Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council on compliance with flag State obligations (Text with EEA relevance)
Date: 2008-12-09
Institutions: European Commission
Subjects: EU Member State, International Maritime Organisation, environmental protection, international standard, law of the sea, maritime safety, ship's flag, transport safety

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.12.2008 
COM(2008)848 final 

2005/0236 (COD) 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 

concerning the 

common position adopted by the Council with a view to the adoption of a Directive of 
the European Parliament and of the Council on compliance with flag State obligations 

(Text with EEA relevance) 

EN 

   EN 

 
 
 
  
 
 
 
 
2005/0236 (COD) 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 

concerning the 

common position adopted by the Council with a view to the adoption of a Directive of 
the European Parliament and of the Council on compliance with flag State obligations 

(Text with EEA relevance) 

1. 

BACKGROUND 

Date on which the proposal was sent to the European Parliament 
and to the Council:  
(document COM(2005)586 final – 2005/0236COD): 

17.2.2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

13.9.2006 

Date of the opinion of the Committee of the Regions: 

15.6.2006 

Date of the opinion of the European Parliament at first reading: 

29.3.2007 

Date of adoption of the common position: 

9.12.2008 

2. 

PURPOSE OF THE COMMISSION'S PROPOSAL 

In view of the major disparities which exist, including within the European Union, as regards 
flag  States’  compliance  with  their  international  obligations  on  maritime  safety  and  the 
prevention of pollution caused by ships, the proposal seeks to ensure that the Member States 
meet their obligations effectively and in a coordinated manner. 

3. 

COMMENTS ON THE COMMON POSITION 

The Commission notes that, after expressing its opposition in principle to the proposal at its 
April  2008  meeting,  the  Council  considered  it  necessary  to  remove  from  the  operative  part 
certain  important  provisions  such  as  those  concerning  the  ratification  of  international 
conventions and the mandatory application in the Community of the Flag State Code of the 
International Maritime Organisation (IMO). 

Although the text on which the Council has expressed agreement is therefore less ambitious 
than  that  proposed  by  the  Commission,  the  latter  notes  that,  in  the  common  position,  the 
following obligations in particular continue to be incumbent on Member States: 

- before authorising a ship to fly their respective flag, check that it complies with international 
rules; 

EN 

2 

   EN 

 
 
 
- make sure that ships which fly their respective flag and have been detained in the context of 
a port State inspection are brought into conformity with the relevant IMO conventions; 

-  whilst  waiting  for  the  IMO  audit  scheme  to  become  mandatory,  subject  their  maritime 
authorities to such an audit and publish the results; 

- put in place a quality management system for their maritime authorities which is certified in 
accordance with international standards; 

- in the case of Member States whose flag is blacklisted or which, for two consecutive years, 
appears  on  the  grey  list  of  the  Paris  Memorandum  of  Understanding  on  port  State  control, 
report the reasons for the poor performance to the Commission. 

These binding provisions will help to improve the quality of the worst performing European 
flags. 

4. 

CONCLUSIONS 

The Commission takes note of the firm undertaking given by the Member States, as set out in 
the  statement  signed  by  their  representatives  meeting  in  the  Council,  a)  to  ratify  the  main 
international  conventions  on  maritime  safety;  b)  to  apply  the  IMO  Flag  State  Code  and  the 
related audit scheme for maritime authorities; and c) to encourage the IMO to make these two 
instruments mandatory worldwide. 

Consequently, and in the light of the above, the Commission supports the common position 
adopted  unanimously  by  the  Council  which  adds  value  as  it  should  effectively  improve  the 
quality  of  European  flags  and  provide  conditions  of  competition  in  the  Community  which 
ensure that the choice of flag cannot be based on the lowest level of requirements. 

EN 

3 

   EN