Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 75th session of the Marine Environment Protection Committee and the 102nd session of the Maritime Safety Committee on the adoption of amendments to Annex VI to the International Convention for the Prevention of Pollution from Ships, amendments to Chapter II-1 of the International Convention for the Safety of Life at Sea and amendments to the International Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels
Date: 2020-02-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, international convention, marine fuel, marine pollution, maritime safety, pollution from ships, revision of an agreement, safety standard, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 17.2.2020  COM(2020) 58 final 2020/0026 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 75th session of the Marine Environment Protection Committee and the 102nd session of the Maritime Safety Committee on the adoption of amendments to Annex VI to the International Convention for the Prevention of Pollution from Ships, amendments to Chapter II-1 of the International Convention for the Safety of Life at Sea and amendments to the International Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf  
at  the  75th  session  of  the  International  Maritime  Organization’s  Marine  Environment 
Protection Committee (MEPC 75), which will take place in London from 30 March to 3 April 
2020 and  at  the 102nd session of the  International  Maritime Organization’s Maritime Safety 
Committee  (MSC  102),  which  will  take  place  in  London  from  13  to  22  May  2020,  in 
connection with the envisaged adoption of amendments to MARPOL Annex VI relating to the 
consistent implementation of the 0.50% sulphur limit and amendments to SOLAS Chapter II-
1: regulation 3-8 of part A-1 on towing and mooring equipment, regulation 7-2 of part B-1 on 
the  calculation  of  the  factor  si  and  on  parts  B-2  to  B-4  regarding  watertight  integrity  and 
amendments to parts A-1 and B-1 of the International Code of Safety for Ships Using Gases 
or other Low-flashpoint Fuels (IGF Code). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the International Maritime Organization  

The Convention on the International Maritime Organization (IMO) establishes the IMO. The 
IMO’s purpose is to provide a forum for co-operation in the field of regulation and practices 
relating to technical matters of all kinds affecting shipping engaged in international trade. It 
furthermore  aims  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.  It  also  to  deal  with  related 
administrative and legal matters.     

The Convention entered into force on 17 March 1958. 

All Member States are parties to the Convention.  

All Member States are parties to the International Convention for the Prevention of Pollution 
from  Ships  (‘MARPOL’),  1973,  which  entered  into  force  on  2  October  1983  and  to  Annex 
VI, which entered into force on 18 May 2005. The Union is not a party to MARPOL.  

All  Member  States  are  parties  to  the  International  Convention  for  the  Safety  of  Life  at  Sea 
('SOLAS'),  1974,  which  entered  into  force  on  25  May  1980.  The  Union  is  not  a  party  to 
SOLAS.  

The International Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels (IGF 
Code)  was  made  mandatory  under  the  SOLAS  Convention.  Its  purpose  is  to  provide  an 
international standard for ships operating with gas or low-flashpoint liquids as fuel. The Code 
addresses  all  areas  that  need  special  consideration  for  the  usage  of  gas  or  low-flashpoint 
liquids  as  fuel.  It  provides  criteria  for  the  arrangement  and  installation  of  machinery  for 
propulsion  and  auxiliary  purposes,  using  natural  gas  as  fuel,  which  will  have  an  equivalent 
level  of  integrity  in  terms  of  safety,  reliability  and  dependability  as  that  which  can  be 
achieved with a new and comparable conventional oil fuelled main and auxiliary machinery.  

2.2. 

The International Maritime Organization  

The  International  Maritime  Organization  (IMO)  is  the  United  Nations’  specialised  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 

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framework  for  the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and 
universally implemented.  

Membership in the Organization is open to all States and all EU Member States are members 
of  the  IMO.  Since  1974,  the  European  Commission  has  held  an  observer  status  in  the 
International  Maritime  Organisation  (IMO).  This  is  based  on  an  Arrangement  for  Co-
operation  and  Collaboration  between 
the  Inter-Governmental  Maritime  Consultative 
Organisation  (IMCO)  and  the  Commission  of  the  European  Communities  on  matters  of 
mutual interest to the parties. 

The IMO’s Marine Environment Protection Committee consists of all the IMO Members and 
meets  at  least  once  a  year.  It  addresses  environmental  issues  under  the  scope  of  the 
Organization  as  regards  the  control  and  prevention  of  ship-source  pollution  covered  by  the 
MARPOL  treaty,  including  oil,  chemicals  carried  in  bulk,  sewage,  garbage  and  emissions 
from  ships  to  air,  including  air  pollutants  and  greenhouse  gas  emissions.  Other  matters 
covered  include  ballast  water  management,  anti-fouling  systems,  ship  recycling,  pollution 
preparedness  and  response,  and  identification  of  special  areas  and  particularly  sensitive  sea 
areas. 

The IMO Marine Environment Protection Committee provides machinery for performing any 
duties assigned to it by the IMO Convention, the IMO Assembly or the IMO Council, or any 
duty within the above scope which may be assigned to it by or under any other international 
instrument  and  accepted  by  the  IMO.  Decisions  of  the  Marine  Environment  Protection 
Committee, and of its subsidiary bodies shall be adopted by a majority of the Members.  

The  IMO  Maritime  Safety  Committee  also  consists  of  all  the  IMO  Members  and  meets  at 
least once a year. It considers any matter within the scope of the Organization concerned with 
aids to navigation, construction and equipment of vessels, manning from a safety standpoint, 
rules  for  the  prevention  of  collisions,  handling  of  dangerous  cargoes,  maritime  safety 
procedures and requirements, hydrographic information, log-books and navigational records, 
marine  casualty  investigation,  salvage  and  rescue,  and  any  other  matters  directly  affecting 
maritime safety.  

The IMO Maritime Safety Committee provides machinery for performing any duties assigned 
to it by the IMO Convention, the IMO Assembly or the IMO Council, or any duty within the 
above scope which may be assigned to it by or under any other international instrument and 
accepted  by  the  IMO.  Decisions  of  the  Maritime  Safety  Committee,  and  of  its  subsidiary 
bodies shall be adopted by a majority of the Members.  

The envisaged act of the IMO’s Marine Environment Protection Committee 

2.3. 
On  30  March  –  3  April  2020,  during  its  75th  session  (MEPC  75),  the  Marine  Environment 
Protection  Committee  is  to  adopt  amendments  to  MARPOL  Annex  VI.  They  relate  to  the 
application  of  the  0.50%  sulphur  limit  used  in  fuel  oils  on  board  ships.  The  purpose  of  the 
envisaged amendments to MARPOL Annex VI is to support the consistent implementation of 
the 0.50% sulphur limit.   

In 2008, the IMO adopted a resolution to amend MARPOL Annex VI containing regulations 
addressing  the  prevention  of  air  pollution  from  ships.  The  revised  Annex  VI  to  MARPOL 
entered into force on 1 July 2010 and introduced, inter alia, stricter sulphur limits for marine 
fuel  in  SOx  Emission  Control  Areas  as  well  as  in  sea  areas  outside  SOx  Emission  Control 
Areas.  

Robust enforcement of the fuel oil standard set out in regulation 14.1.3 of MARPOL Annex 
VI,  which  became  effective  on  1  January  2020,  will  be  an  important  element  in  order  to 
facilitate  a  consistent  implementation  and  the  effective  enforcement  of  the  global  sulphur 

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limit  of  0.50%.  The  purpose  of  the  envisaged  amendments  to  MARPOL  Annex  VI  is  to 
ensure the effective implementation of regulation 14.1.3, with a view to significantly reducing 
air  polluting  emissions  of  SOx  and  particle  matter  to  the  atmosphere  resulting  from  ship 
combustion in order to protect human health and the marine environment. 

The envisaged act of the IMO’s Maritime Safety Committee 

2.4. 
On 13 – 22 May 2020, during its 102nd session (MSC 102), the Maritime Safety Committee is 
to adopt amendments to the International Convention of Safety of Life at Sea (SOLAS) and 
amendments  to  regulation  11  of  the  International  Code  of  Safety  for  Ship  Using  Gases  or 
Other Low-flashpoint Fuels (IGF Code). 

The  purpose  of  the  envisaged  amendments  to  regulation  3-8  of  part  A-1  of  chapter  II-1  of 
SOLAS relates to safe towering and mooring. The purpose of the amendments to parts B, B-1 
and  B-2  –  B-4  of  chapter  II-1of  SOLAS  is  to  ensure  consistency  with  regard  to  watertight 
integrity. Generally, not all types of ships are installed with the indicators in question (rudder, 
propeller, thrust, pitch and operating model indicator).  

The  envisaged  amendments  to  regulation  11  of  the  International  Code  of  Safety  for  Ship 
Using Gases or Other Low-flashpoint Fuels (IGF Code) aim at providing consistency to the 
IGF  Code,  regarding  the  existing  requirements  for  ships  using  natural  gas  as  fuel  by 
introducing necessary amendments based on the experience gained on the application of the 
Code.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Amendments to regulation MARPOL Annex VI 

3.1. 
During the 71st session of the Marine Environment Protection Committee (MEPC 71), which 
took  place  in  London  3  –  7  July  2017,  a  new  output  on  "Consistent  implementation  of 
regulation 14.1.3 of MARPOL Annex VI" was approved, for inclusion in the biennial agenda 
for  2018-2019  of  the  Sub-Committee  on  Pollution  Prevention  and  Response  and  in  the 
provisional  agenda  for  the  5th  session  of  the  Sub-Committee  on  Pollution  Prevention  and 
Response (PPR 5), with a target completion year of 2019.  

PPR  5,  which  took  place  in  London  5  –  9  February  2018,  developed  draft  amendments  to 
regulation 14 of MARPOL Annex VI for a prohibition on the carriage of non-compliant fuel 
oil  for  combustion  purposes  for  propulsion  or  operation  on  board  a  ship.  With  minor 
modifications, the 72nd session of the Marine Environment Protection Committee (MEPC 72), 
which took place in London 9 – 13 April 2018, approved the draft amendments to MARPOL 
Annex VI.  

The  Intersessional  Meeting  on  consistent  implementation  of  regulation  14.1.3  of  MARPOL 
Annex  VI  took  place  in  London  from  9  –  13  July  2018.  The  European  Union  submitted 
document ISWG-AP 1/3/2, proposing amendments to regulation 14 and regulation 18. 

MEPC  73  adopted  the  amendments  agreed  by  resolution  MEPC.305  (73).  MEPC  73 
determined  that  these  amendments  shall  be  deemed  to  have  been  accepted  on  1  September 
2019 and shall enter into force on 1 March 2020. 

PPR 6, which took place in London from 18 – 22 February 2019 developed draft amendments 
to:  

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regulation 1 on the application of the regulation; 

regulation  2  providing  definitions  of  "sulphur  content  of  fuel  oil",  "low-flashpoint 
fuel", "MARPOL delivered sample", "in-use sample", and "onboard sample"; 

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regulation  14  on  in-use  and  onboard  fuel  oil  sampling  and  testing  for  a  MARPOL 
Annex VI fuel oil sample; 

regulation 18 concerning the verification procedure; 

appendix I on "the Supplement to the IAPP Certificate", concerning fuel oil sampling 
point; and 

appendix VI concerning the Fuel verification procedure for MARPOL Annex VI fuel 
oil samples. 

PPR  6  referred  these  amendments  to  MEPC  74,  which  accepted  them  and  referred  them  to 
MEPC 75 for adoption. 

The  amendments  to  regulations  1,  2,  14,  18,  20,  21  and  appendices  I  and  VI  of  MARPOL 
Annex VI are set out in IMO Document MEPC 75/3. Paragraph 5.116 of the MEPC 74 report 
(MEPC 74/18) indicates that the amendments are foreseen to be adopted at MEPC 75. 

In  light  of  the  reinforced  implementing  provisions  of  Directive  2016/802,  the  Union  should 
support  these  amendments  as  they  reflect  the  need  to  globally  enforce,  in  a  robust  and 
unambiguous  manner,  the  0.50%  sulphur  limit  in  marine  fuel.  This  will  ensure  an  effective 
reduction of sulphur oxide emissions, avoiding their detrimental effects on human health and 
in ecosystems, while avoiding distortion of competition in the sector. 

3.2. 

Amendments  to  Chapter  II-1  of  the  Convention  of  Safety  of  Life  at  Sea 
(SOLAS) 

3.2.1.  Amendments to SOLAS Chapter II-1/A-1/3-8 on towing and mooring equipment 
The issue of safe mooring was raised by the EU as a new unplanned output at the 95th session 
of  MSC  (document  MSC  95/19/2)  and  accepted  by  MSC.  A  Japanese  proposal  to  add 
consideration  of  maintenance  and  replacement  of  damaged  or  deteriorated  mooring  lines 
(document MSC 95/19/13) was also accepted by MSC. The issue was then considered by the 
Sub Committee on Ship Design and Construction (SDC) both in a working group and through 
a Correspondence Group, coordinated by Denmark along with Japan. The 6th session of SDC 
(SDC 6) finalised the draft amendments to SOLAS and the related guidelines and guidance. 
The 101st session of the Maritime Safety Committee (MSC 101) then considered the outcome 
of SDC, namely:  

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Amendments to SOLAS regulation 3-8 of part A-1 of Chapter II-1, 

Guidelines on the design of mooring  arrangements  and the selection of appropriate 
mooring equipment and fittings for safe mooring, 

Guidelines  for  inspection  and  maintenance  of  mooring  equipment  including  lines, 
and 

Revised  guidance  on  shipboard  towing  and  mooring  equipment  and  the  associated 
draft MSC circular, i.e. MSC.1/Circ.1175/Rev.1, and 

all the associated draft MSC circulars 

MSC  101  approved  the  draft  SOLAS  amendments  set  out  in  Annex  25  of  the  MSC  report 
MSC 101/24 Add.1.  The related Guidelines and guidance were approved in principle at MSC 
101  and  will  finally  be  approved  in  conjunction  with  the  adoption  of  the  draft  SOLAS 
amendments.  Paragraphs  12.2-9  of  the  MSC  101  report  (MSC  101/24)  indicates  that  the 
SOLAS  amendments  and  related  guidelines  and  guidance  are  foreseen  to  be  adopted  and 
approved respectively at MSC 102. 

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As  the  amendments  to  SOLAS  and  associated  guidelines,  guidance  and  MSC  circulars 
provide a comprehensive upgrade in current  mooring  arrangements.  They  correspond to  the 
intent of the original Union proposal, so the Union should support the adoption of the SOLAS 
amendments and the approval of the related instruments. 

3.2.2.  Watertight integrity – consistency between regulations in SOLAS Chapter II-1 B, B-1 

and B-2 – B-4  

At  its  96th  session  MSC  had  agreed  to  include  in  the  2018-2019  biennial  agenda  of  the 
Committee an output on "Review SOLAS chapter II-1, parts B-2 to B-4, to ensure consistency 
with parts B and B-1 with regard to watertight integrity", assigning the SDC Sub Committee 
as the coordinating organ.  

SDC  6  finalised  the  draft  amendments  to  SOLAS  and  referred  them  to  MSC  101.    The 
amendments to parts  B, B-1 and B-2 – B-4 of SOLAS Chapter II-1 are set out in Annex 25 of 
document MSC 101/24 Add.1.  

As regards the calculation of the factor si in regulation 7-2 of SOLAS Chapter II-1 B-1, SDC 
came  to  the  view  that  while  developing  amendments  to  SOLAS  regulation  II-1/7-2.5  was 
outside the scope of the output, an amendment to SOLAS was the most efficient and effective 
way  to  address  the  inherent  inconsistencies  in  SOLAS  regulation  II-1/7-2.5.2.1  regarding 
doors  in  bulkheads  above  the  bulkhead  deck  that  are  considered  watertight  in  the  damage 
stability calculations. SDC 6 agreed to request MSC 101 to concur with this approach to solve 
the inconsistencies as regards watertight integrity between the various parts of B in SOLAS 
Chapter II-1. MSC 101 did so (paragraph 12.10 of MSC 101 report MSC 101/24 refers) and 
the amendments are also setout in Annex 25 of document MSC 101/24 Add.1.  

Paragraph 12.12 of the MSC 101 report (MSC 101/24) indicates that the above amendments 
are foreseen to be adopted at MSC 102. 

Since  the  amendments  to  SOLAS  chapter  II-1,  parts  B-2  to  B-4  introduce  coherence 
throughout  part  B  in  the  provisions  on  watertight  integrity,  including  the  key  issue  of  ship 
damage stability calculations, and their approval was supported by the Union at MSC 101, the 
Union should support the adoption of these amendments. 

3.3. 

Amendments to parts A-1 and B-1 of the International Code of Safety for Ship 
Using Gases or Other Low-flashpoint Fuels (IGF Code)  

The  5th  session  of  the  Sub  Committee  on  the  Carriage  of  Cargoes  and  Containers  (CCC  5) 
agreed to draft amendments to paragraph 6.7.1.1 (pressure relief systems) and chapter 11 (fuel 
preparation room fire extinguishing systems) of part A-1 of the IGF Code, as set out in annex 
2 of the CCC report, CCC 5/13, for submission to MSC 101 for approval (paragraph 3.31 of 
the CCC 5/13 refers). MSC 101 then approved these draft amendments, as set out in annex 14 
of MSC 101/24 Add.1. Paragraph 9.2 of the MSC 101 report (MSC 101/24) indicates that the 
amendments are foreseen to be adopted at MSC 102  

CCC 5 also  approved draft amendments to  paragraph 16.3.3.5.1 concerning tensile tests  for 
materials other than aluminium alloys for the fuel containment system of part B-1 of the IGF 
Code, as set out in annex 5 of CCC 5/13 for submission to MSC 101 for approval (paragraph 
4.14 of CCC 5/13 refers). MSC 101 then approved these amendments as set out in annex 14 
of  MSC  101/24  Add.1.  Paragraph  9.3  of  MSC  101/24  indicates  that  the  amendments  are 
foreseen to be adopted at MSC 102. 

The amendment to paragraph 6.7.1.1 provides greater clarity on spaces to be provided with a 
suitable  pressure  relief  system.  The  amendment  to  chapter  11  to  include  a  fixed  fire 
extinguishing  system  for  a  fuel  preparation  room  provides  additional  safety.  Both  have 

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previously  been  supported  for  approval  at  MSC  101  by  the  Union.  Therefore,  the  Union 
should support the adoption of these amendments.  

3.4. 

Relevant EU legislation and EU competence 

3.4.1.  Amendments to MARPOL Annex VI 

MARPOL Annex VI requirements, with regard to the reduction of sulphur content of marine 
fuel  oils  with  a  view  decrease  SOx  air  polluting  emissions,  are  implemented  in  EU  law  in 
Directive  (EU)  2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016 
relating  to  a  reduction  in  the  sulphur  content  of  certain  liquid  fuels.  Therefore,  the 
amendments due to be adopted at MEPC 75 which introduce changes to MARPOL Annex VI 
will have a direct effect on the Directive's requirements. 

3.4.2.  Amendments to Chapter II-1 of the Convention of Safety of Life at Sea (SOLAS) 

Article 6(2)(a)(i) of Directive 2009/45/EC  on safety  rules and standards for passenger ships 
applies SOLAS, as amended, to Class A passenger ships.  

Therefore, the amendments due to be adopted at MSC 102, which would introduce changes to 
Chapter II-1, parts A and B will have a direct effect on the Directive's requirements. 

3.4.3.  Amendments to parts A-1 and B-1 of the International Code of Safety for Ship Using 

Gases or Other Low-flashpoint Fuels (IGF Code)  

Article 6(2)(a)(i) of Directive 2009/45/EC  on safety  rules and standards for passenger ships 
applies SOLAS, as amended, to Class A passenger ships. The IGF Code is made mandatory 
for passenger ships through SOLAS. 

Therefore,  the  amendments  due  to  be  adopted  at  MSC  102,  would  have  a  direct  effect  on 
requirements through the application of Directive 2009/45/EC. 

3.4.4.  EU competence 

The  amendments  to  MARPOL  Annex  VI  would  affect  EU  law  through  the  application  of 
Directive  (EU)  2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016 
relating to a reduction in the sulphur content of certain liquid fuels. 

The amendments to Chapter II-1 of the Convention of Safety of Life at Sea (SOLAS) would 
affect EU law through the application of Directive 2009/45/EC. 

The  amendments  to  parts  A-1  and  B-1  of  the  International  Code  of  Safety  for  Ship  Using 
Gases or Other Low-flashpoint Fuels (IGF Code) would affect EU law though the application 
of Directive 2009/45/EC. 

The  Union,  therefore,  has  exclusive  competence  by  virtue  of  the  last  limb  of  Article  3(2) 
TFEU and it is, thus, necessary to establish the position of the Union on the acts adopting the 
above-mentioned amendments.   

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  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 

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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.1 

The concept 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’.2 

4.1.2.  Application to the present case 

The IMO Marine Environment Protection Committee and the Maritime Safety Committee are 
bodies  set  up  by  an  agreement,  namely  the  Convention  on  the  International  Maritime 
Organization.  

The acts which the IMO Marine Environment Protection Committee and the Maritime Safety 
Committee  are  called  upon  to  adopt  constitute  acts  having  legal  effects.  The  envisaged  acts 
are capable of decisively influencing the content of the following EU legislation 

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Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 
2016  relating  to  a  reduction  in  the  sulphur  content  of  certain  liquid  fuels  and 
Regulation (EU) No 530/2012 of the European Parliament and of the Council on the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-
hull oil tankers. This is because Directive (EU) 2016/802 of the European Parliament 
and of the Council of 11 May 2016 relating to a reduction in the sulphur content of 
certain liquid fuels reflects the sulphur-related requirements of MARPOL Annex VI 
as the tool to achieve its aim.  

Directive 2009/45/EC of the European Parliament and of the Council on safety rules 
and standards for passenger ships. This is because Directive 2009/45 establishes that 
passenger  ships  of  Class  A  are  to  comply  entirely  with  the  requirements  of  the 
SOLAS Convention, as amended.  

Therefore,  the  amendments  to  MARPOL  Annex  VI,  the  amendments  to  SOLAS  and  the 
amendments to the IGF Code would affect EU law through the application of Directive (EU) 
2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  relating  to  a 
reduction  in  the  sulphur  content  of  certain  liquid  fuels3  and  Directive  2009/45/EC  of  the 
European  Parliament  and  of  the  Council  of  6  May  2009  on  safety  rules  and  standards  for 
passenger ships respectively. 

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

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

4.2. 

Substantive legal basis 

4.2.1.  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 taken on the 

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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.  
Commission  Implementing  decision  (EU)  2015/253  of  16  February  2015  laying  down  the  rules 
concerning the sampling and reporting under the Directive (OJ L 41, 17.2.2015, p. 55–59). 

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Union's behalf.  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. 

4.2.2.  Application to the present case 

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

4.3. 

Conclusion 

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

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2020/0026 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International 
Maritime Organization during the 75th session of the Marine Environment Protection 
Committee and the 102nd session of the Maritime Safety Committee on the adoption of 
amendments to Annex VI to the International Convention for the Prevention of 
Pollution from Ships, amendments to Chapter II-1 of the International Convention for 
the Safety of Life at Sea and amendments to the International Code of Safety for Ship 
Using Gases or Other Low-flashpoint Fuels 

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) 

(5) 

(6) 

(7) 

(8) 

Action  by  the  Union  in  the  sector  of  maritime  transport  should  aim  to  protect  the 
marine environment, human health and improve maritime safety.  

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

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. 

Pursuant  to  Article  38(a)  of  the  Convention  on  the  IMO,  the  Marine  Environment 
Protection  Committee  performs  such  functions  as  are  or  may  be  conferred  upon  the 
IMO  by  or  under  international  conventions  for  the  prevention  and  control  of  marine 
pollution  from  ships,  particularly  with  respect  to  the  adoption  and  amendment  of 
regulations or other provisions.  

Pursuant  to  Article  28(b)  of  the  Convention  on  the  IMO,  the  Maritime  Safety 
Committee  provides  machinery  for  the  performance  of  any  duties  assigned  to  it  in 
accordance  with  that  Convention,  by  the  IMO  Assembly  or  by  the  IMO  Council,  or 
any  duty  within  the  scope  of  that  Article  which  may  be  assigned  to  the  Maritime 
Safety Committee under any other international instrument and accepted by the IMO. 

The International Convention for the Prevention of Pollution from Ships (‘MARPOL 
Convention’) entered into force on 2 October 1983.  

Pursuant to Article 16(2)(c) of the MARPOL Convention, amendments thereto may be 
adopted  by  the  appropriate  body,  in  this  case  the  Marine  Environment  Protection 
Committee. 

The  International  Convention  for  the  Safety  of  Life  at  Sea  (‘SOLAS  Convention’) 
entered into force on 25 May 1980.  

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9 

  EN 

(9) 

Pursuant to Article VIII(b)(iii) of the SOLAS Convention, the IMO’s Maritime Safety 
Committee may adopt amendments to the SOLAS Convention.  

(10)  The  Marine  Environment  Protection  Committee,  during  its  75th  session  from  30 
March to 3 April (‘MEPC 75’) is to adopt amendments to Annex VI to the MARPOL 
Convention.  

(11)  The  Maritime  Safety  Committee,  during  its  102nd  session  from  13  to  22  May  2020 
(‘MSC 102’) is to adopt amendments to Chapter II-1 of the SOLAS Convention and 
amendments to Parts A-1 and B-1 of the International Code of Safety for Ship Using 
Gases or Other Low-flashpoint Fuels (‘IGF Code’). 

(12) 

(13) 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MEPC 75, as the amendments to regulations 1, 2, 14, 18, 20, 21 and appendices I and 
VI of Annex VI to the MARPOL Convention will be capable of decisively influencing 
the  content  of  Union  law,  namely  Directive  (EU)  2016/802  of  the  European 
Parliament and of the Council1,2. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MSC 102, as the amendments to Chapter II-1 the SOLAS Convention will be capable 
of decisively influencing the contents of Union law, namely Directive 2009/45/EC of 
the European Parliament and of the Council3, and as the amendments to the IGF Code 
will be capable of decisively influencing the contents of Union law, namely Directive 
2009/45/EC  of  the  European  Parliament  and  of  the  Council  on  safety  rules  and 
standards for passenger ships. 

(14)  The  amendments  to  Annex  VI  to  the  MARPOL  Convention  would  ensure  the 
consistent  implementation  of  the  0.50%  sulphur  limit  in  marine  fuels  set  out  in 
Regulation 14. The Union should support these amendments to achieve the projected 
health  and  environmental  benefits  resulting  from  reduced  sulphur  dioxide  emissions 
from on board combustion.  

(15)  The amendments to Part A-1 of Chapter II-1 to the SOLAS Convention would provide 
for  safer  mooring  of  vessels.  The  Union  should  support  these  amendments  because 
they provide a comprehensive upgrade in current mooring arrangements.  

(16)  The  amendments  to  Parts  B,  B-1,  B-2  to  B-4  of  Chapter  II-1  to  the  SOLAS 
Convention  would  ensure  consistency  in  the  provisions  on  watertight  integrity  of 
vessels.  The  Union  should  support  these  amendments  because  as  they  introduce 
coherence  throughout  part  B  in  the  provisions  on  watertight  integrity,  including  the 
key issue of ship damage stability calculations. 

(17)  The  amendments  to  parts  A-1  and  B-1  of  the  IGF  Code  provide  improvements 
concerning  fuel  containment,  fire  safety  and  tensile  tests  for  welding  of  metallic 
materials  and  non-destructive  testing  for  the  fuel  containment  system  based  on  the 
experience  gained  in  the  application  of  the  Code.  The  Union  should  support  these 
amendments because they give greater clarity on spaces to be provided with a suitable 

1 

2 

3 

Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a 
reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58). 
Commission  Implementing  Decision  (EU)  2015/253  of  16  February  2015  laying  down  the  rules 
concerning  the  sampling  and  reporting  under  Council  Directive  1999/32/EC  as  regards  the  sulphur 
content of marine fuels (OJ L 41, 17.2.2015, p. 55–59) 
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 
standards for passenger ships (OJ L 163, 25.6.2009, p. 1). 

EN 

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  EN 

                                                 
pressure  relief  system  and  provide  for  additional  safety  measures  in  fuel  preparation 
rooms. 

(18)  The Union’s  position is  to  be expressed by the  Member States of the Union  that are 
members  of  the  IMO’s  Marine  Environment  Protection  Committee  and  Maritime 
Safety Committee, acting jointly,  

HAS ADOPTED THIS DECISION: 

Article 1 
The  positions  to  be  taken  on  the  Union’s  behalf  in  the  75th  session  of  the  IMOs  Marine 
Environment  Protection  Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to 
Annex VI to the International Convention for the Prevention of Pollution from Ships as laid 
down in the Annex to IMO Document MEPC 75/3. 

Article 2 
The positions to be taken on the Union’s behalf in the 102nd session of the IMO’s Maritime 
Safety Committee shall be to agree to: 

(a) 

(b) 

1. 

2. 

the adoption of amendments to Chapter II-1 of the International Convention for the 
Safety of Life at Sea laid down in Annex 1 to IMO document MSC 102/3; 

the  adoption  of  the  amendments  to  Parts  A-1  and  B-1  of  the  International  Code  of 
Safety for Ship Using Gases or Other Low-flashpoint Fuels laid down in Annex 2 to 
IMO document MSC 102/3. 

Article 3 

The position referred to in Article 1 shall be expressed by the Member States of the 
Union  that  are  members  of  the  IMO’s  Marine  Environment  Protection  Committee, 
acting jointly. 

The position referred to in Article 2 shall be expressed by the Member States of the 
Union that are members of the IMO’s Maritime Safety Committee,  

This Decision is addressed to the Member States.   

Article 4  

Done at Brussels, 

For the Council 
The President 

EN 

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  EN