiftly update those procedures would contribute to achieving a
global level-playing field for shipping. It is of particular importance that
the Commission should carry out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing-up delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and Council.

(10)     Part of the obligations
contained in this Directive will not be applicable to Member States without sea
shores and sea ports. Consequently, the only obligations which will be
applicable to Austria, the Czech Republic, Hungary, Luxembourg and Slovakia are
those obligations concerning ships flying the flag of those Member States,
without prejudice to Member States' duty of cooperation to ensure continuity
between maritime and other modal traffic management services.

(11)     Since the objectives of
this Directive cannot be sufficiently achieved by the Member States and can
therefore, by reason of the scale or effects of the action, be better achieved
at Union level, the Union may adopt measures, in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article, this Directive does
not go beyond what is necessary in order to achieve those objectives.

(12)     Directive 2009/16/EC should
therefore be amended accordingly.

(13)     This Directive should enter
into force on the same date as the Maritime Labour Convention.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2009/16/EC

Directive 2009/16/EC is amended as follows:

(1)        Article 2 is amended as follows:

(a)        in point 1, the following point
(i) is added:

'(i) the Maritime Labour Convention, 2006;'

(b)        in point 3, the following words
are added at the end of the sentence:

'or its up-to-date version'.

(c)        in point 18, the following words
are added at the end of the sentence:

'in its up-to-date version.'

(d)        in point 21, the following words
are added at the end of the sentence:

'in its up-to-date version.'

(e)        the following points 23 and 24
are added:

'(23) "Maritime labour
certificate" means the certificate referred to in Regulation 5.1.3 of the
Maritime Labour Convention.'

(24) "Declaration of maritime labour
compliance" means the declaration referred to in Regulation 5.1.3 of the
Maritime Labour Convention.'

(f)         the following paragraph is
added:

'All the references to the Conventions
referred to in this Directive, including for certificates and other documents,
shall be deemed to be references to those Conventions in their up-to-date
versions'.

(2)        In Article 3, the following
paragraph 5 is added:

"5. The application and/or
interpretation of this Directive shall under no circumstances constitute
grounds for justifying a reduction in the general level of protection of
workers under Union social legislation."

(3)        In Article 8, paragraph 4 is
deleted.

(4)        In Article 10, paragraph 3 is
replaced by the following:

'3. Implementing powers shall be conferred on
the Commission to establish the methodology for assessing generic and
historical risk parameters provided for therein. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in Article
31(3).'

(5)        In Article 14, paragraph 4 is
replaced by the following:

'4. The scope of an expanded inspection,
including the risk areas to be covered, is set out in Annex VII. Implementing
powers shall be conferred on the Commission to determine the detailed features
to be checked in the risk areas indicated in this Annex. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in
Article 31(3)'.

(6)        In Article 15, paragraph 4 is
replaced by the following:

'4. Implementing powers shall be conferred on
the Commission to determine in detail harmonised modalities of putting into
effect the procedures described in the Instructions referred to in Annex VI,
including with respect to the checks referred to in paragraph 2. Those implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 31(3).'

(7)        The following Article 18a is
inserted :

'Article 18a

Complaints related to the
Maritime Labour Convention

1.           Where a complaint related
to matters covered by the Maritime Labour Convention has not been resolved at
the ship-board level, the port State control officer shall forthwith notify the
flag State, seeking, within a prescribed deadline, advice and a corrective plan
of action. A report of the inspection shall be transmitted by electronic means
to the inspection database referred to in Article 24.

2.           In order to ensure uniform
conditions for the implementation of this Article, implementing powers shall be
conferred on the Commission regarding the setting up of a harmonised electronic
format and procedure for the reporting of follow-up actions taken by Member
States. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 31(3).

(8)        In Article 19, the following
paragraph is added:

'11. On matters covered by the Maritime Labour
Convention, the competent authority shall also inform forthwith the appropriate
shipowners and seafarers' organisations in the port State in which the
inspection was carried out.'.

(9)        In Article 23, paragraph 5 is replaced
by the following:

'5. Implementing powers shall be conferred on
the Commission to establish harmonised forms for the reporting of anomalies by
pilots and port authorities and the recording of follow-up actions, the
procedures to be followed, and the modalities and technical media to be used.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 31(3).'

(10)      In Article 27, the second
paragraph is replaced by the following:

''Implementing powers shall be conferred on the
Commission to establish the modalities of publication of the information
referred to in the above paragraph, the criteria for aggregating the relevant
data and the frequency of updates. Those implementing acts shall be adopted in
accordance with the advisory procedure referred to in Article 31(2).'

(11)      The following Articles 30a and 30b
are inserted

'Article 30a

Delegated acts

The Commission
shall be empowered to adopt delegated acts in accordance with Article 30b,
concerning amendments to Annex VI to this Directive, in order to add to the
list set out in that Annex further instructions relating to port State control
adopted by the Paris MOU Organisation.

Article 30b

Exercise of the delegation

1.           The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.

2.           The delegation of power
referred to in Article 30a shall be conferred on the Commission for an
indeterminate period of time from the date of entry into force of this
Directive.

3.           The delegation of power
referred to in Article 30a may be revoked at any time by the European
Parliament or by the Council. A decision of revocation shall put an end to the
delegation of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It shall not affect the
validity of any delegated acts already in force.

4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.

5.           A delegated act adopted
pursuant to Article 30a shall enter into force only if no objection has been
expressed either by the European Parliament or the Council within a period of
2 months of notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object.
That period shall be extended by 2 months at the initiative of the
European Parliament or the Council.

(12)      Article 31 is replaced by the
following:

'Article 31

Committee

1. The Commission shall be assisted by the
Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)
established by Article 3 of Regulation (EC) No 1406/2002 of the European
Parliament and the Council. That Committee shall be a committee withing the
meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph,
Article 4 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph,
Article 5 of Regulation (EU) No 182/2011 shall apply.

4. Where, in the cases laid down in paragraphs
2 and 3 above, the opinion of the committee is to be obtained by written
procedure, that procedure shall be determined without result when, within the
time-limit for delivery of the opinion, the chair of the committee so decides
or a simple majority of committee members so request.'.

(13)      Article 32 is repealed.

(14)      In point II 2B of Annex I, the
following indents are added :

'- Ships flying the flag of a State which has
not ratified one or more of the Conventions listed under Article 2 point 1.';

'- Ships whose documentation shows no evidence
that an agreed plan of action to rectify non conformities as referred to in
Standard A5.2.1(6) of the MLC has been implemented.'.

(15)      In Annex IV, the following points
45 and 46 are added:

'45. Maritime labour certificate (see ILO
Maritime Labour Convention (MLC)) ;

46. Declaration of labour compliance (ILO
MLC)'.

(16)      In Annex V point A, the following
points 16, 17 and 18 are added:

'16. The MLC required documents are not
produced or maintained or are falsely maintained or the documents produced do
not contain the information required by the MLC or are otherwise invalid.

17. The working and living conditions on the
ship do not conform to the requirements of the MLC.

18. The ship has changed flag for the purpose
of avoiding compliance with the MLC.'

(17)      In point 3.10. of Annex X, the
following points 8 and 9 are added:

'8. The conditions on board are clearly
hazardous to the safety, health or security of seafarers;

'9. The non conformity constitutes a serious or
repeated breach of the requirements of the MLC (including seafarer's rights).

Article 2

Transposition

Member States shall bring into force the
laws, regulations and administrative provisions necessary to comply with this
Directive not later than 12 months after the date of entry into force of this
Directive. They shall forthwith communicate to the Commission the text of those
provisions. When Member States adopt those provisions, they shall contain a
reference to this Directive or shall be accompanied by such reference on the
occasion of their official publication. The methods of making such reference
shall be laid down by Member States.

Member States shall communicate to the
Commission the text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on
the date of entry into force of the Maritime Labour Convention, 2006.

Article 4

Addressees

This Directive is addressed to the Member
States.

Done at Brussels,

For the European Parliament                       For
the Council

The
President                                                 The President

[1]               OJ L 161,
22.06.2007, p.63

[2]           OJ L 124, 20.05.2009, p.30

[3]               COM(2009) 8

[4]               See paragraph 3 of the Communication.

[5]               COM (2011) 144
final

[6]               OJ L131, 28.5.2009,
p.57

[7]               The
organisation consists of 27 participating
maritime Administrations and covers the waters of the European coastal States
and the North Atlantic basin from North America to Europe. The current member
States of the Paris MoU region are Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece,
Iceland, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Norway, Poland,
Portugal, Romania, Russian Federation, Slovenia, Spain, Sweden, United Kingdom.

[8]               Published on 20 July 2011: http://ec.europa.eu/transport/maritime/seafarers/doc/2011-06-09-tfmec.pdf

[9]               OJ C [...], [...], p. [...].

[10]               OJ C [...], [...], p. [...].

[11]               OJ L 161, 22.6.2007,
p. 63

[12]               OJ L131, 28.5.2009, p. 57.

[13]               OJ L 55, 28.2.2011, p. 13.