Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 103rd session of the Maritime Safety Committee and the 76th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, the International Code on the enhanced programme of inspections during surveys of Bulk carriers and Oil tankers, the International Code for Fire Safety Systems and the International Convention on the Control of Harmful Anti-fouling Systems on Ships
Date: 2021-03-18
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, biocide, crew, fire protection, international convention, maritime safety, professional qualifications, revision of an agreement, technical regulations, vessel, vocational training

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   EUROPEAN COMMISSION  Brussels, 18.3.2021  COM(2021) 127 final 2021/0066 (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 103rd session of the Maritime Safety Committee and the 76th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, the International Code on the enhanced programme of inspections during surveys of Bulk carriers and Oil tankers, the International Code for Fire Safety Systems and the International Convention on the Control of Harmful Anti-fouling Systems on Ships   
 
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 103rd session of the International Maritime Organization’s Maritime Safety Committee 
(MSC  103),  taking  place  virtually  from  5  to  14  May  2021  and  at  the  76th  session  of  the 
International  Maritime  Organization’s  Marine  Environment  Protection  Committee  (MEPC 
76), which will take place virtually from 7 to 17 June 2021. During MSC 103, it is envisaged 
to adopt amendments to: 

– 

– 

– 

International Convention on Standards of Training, Certification and Watchkeeping 
for Seafarers (STCW Convention),  

International  Code  on  the  enhanced  programme  of  inspections  during  surveys  of 
Bulk carriers and Oil tankers (ESP Code), 

International Code for Fire Safety Systems (FSS Code) 

During MEPC 76, it is envisaged to adopt amendments at to: 

– 

2. 

The Convention on Antifouling Systems (AFS Convention) 

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.  

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

Membership in the IMO is open to all States and all EU Member States are IMO members. 
The  EU’s  relations  with  IMO  are  notably  based  on  the  Arrangement  for  Co-operation  and 
Collaboration concluded between the Inter-Governmental Maritime Consultative Organisation 
(IMCO) and the Commission of the European Communities in 1974. 

The  IMO  Maritime  Safety  Committee  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’s Marine Environment Protection Committee also 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. 

Both  IMO’s  Maritime  Safety  Committee  and  Marine  Environment  Protection  Committee 
provide machinery for performing any duties assigned to  them by the  IMO Convention, the 
IMO  Assembly  or  the  IMO  Council,  or  any  duty  within  the  above  scope  which  may  be 
assigned  to  them  by  or  under  any  other  international  instrument  and  accepted  by  the  IMO. 
Decisions  of  the  Maritime  Safety  Committee  and  the  Marine  Environment  Protection 
Committee, and of their subsidiary bodies are adopted by a majority of their Members.  

2.3. 

The envisaged acts of the IMO’s Maritime Safety Committee 

On 5 to 14 May 2021, MSC 103 is to adopt amendments to the STCW Convention and Code, 
ESP Code, FSS Code, SOLAS Chapter III and the LSA Code. 

The purpose of the  envisaged amendments  to  regulation  1/1  of the STCW Convention is  to 
include a definition of ‘high voltage’ and to section A-1/1 of the STCW Code is to amend the 
definition of ‘operational level’ to include the capacity ‘electro-technical officer’.  

The purpose of the envisaged amendments to Annex 2 of Part A of Annex B of the 2011 ESP 
Code is to restrict the thickness measurement of double hull oil tankers at first renewal survey 
to only suspect areas. 

The  purpose  of  the  envisaged  amendments  to  Chapter  9  of  the  Fire  Safety  Systems  (FSS) 
Code  is  to  clarify  the  acceptability  of  less  complex  and  costly  section  identifiable  fault 
isolation  for  individually  identifiable  fire  detector  systems  installed  on  cargo  ships  and 
passenger ship cabin balconies.  

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2.4. 

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

On  10  to  17  June  2021,  MEPC  76  is  to  adopt  amendments  to  the  AFS  Convention.  The 
purpose of the envisaged amendments is to include cybutryne in the list of banned antifouling 
substances. This is an outcome of an EU initiative.  

3. 

3.1. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Amendments  to  the  International  Convention  on  Standards  of  Training, 
Certification and Watchkeeping for Seafarers 

During the 6th session of the Sub-Committee on Human Element, Training and Watchkeeping 
(HTW  6),  which  took  place  in  London  from  29  April  to  3  May  2019,  the  Sub-Committee 
accepted  a  request  by  ITF  proposing  to  clarify  the  operational  level  of  the  functions  of 
"electro-technical  officer"  in  the  definition  of  "operational  level"  in  section  A-I/1  of  the 
STCW Code (Definitions and clarifications) and the inclusion of a new definition of the term 
"high-voltage" in this section.  

The  Sub-Committee  subsequently  agreed  on  the  draft  definition  of  "high-voltage"  to  be 
included in STCW regulation I/1, as set out in annex 7 of HTW 6/13 for submission to MSC 
102  for  approval  with  a  view  to  adoption.  The  Sub-Committee  also  agreed  to  the  draft 
amendment  to  section  A-I/1  of  the  STCW  Code  on  the  inclusion  of  the  capacity  "electro-
technical officer" in the definition of "operational level", as a consequential amendment to the 
introduction of this capacity as part of the 2010 Manila Amendments, as set out in annex 8 of 
HTW 6/13, for submission to MSC 102 for approval with a view to adoption.  

MSC 102 approved the amendments  and paragraphs 13.9 and 13.10 of the MSC 102 report 
(MSC 102/24) indicate that the amendments are foreseen to be adopted at MSC 103.  

The  Union  should  support  these  amendments  as  they  clarify  the  operational  level  of  the 
functions of "electro-technical officer" and introduce a common definition of the term ‘high-
voltage’ 

3.2. 

Amendments  to  the  International  Code  on  the  enhanced  programme  of 
inspections during surveys of Bulk carriers and Oil tankers (ESP Code) 
At its 7th session, the Sub-Committee on Ship Design and Construction considered a proposal 
by  IACS,  backed  up  by  a  study,  to  amend  annex  2  of  part  A  of  annex  B  of  the  2011  ESP 
Code,  as  amended  by  resolution  MSC.461(101), whereby  it  would  be  sufficient  to  consider 
only suspect  areas  for thickness  measurements  at  the first  renewal  survey of double hull oil 
tankers. After a brief discussion, the Sub-Committee agreed to draft amendments to the 2011 
ESP  Code,  as  set  out  in  annex  7,  for  submission  to  MSC  102  with  a  view  to  approval  and 
subsequent adoption. 

MSC 102 approved the amendments and paragraph 17.24 of the MSC report (MSC 102/24) 
indicates  that  the  amendments  are  foreseen  to  be  adopted  at  MSC  103.  This  matter  was 
already included in the EU non-paper for MSC 102. 

The Union should support these amendments as they allow IACS to focus on suspect areas for 
thickness measurements of double hull oil tankers.  

3.3. 

Amendments to the International Code for Fire Safety Systems (FSS Code). 

MSC  98  included  a  new  output  on  "Amendments  to  chapter  9  of  the  FSS  Code  for  fault 
isolation  requirements  for  cargo  ships  and  passenger  ship  cabin  balconies  fitted  with 
individually identifiable fire detector systems" in the 2018-2019 biennial agenda of the Sub-

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Committee  and  the  provisional  agenda  for  SSE  6,  with  a  target  completion  year  of  2020 
(MSC 98/23, paragraph 20.34). 
At  its  7th  session  the  Sub-Committee  on  Ship  Systems  and  Equipment  (SSE)  agreed  to  the 
draft amendments to chapter 9 of the International Code for Fire Safety Systems (FSS Code) 
and the associated draft MSC resolution, as set out in annex 3 of its report SSE 7/21 with a 
view to approval by MSC 102. 

MSC 102 approved the draft amendments to chapter 9 of the FSS Code, and paragraph 19.8 
of the MSC report (MSC 102/24) indicates that the amendments are foreseen to be adopted at 
MSC 103. 

The Union should support these amendments as they accommodate systems, which combine 
the  enhanced  safety  of  individually  identifiable  fire  detectors,  which  are  required  for 
passenger  ships,  with  the  less  complex  and  less  costly  section  identifiable  fault  isolation, 
which are acceptable for cargo ships and passenger ship cabin balconies only. 

3.4. 

Amendments to the Convention on Antifouling Systems 

MEPC  71  accepted  the  EU  request  proposing  a  new  output  to  amend  Annex  1  to  the 
International  Convention  on  the  Control  of  Harmful  Anti-Fouling  Systems  on  Ships  (AFS) 
Convention, 2001, to include controls on cybutryne and forwarded it to the 5th session of the 
Sub-Committee on Pollution Prevention and Control (PPR 5) for consideration.  

MEPC 73 noted that PPR 5, having first agreed that the initial proposal to amend annex 1 to 
the AFS Convention to include controls on cybutryne, as submitted on behalf of the Union in 
document  PPR  5/19  together  with  the  information  contained  in  document  PPR  5/INF.9, 
satisfied the requirements of annex 2 to the AFS Convention, had agreed that a more detailed 
review of cybutryne was warranted.  

Following  discussions  at  PPR  7,  the  Sub-Committee  agreed  to  (1)  the  draft  amendment  to 
Annex  1  (Controls  on  anti-fouling  systems)  to  the  AFS  Convention  to  include  controls  on 
cybutryne, as  set  out  in  annex 1 to  annex 6, for consideration by MEPC 75, with  a view to 
resolving the effective dates currently in square brackets and subsequent approval; and (2) the 
draft  amendments  to  Annex  4  (Surveys  and  certification  requirements  for  anti-fouling 
systems)  to  the  AFS  Convention,  including  the  draft  amendments  to  the  model  form  of  the 
International Anti-fouling System Certificate, for consideration by MEPC 75, with a view to 
approval. 

MEPC 75 finalised the text of the amendments to the AFS Convention and paragraph 10.17 of 
the MEPC report (MEPC 75/18) indicates that the amendments are foreseen to be adopted at 
MEPC 76. The position to support these amendments was included in the EU non-paper for 
MEPC 75. 

The  Union  initiated  the  call  for  a  global  ban  on  this  antifouling  substance,  which  has  now 
been banned for sale within the EU. The Union should therefore support these amendments, 
as they will introduce a global ban of this substance, thus achieving the EU’s goal. 

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3.5. 

Relevant EU legislation and EU competence 

3.5.1.  Amendments to the International Convention on Standards of Training, Certification 

and Watchkeeping for Seafarers 

Directive  2008/106/EC1  requires  Member  States  to  ensure  that  seafarers  are  trained  as  a 
minimum  in  accordance  with  the  requirements  of  the  STCW  Convention  and  apply  the 
mandatory  part  A  of  the  STCW  Code.  Article  1,  paragraphs  6  and  7  of  the  Directive 
indicating  the  responsibilities  for  electrical  issues  for  specific  ship  officers,  and  Regulation 
III/5  of  Chapter  I  of  Annex  I,  referring  to  the  specific  function  of  electrical,  electronic  and 
control  engineering,  to  which  the  abilities  specified  in  the  standards  of  competence  are 
assigned are particularly relevant in the case at hand. The amendments due to be adopted at 
MSC  103,  which  introduce  changes  to  the  STCW  Code  Part  A,  will  affect  the  Directive's 
requirements. 

3.5.2.  Amendments  to  the  International  Code  on  the  enhanced  programme  of  inspections 

during surveys of Bulk carriers and Oil tankers 

Articles  5  and  6  of  Regulation  ((EU)  No  530/2012  of  the  European  Parliament  and  of  the 
Council2 make mandatory the application of the IMO's Condition Assessment Scheme (CAS) 
to  single  hull  oil  tankers  above  15  years  of  age.  The  Enhanced  Programme  of  Inspections 
during  surveys  of  Bulk  Carriers  and  Oil  tankers  or  Enhanced  Survey  Programme  (ESP) 
specifies  how  to  undertake  this  intensified  assessment.  As  CAS  uses  ESP  as  the  tool  to 
achieve its aim, any changes to the ESP inspections, such as the current amendments to focus 
surveys  only  on  suspect  areas  for  thickness  measurements  at  the  first  renewal  survey  of 
double  hull  oil  tankers  will  automatically  be  applicable  through  Regulation  (EU)  No 
530/2012. 

3.5.3.  Amendments to the International Code for Fire Safety Systems (FSS Code) 

Article  6(2)(a)(i)  of  Directive  2009/45/EC  on  safety  rules  and  standards  for 
passenger ships3 applies SOLAS, as amended, to Class A passenger ships. The FSS 
Code is made mandatory for passenger ships through SOLAS. 

Therefore,  the  amendments  to  the  FSS  Code  due  to  be  adopted  at  MSC  103,  would  affect 
requirements applicable through Directive 2009/45/EC. 

3.5.4.  Amendments to the Convention on Antifouling Systems 
The EU Biocidal Products Regulation (EU) No 528/20124 regulates the making available on 
the market  and use of i.a. anti-fouling products.  Following the outcome of several scientific 
studies  and  the  peer  review  performed  at  EU  level,  the  Commission  adopted  Implementing 
Decision (EU) 2016/107 of 27 January 20165 that effectively prohibits making  available on 
the market  as well as the use of anti-fouling paints  containing cybutryne in  all EU Member 
States  and  EEA  States. Therefore,  the  amendments  to  the  Anti-fouling  Systems  Convention 
will affect Regulation (EU) 528/2012.  

3.5.5.  EU competence 

The amendments to the STCW Code Part A would affect EU law through the application of 
Directive 2008/106/EC. 

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4 
5 

OJ L 323, 3.12.2008, p. 33–61 
OJ L 172, 30.6.2012, p. 3–9 
OJ L 163, 25.6.2009, p. 1–140 
OJ L 167, 27.6.2012, p. 1–123 
OJ L 21, 28.1.2016, p. 81–82 

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The amendments to the ESP Code would affect EU law through the application of Regulation 
(EU) 530/2012.  

The amendments to the International Code for Fire Safety Systems (FSS Code) would affect 
EU law through the application of Article 6(2)(a)(i) of Directive 2009/45/EC. 

The  amendments  to  the  International  Convention  on  the  Control  of  Harmful  Anti-fouling 
Systems on Ships would affect EU law through the application of Regulation (EU) 528/2012. 

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 
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.6 

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’.7 

4.1.2.  Application to the present case 

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

The  acts  which  these  two  IMO  committees  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, namely: 

– 

– 

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Directive  (EU)  2008/106  of  the  European  Parliament  and  of  the  Council  of  19 
November 2008 on the  minimum  level  of training of seafarers. This  is  because the 
Directive applies Part A of the STCW Code. 

Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 
June  2012  on  the  accelerated  phasing-in  of  double-hull  or  equivalent  design 
requirements  for  single-hull  oil  tankers.  This  is  because  the  Regulation  make 
mandatory  the  application  of  the  IMO's  Condition  Assessment  Scheme  (CAS)  to 
single  hull  oil  tankers  above  15  years  of  age.  The  Enhanced  Programme  of 
Inspections  during  surveys  of  Bulk  Carriers  and  Oil  tankers  or  Enhanced  Survey 
Programme  (ESP)  specifies  how  to  undertake  this  intensified  assessment.  As  CAS 
uses  ESP  as  the  tool  to  achieve  its  aim,  any  changes  to  the  ESP  inspections  will 
automatically be applicable through Regulation (EU) No 530/2012. 

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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– 

– 

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.  The  FSS  Code  is  made  mandatory  through  the 
SOLAS Convention. 

Regulation (EU) 528/2012 of the European Parliament and of the Council of 22 May 
2012  concerning  the  making  available  on  the  market  and  use  of  biocidal  products. 
This  is  because the Regulation  prohibits making available on the market  as well as 
the use of anti-fouling paints containing cybutryne in all EU Member States and EEA 
States.  

Therefore, the amendments to  

– 

– 

– 

– 

International  Convention  on  Standards  of  Training,  Certification  and 

the 
Watchkeeping for Seafarers 

the International Code on the enhanced programme of inspections during surveys of 
Bulk carriers and Oil tankers 

the International Code for Fire Safety Systems (FSS Code), 

the  International  Convention  on  the  Control  of  Harmful  Anti-fouling  Systems  on 
Ships 

would  affect  EU  law  through  the  application  of  Directive  (EU)  2008/106  of  the  European 
Parliament  and  of  the  Council  of  19  November  2008  on  the  minimum  level  of  training  of 
seafarers; Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 
June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for 
single-hull oil tankers; Directive 2009/45/EC of the European Parliament and of the Council 
of  6  May  2009  on  safety  rules  and  standards  for  passenger  ships;  and  Regulation  (EU) 
528/2012  of  the  European  Parliament  and  of  the  Council  of  22  May  2012  concerning  the 
making available on the market and use of biocidal products, respectively. 

The  envisaged  acts  do  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 
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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2021/0066 (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 103rd session of the Maritime Safety Committee and 
the 76th session of the Marine Environment Protection Committee on the adoption of 
amendments to the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, the International Code on the enhanced programme of 
inspections during surveys of Bulk carriers and Oil tankers, the International Code for 
Fire Safety Systems and the International Convention on the Control of Harmful Anti-
fouling Systems on Ships 

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) 

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3 

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  28(b)  of  the  Convention  on  the  IMO,  the  Maritime  Safety 
Committee  may  adopt  amendments  to  the  International  Convention  on  Standards  of 
Training, Certification and Watchkeeping for Seafarers (‘STCW Convention’)1 and to 
the International Convention for the Safety of Life at Sea (‘SOLAS Convention’)2.  

Pursuant  to  Article  38(a)  of  the  Convention  on  the  IMO,  the  Marine  Environment 
Protection Committee may adopt amendments to the International Convention on the 
Control of Harmful Anti-fouling Systems on Ships (‘AFS Convention’)3.  
The Maritime Safety Committee, during its 103rd session from 5 to 14 May 2021, is to 
adopt amendments to the STCW Convention, the International Code on the enhanced 
programme of inspections during surveys of Bulk carriers and Oil tankers (ESP Code) 
and the International Code for Fire Safety Systems (FSS Code). 
The Marine Environment Protection Committee, during its 76th session from 10 to 17 
June 2021, is to adopt amendments to the AFS Convention.  

The STCW Convention entered into force on 28 April 1984. 
The SOLAS Convention entered into force on 25 May 1980. 
The AFS Convention entered into force on 17 September 2008. 

EN 

8 

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(7) 

(8) 

(9) 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
103rd session of the Maritime Safety Committee, as the amendments to the STCW, the 
ESP Code and the FSS Code will be capable of decisively influencing the contents of 
Union  law,  namely  Directive  2008/106/EC  of  the  European  Parliament  and  of  the 
Council4, Regulation (EU) 530/2012 of the European Parliament and of the Council5 
and  Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council6, 
respectively.  

The amendments to Part A of the STCW Code of the STCW Convention would clarify 
the  operational  level  of  the  functions  of  "electro-technical  officer"  and  introduce  a 
common  definition  of  the  term  ‘high-voltage’.  The  Union  should  therefore  support 
those  amendments  because  they  clarify  functions  of  persons  working  on  board, 
thereby providing better clarity of the different responsibilities and tasks. 

The  amendments  to  Annex  2  of  part  A  of  Annex  B  of  the  ESP  Code  would  enable 
surveyors  to  focus  on  suspect  areas  for  thickness  measurements  of  double  hull  oil 
tankers.  The  Union  should  therefore  support  those  amendments  because  they  will 
increase safety at sea and reduce the risk of spills in case of accidents. 

(10)  The amendments to Chapter 9 of the FSS Code would accommodate systems, which 
combine  the  enhanced  safety  of  individually  identifiable  fire  detectors,  which  are 
required for passenger ships, with the less complex and less costly section identifiable 
fault isolation, which are acceptable for cargo ships and passenger ship cabin balconies 
only. The Union should therefore support those amendments because they will lead to 
better protection of persons on board in case of fires. 

(11) 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
76th session of the Marine Environment Protection Committee, as the amendments  to 
Annexes 1 and 4 of the AFS Convention will be capable of decisively influencing the 
content of Union law, Regulation (EU) 528/2012 of the European Parliament and of 
the Council of 22 May 2012 concerning the making available on the market and use of 
biocidal products. 

(12)  The amendments  to  Annexes 1 and 4 of the AFS Convention would ensure a  global 
ban on the anti-fouling substance, cybutryne, which is already banned for sale within 
the Union.  

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

HAS ADOPTED THIS DECISION: 

Article 1 
The  positions  to  be  taken  on  the  Union’s  behalf  in  the  103rd  session  of  the  International 
Maritime Organization’s (‘IMO’) Maritime Safety Committee shall be to agree to: 

4 

5 

6 

Directive  2008/106/EC  of  the  European  Parliament  and  of  the  Council  of  19  November  2008  on  the 
minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33). 
Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the 
accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (OJ L 
172, 30.6.2012, p. 3). 
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). 

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(a) 

(b) 

(c) 

the  adoption  of  amendments  to  the  International  Convention  on  Standards  of 
Training, Certification and Watchkeeping for Seafarers laid down in Annexes 7 and 
8 of IMO document MSC 102/24;  

the adoption of amendments  to  the  International  Code on the enhanced programme 
of inspections during surveys of Bulk carriers and Oil tankers laid down in Annex 15 
of IMO document MSC 102/24; and 

the  adoption  of  amendments  to  the  International  Code  for  Fire  Safety  Systems  laid 
down in Annex 20 of IMO document MSC 102/24. 

Article 2 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  76th  session  of  the  IMOs  Marine 
Environment  Protection  Committee  shall  be  to  agree  to  the  adoption  of  amendments  to  the 
International Convention on the Control of Harmful Anti-fouling Systems on Ships laid down 
in Annex 7 to IMO document MEPC 75/18. 

Article 3 

1. 

2. 

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

This Decision is addressed to the Member States.  

Done at Brussels, 

Article 4  

For the Council 
The President 

EN 

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