Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the International Maritime Organization during the 31st session of the IMO Assembly on the adoption of amendments to resolution A.658(16) on the use and fitting of retro-reflective materials on Life-Saving Appliances, Procedures for Port State Control, 2017 (resolution A.1119(30)) and the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), (resolution A.1120(30))
Date: 2019-11-06
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, approval, harmonisation of standards, maritime safety, ports policy, safety standard, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 6.11.2019  COM(2019) 575 final 2019/0248 (NLE)  Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the International Maritime Organization during the 31st session of the IMO Assembly on the adoption of amendments to resolution A.658(16) on the use and fitting of retro-reflective materials on Life-Saving Appliances, Procedures for Port State Control, 2017 (resolution A.1119(30)) and the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), (resolution A.1120(30))  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT-MATTER OF THE PROPOSAL 

The present proposal concerns the decision establishing the position to be adopted on  behalf 
of  the  Union  at  the  31st  session  of  the  International  Maritime  Organization’s  Assembly  that 
will  take  place  in  London  from  25  November  to  4  December  2019  in  connection  with  the 
envisaged adoption of  

 

 

 

Amendments  to  the  use  and  fitting  of  retro-reflective  materials  on  Life-Saving 
Appliances;  

Procedures for port State control 2019; and 

Amendments to the Survey Guidelines under the Harmonized System of Survey and 
Certification (HSSC Guidelines). 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

The Convention on the International Maritime Organization (IMO) 

The  Convention  on  the  International  Maritime  Organization  (IMO)  (‘the  Agreement’) 
establishes  the  IMO,  the  purpose  of  which  is  to  provide  machinery  for  co-operation  among 
Governments  in  the  field  of  governmental  regulation  and  practices  relating  to  technical 
matters  of  all  kinds  affecting  shipping  engaged  in  international  trade,  and  to  encourage  the 
general  adoption of the highest  practicable standards in  matters concerning maritime safety, 
efficiency of navigation and prevention and control of marine pollution from ships, promoting 
a level playing field; and to deal with related administrative and legal matters.     

The agreement entered into force on 17 March 1958. 

All Member States are parties to the Agreement. 

1.2. 

The International Maritime Organization  

The International Maritime Organization (IMO) is the United Nations specialized agency with 
responsibility for the safety and security of shipping and the prevention of marine pollution by 
ships.  It  is  the  global  standard-setting  authority  for  the  safety,  security  and  environmental 
performance  of  international  shipping.  Its  main  role  is  to  create  a  regulatory  framework  for 
the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and  universally 
implemented.  

All Member States are members of the IMO. The European Commission has held an observer 
status  in  the  International  Maritime  Organisation  (IMO)  since  1974  on  the  basis  of  "an 
Arrangement  for  Co-operation  and  Collaboration  between  the  Inter-Governmental  Maritime 
Consultative  Organisation  (IMCO)1  and  the  Commission  of  the  European  Communities  on 
matters of mutual interest to the parties". 

1 

The name was changed in 1982 to International Maritime Organization (IMO). 

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Membership  in  the  Organization  is  open  to  all  States.  The  Assembly  consists  of  all  the 
Members. Regular sessions of the Assembly take place once every two years.  The Assembly 
is the governing body of the IMO. The Assembly determines the work program and votes on 
the budget  to  which all  Members contribute.  Furthermore, the Assembly  can recommend to 
Members for adoption regulations and guidelines 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. A majority 
of the Members other than Associate Members shall constitute a quorum for the meetings of 
the Assembly. 

1.3. 

The envisaged acts of the IMO Assembly 

On 25 November to 4 December 2019, during its 31st session (A 31), the IMO Assembly is to 
adopt:   

Amendments to the use and fitting of retro-reflective materials on Life-Saving Appliances;  

Procedures for port State control 2019; and 

Amendments  to  the  Survey  Guidelines  under  the  Harmonized  System  of  Survey  and 
Certification (HSSC Guidelines). 

The purpose of the envisaged acts respectively are to:  

1.  update  the  current  means  of  weather  testing  the  materials  by  deleting  an  outmoded  and 

rarely used carbon arc device; 

2.  update the current 2017 procedures for port State control by including reference to those 
measures  adopted  subsequently  by  IMO  bodies  (the  30th  session  of  the  IMO  Assembly, 
the 72nd, 73rd and 74th sessions of the Marine Environment Protection Committee and the 
99th  100th  and  101st  session  of  the  Maritime  Safety  Committee)  as  well  as  amending 
specific appendices 8 and 11 and inserting a new appendix 18; and 

3.  update  the  Survey  guidelines  to  reflect  recent  amendments  to  mandatory  instruments, 
primarily the Ballast Water Management Convention, but also certain elements in SOLAS 
and  MARPOL,  such  as  respectively  special  category  spaces  in  passenger  ships  and 
statements of compliance with fuel oil consumption. 

2. 

POSITIONS TO BE ADOPTED ON BEHALF OF THE UNION 

2.1. 

Amendments  to  resolution  A.658(16)  on  the  use  and  fitting  of  retro-reflective 
materials on Life-Saving Appliances. 

The 101st session of the Maritime Safety Committee (MSC 101) recalled that at its previous 
session, having considered document MSC 100/19/4 submitted by EU Member States and the 
Commission, proposing amendments to resolution A.658(16) on the use and fitting of retro-
reflective materials on life-saving appliances, the Committee had agreed to the deletion of the 
words  "carbon  arc"  in  paragraph  4.10  and  had  requested  the  IMO  Secretariat  to  prepare  a 
relevant draft Assembly resolution for approval at MSC 101, with a view to submission to A 

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31  for  adoption  (MSC  100/20,  paragraphs  19.14  and  19.15).  Views  were  expressed  that 
deletion of the term might render the provision too vague.  

The Committee, having noted the possibility that relevant proposals may be submitted to A 31 
addressing  the  above-mentioned  concern,  approved  the  draft  Assembly  resolution  on 
Amendments  to  the  use  and  fitting  of  retro-reflective  materials  on  life-saving  appliances 
(resolution A.658(16)). 

The amendments to resolution A.658(16) on the Use and fitting of retro-reflective materials 
on life-saving appliances are set out in Annex 27 to IMO Document MSC 101/24. Paragraph 
14.41 of the MSC 101 report (MSC 101/24) indicates that the amendments are foreseen to be 
adopted at the 31st session of the IMO Assembly (A.31). 

2.2. 

Amendments to Procedures for Port State Control, 2017 (resolution A.1119(30)) 

The IMO Procedures for Port State Control 2017 (resolution A1119(30)) contains guidelines 
on  particular  subjects  as  appendices  to  the  main  document.  At  the  5th  session  of  the  Sub 
Committee on the Implementation of IMO Instruments (III 5), revisions of the Procedures for 
Port  State  Control,  notably  as  regards  Appendix  2  on  Guidelines  on  the  detention  of  ships, 
were  agreed  (see  IMO  document  III  5/15  para  5.34)  and  were  to  be  further  developed 
intersessionally, with a view to submission of a draft Procedures for Port State Control, 2019, 
together with a draft resolution, to III 6 for consideration, prior to potential direct submission 
to A 31 for consideration with a view to adoption, subject to approval by the Committees.  

At the 101st session of the Maritime Safety Committee (MSC 101), the Committee noted the 
referral by III 5 of draft amendments to appendix 8 (Guidelines for PSCOs on the ISM Code) 
and appendix 11 (Guidelines for PSCOs  on certification of seafarers, manning and hours of 
rest) of the Procedures for Port State Control, 2017 (resolution A.1119(30)) to the 6th session 
of  the  Sub  Committee  on  the  Human  Element,  Training  and  Watch-keeping  (HTW  6)  for 
technical review and advice to III 6. MSC 101 agreed that the relevant outcome of HTW 6 be 
referred to III 6 for consideration when preparing the draft Assembly resolution on Procedures 
for Port State Control, 2019. The Committee then authorised III 6 to report the outcome of its 
work directly to the 31st session of the Assembly (A.31) for adoption by that Assembly (see 
IMO document MSC 101/24, para 10.15.3). 

III 6 reviewed and finalised amendments to the above mentioned appendices 7 and 11 and at 
the  request  of  MEPC  74  included  a  new  appendix  18  "resolution  MEPC.321(74)  on  2019 
Guidelines for port State control under MARPOL Annex VI chapter 3", which is related to the 
2020 sulphur cap and the prohibition on the carriage of non-compliant fuel oil for combustion 
purposes for propulsion or operation on board a ship from 1 March 2020. It updated Appendix 
19 on the List of instruments relevant to port State control procedures to reflect developments 
subsequent to the Procedures for Port State Control 2017. 

III 6 endorsed the amendments to the Procedures to Port State Control 2017 and authorised it 
to be forwarded to A31 for adoption. The revision of resolution A.1119(30) on Procedures for 
Port State Control are set out in Annex XX to IMO Document III 6/15. Paragraph XX of the 
III  6  report  (III  6/15)  indicates  that  the  amendments  are  foreseen  to  be  adopted  at  the  31st 
session of the IMO Assembly (A.31). 

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2.3. 

Amendments to the Survey Guidelines under the Harmonized System of Survey 
and Certification (HSSC) (resolution A.1120(30))  

At the 5th session of the Sub Committee on the Implementation of IMO Instrument (III 5), the 
Sub  Committee  recalled  that  at  its  previous  session  it  had  established  the  Correspondence 
Group on the Review of the Survey Guidelines under the HSSC and the Non-exhaustive List 
of Obligations under Instruments Relevant to the IMO Instruments Implementation Code (III 
Code) to continue updating the Survey Guidelines to include the requirements deriving from 
amendments  to  relevant  IMO  instruments  entering  into  force  up  to  and  including  31 
December  2019,  with  a  view  to  submission  of  draft  amended  Survey  Guidelines  under  the 
HSSC to A 31 for adoption. These amendments include for SOLAS, special category spaces 
in passenger ships and for MARPOL, statements of compliance with fuel oil consumption in 
relation  to  GHG  data  collection.  At  the  following  101st  session  of  the  Maritime  Safety 
Committee  (MSC  101),  the  Committee  having  noted  the  outcome  of  III  5,  and  determined 
some outstanding issues, then authorised III 6 to report the outcome of its work directly to the 
31st session of the Assembly (A.31) for adoption by that Assembly (see IMO document MSC 
101/24, para 10.15.1). 

III  6  considered  the  amendments  to  the  HSSC  Guidelines  and  authorised  them  to  be 
forwarded  to  A31  for  adoption.  The  amendments  to  resolution  A.1120(30)  on  the  Survey 
Guidelines under the Harmonized System of Survey and Certification (HSSC) are set out in 
Annex XX to IMO Document III 6/15. Paragraph XX of the III 6 report (III 6/15) indicates 
that  the  amendments  are  foreseen  to  be  adopted  at  the  31st  session  of  the  IMO  Assembly 
(A.31). 

2.4. 

Relevant EU legislation and EU competence 

2.4.1.  Amendments  to  the  use  and  fitting  of  retro-reflective  materials  on  Life-Saving 

Appliances  

Retro-reflective materials on life-saving appliances concern marine equipment that falls under 
the scope of Directive 2014/90/EU of the European Parliament and of the Council of 23 July 
2014  on  marine  equipment  and  repealing  Council  Directive  96/98/EC2.  Retro-reflective 
materials are object of the provisions included in Commission Implementing Regulation (EU) 
2018/773 of 15 May 2018 on design, construction and performance requirements and testing 
standards for marine  equipment  and repealing  Implementing Regulation  (EU) 2017/3063.  In 
particular, reference is made in that Implementing Regulation to IMO resolution A.658(16) on 
“Use and fitting of retro-reflective materials on life-saving appliances”. Any amendments to 
the IMO resolution and its successors will therefore have a direct effect  on the Regulation's 
requirements. 

2.4.2.  Amendments to Procedures for Port State Control, 2017 (resolution A.1119(30)) 

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port 
State control4 (PSC Directive) concerns the enforcement, in respect of ships using Union ports 
and  sailing  in  the  waters  under  the  jurisdiction  of  the  Member  States,  of  international 
standards for ship safety, pollution prevention and shipboard living and working conditions. 

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OJ L 257, 28 8.2014, p. 146 
OJ L 133, 30.8.2018, p.1 
OJ L 131, 28.5.2009, p. 57. 

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The objective of the PSC Directive is to reduce substandard shipping in the waters under the 
jurisdiction  of  the  Member  States.  Certificates  and  documents,  including  record  books,  are 
checked by PSC officers. To be noted that the PSC Directive requires Member States to apply 
the Paris MoU Guidelines and does not refer to the IMO Guidelines, which are inspired by, 
but not necessarily the same as, the Paris MoU Guidelines. There is therefore EU competence 
in this field, but a legal effect of IMO PSC Guidelines on EU legislation is at best indirect.   

2.4.3.  Amendments  to  the Survey Guidelines under the  Harmonized System of  Survey and 

Certification (HSSC) (resolution A.1120(30)) 

Regulation  (EC)  No  391/2009  of  the  European  Parliament  and  of  the  Council  of  23  April 
2009 on common rules and standards for ship inspection and survey organisations5 establishes 
measures  to  be  followed  by  organisations  entrusted  with  the  inspection,  survey  and 
certification of ships for compliance with  the international  conventions on safety  at  sea and 
prevention of marine pollution, while furthering the objective of freedom to provide services. 
In the Annex to this Regulation, criterion B 7(k) states,  

"the recognised organisation must ensure that  

the statutory surveys and inspections required by the harmonised system of survey and 
certification  for  which  the  recognised  organisation  is  authorised  are  carried  out  in 
accordance with the provision set  out  in  the Annex and Appendix to  IMO resolution 
A.948(23)  on  survey  guidelines  under  the  harmonised  system  of  survey  and 
certification." 

Any amendments to the IMO resolution and its successors will therefore have a direct effect 
on the requirements of Regulation (EC) No 391/2009. 

2.4.4.  EU competence 

The amendments to resolution A.658(16) on the use and fitting of retro-reflective materials on 
Life-Saving Appliances  will affect EU law through the application of Directive  2009/45/EC 
of the European Parliament and of the Council of 6 May 2009 on safety rules and standards 
for passenger ships (Recast)6. 

The application of Directive 2009/16/EC on port State control is based on the Procedures for 
Port State Control and instructions (guidelines) of the Paris Memorandum of Understanding 
(PMoU)  as  set  out  in  Annexes  1  and  VI  respectively.  The  IMO  procedures  for  port  State 
control and its amendments may influence developments in PMoU guidelines and hence may 
have a direct effect on the application of the Directive 2009/16/EC.  

The Survey Guidelines under the Harmonised System of Survey and Certification (HSSC) are 
a requirement under Regulation (EC) No 391/2009. Any amendment to the Survey Guidelines 
will affect EU law through the application of Regulation (EC) 391/2009. 

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OJ L 131, 28.5.2009, p. 11. 
OJ L 163, 25.6.2009, p. 1. 

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3. 

LEGAL BASIS 

3.1. 

Procedural legal basis 

3.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement at issue.7 

The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’.8 

3.1.2.  Application to the present case 

The  IMO  Assembly  is  a  body  set  up  by  an  agreement,  namely  the  Convention  on  the 
International Maritime Organization.  

The acts which the IMO Assembly is called upon to adopt constitute acts having legal effects. 
The  envisaged  acts  are  capable  of  decisively  influencing  the  content  of  EU  legislation, 
namely:  

1.  Directive 2009/45/EC on safety rules and standards for passenger ships. Article 6(2)(a)(i) 
of  this  Directive  establishes  that  new  passenger  ships  of  Class  A  are  to  comply  entirely 
with the requirements of the 1974 SOLAS Convention, as amended. 

2.  Directive 2009/16/EC on port State control. Article 15 requires Member States to ensure 
that  their  inspectors  follow  the  procedures  and  guidelines  specified  in  Annex  VI.  These 
guidelines  are  set  by  the  PMoU.  Amendments  to  the  IMO  Procedures  for  Port  State 
Control  2017  may  have  a  bearing  on  developments  in  the  PMoU  guidelines  and  hence 
have an effect on the application of this Directive. It should be noted that the IMO III Sub 
Committee discussed the amendments under the agenda item "Measures to harmonize port 
State control (PSC) activities and procedures world wide". 

3.  Regulation  (EC)  No  391/2009  on  common  rules  and  standards  for  ship  inspection.  The 
Survey Guidelines under the Harmonised System of Survey and Certification (HSSC) are 
a requirement under this Regulation. Annex I, criterion B7(k) states:  

"7. The recognised organisation must ensure that:  

(k) the statutory surveys and inspections required by the harmonised system of survey 
and certification for which the recognised organisation is authorised are carried out 
in accordance with the provision set out in the Annex and Appendix to IMO resolution 

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Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraph 64.  
Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraphs 61-64.  

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A.948(23)  on  survey  guidelines  under  the  harmonised  system  of  survey  and 
certification." 

Therefore,  amendments  to  the  Survey  Guidelines  under  the  Harmonised  System  of  Survey 
and  Certification  would  affect  EU  law  through  the  application  of  Regulation  (EC)  No 
391/2009.  

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU. 

3.2. 

Substantive legal basis 

3.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the  objective  and  content  of  the  envisaged  act  in  respect  of  which  a  position  is  adopted  on 
behalf of the Union. If the envisaged act pursues two aims or has two components and if one 
of  those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

3.2.2.  Application to the present case 

The main objective and content of the envisaged act  relate to  sea transport. The substantive 
legal basis of the proposed decision, therefore, is Article 100(2) TFEU. 

3.3. 

Conclusion 

The legal basis of the proposed decision should be Article 100(2) in conjunction with Article 
218(9) TFEU. 

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2019/0248 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the International 
Maritime Organization during the 31st session of the IMO Assembly on the adoption of 
amendments to resolution A.658(16) on the use and fitting of retro-reflective materials 
on Life-Saving Appliances, Procedures for Port State Control, 2017 (resolution 
A.1119(30)) and the Survey Guidelines under the Harmonized System of Survey and 
Certification (HSSC), (resolution A.1120(30)) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Convention on the International Maritime Organization (IMO) ('the Agreement') 
entered into force on 17 March 1958, 

Pursuant to Article 15(j) of the Agreement, the Assembly can recommend to Members 
for adoption regulations and guidelines 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.  

The IMO Assembly, during its 31st session on 25 November – 5 December 2019 is to 
adopt  amendments  to  resolution  A.658(16)  on  the  use  and  fitting  of  retro-reflective 
materials  on  Life-Saving  Appliances,  Procedures  for  Port  State  Control,  2017 
(resolution A.1119(30)), and the Survey Guidelines under the Harmonized System of 
Survey and Certification (HSSC), (resolution A.1120(30)). 

It is appropriate to establish the position to be adopted on behalf of the Union in the 
IMO,  as  the  adopted  amendments  to  resolution  A.658(16)  on  the  use  and  fitting  of 
retro-reflective  materials  on  Life-Saving  Appliances,  Procedures  for  Port  State 
Control,  2017  (resolution  A.1119(30))  and  the  Survey  Guidelines  under  the 
Harmonized System of Survey and Certification (HSSC), (resolution A.1120(30)) will 
be  capable  of  decisively  influencing  the  content  of  Union  law,  namely  Directive 
2009/45/EC  of  the  European  Parliament  and  of  the  Council  on  safety  rules  and 

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(5) 

(6) 

(7) 

(8) 

standards for passenger ships9, Directive 2009/16/EC of the European Parliament and 
of  the  Council  on  port  State  control10  and  Regulation  (EC)  No  391/2009  of  the 
European  Parliament  and  of  the  Council  of  23  April  2009  on  common  rules  and 
standards for ship inspection and survey organisations11. 

The 101st session of the Maritime Safety Committee (MSC 101), which took place in 
London  5-14  June  2019,  recalled  that  at  its  previous  session,  having  considered 
document  MSC  100/19/4  proposing  amendments  to  resolution  A.658(16)  on  the  use 
and  fitting  of  retro-reflective  materials  on  life-saving  appliances,  the  Committee  had 
agreed to the deletion of the words "carbon arc" in paragraph 4.10 and had requested 
the  IMO  Secretariat  to  prepare  a  relevant  draft  Assembly  resolution  for  approval  at 
MSC 101, with a view to submission to the 31st Assembly (A 31) for adoption (MSC 
100/20,  paragraphs  19.14  and  19.15).  The  Committee  then  approved  the  draft 
Assembly resolution on Amendments to the use and fitting of retro-reflective materials 
on life-saving appliances (resolution A.658(16)). 

The 5th session of the Sub Committee on the Implementation of IMO Instruments (III 
5), which took place in London 24-28 September 2018, agreed to certain revisions of 
the  Procedures  for  Port  State  Control  2017,  notably  as  regards  Appendix  2  on 
Guidelines  on  the  detention  of  ships,  were  agreed,  to  be  further  developed 
intersessionally,  with  a  view  to  submission  of  a  draft  Procedures  for  Port  State 
Control,  2019,  together  with  a  draft  resolution,  to  III  6,  meeting  in  London  1-5  July 
2019, for consideration, prior to potential direct submission to A 31 for consideration 
with a view to adoption, subject to approval by the Committees.  

At MSC 101, the Committee authorised III 6 to report the outcome of its work directly 
to  the  31st  session  of  the  Assembly  (A.31)  for  adoption  by  that  Assembly.  III  6 
reviewed and finalised the amendments to the Procedures for Port State Control 2019 
and, following a the request  by the Marine Environment  Protection Committee at  its 
74th  session  in  London  13-17  May  2019,  included  a  new  appendix  18  "resolution 
MEPC.321(74) on 2019 Guidelines for port State control under MARPOL Annex VI 
chapter  3".  III  6  endorsed  the  amendments  to  the  Procedures  to  Port  State  Control 
2017 and authorised them to be forwarded to A 31 for adoption.  

At III 5, the Sub Committee recalled that at its previous session it had established the 
Correspondence  Group  on  the  Review  of  the  Harmonised  Ship  Survey  and 
Certification  (HSSC)  Guidelines  and  the  Non-exhaustive  List  of  Obligations  under 
Instruments  Relevant  to  the  IMO  Instruments  Implementation  Code  (III  Code)  to 
continue  updating  the  Survey  Guidelines  to  include  the  requirements  deriving  from 
amendments  to  relevant  IMO  instruments  entering  into  force  up  to  and  including  31 
December 2019, with a view to submission of draft amended Survey Guidelines under 
the  HSSC  to  A  31  for  adoption.  At  MSC  101,  the  Committee  having  noted  the 
outcome  of  III  5,  and  determined  some  outstanding  issues,  then  authorised  III  6  to 
report the outcome of its work directly to the 31st session of the Assembly (A.31) for 
adoption by that Assembly. III 6 considered the amendments to the HSSC Guidelines 
and authorised them to be forwarded to A31 for adoption.  

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OJ L 163, 25.6.2009, p. 1. 
OJ L 131, 28.5.2009, p. 57. 
OJ L 131, 28.5.2009, p. 11. 

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(9) 

The Union’s  position is  to  be expressed by the  Member States of the Union  that are 
members of the IMO, acting jointly in the interest of the Union.  

HAS ADOPTED THIS DECISION: 

The position to be adopted, on behalf of the Union, at the 31st session of the IMO Assembly 
shall be to agree to the adoption of amendments to: 

Article 1 

(a) 

(b) 

(c) 

1. 

2. 

resolution  A.658(16)  on  the  use  and  fitting  of  retro-reflective  materials  on  Life-
Saving Appliances, as laid down in document MSC 101/24, Annex 27. 

Procedures  for  Port  State  Control,  2017  (resolution  A.1119(30))  as  laid  down  in 
document III 6/15 Annex XX; and  

the  Survey  Guidelines  under  the  Harmonized  System  of  Survey  and  Certification 
(HSSC), 
(resolution 
A.1104(29)), as laid down in document III 6/15 Annex XX. 

(resolution  A.1120(30))  Certification 

(HSSC),  2015 

Article 2 

The position referred to in Article 1 shall be expressed by the Member States of the 
Union that are members of the IMO, acting jointly in the interest of the Union.  

Minor changes to the position referred to in Article 1 may be agreed without further 
decision of the Council.  

Article 3 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

For the Council 
The President 

EN 

11 

  EN