Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 105th session of the Maritime Safety Committee and the 46th session of the Facilitation Committee on the adoption of a resolution on performance standards for survival craft portable two-way VHF radiotelephone apparatus, revising resolution MSC.149(77) and amendments to the Convention on Facilitation of International Maritime Traffic (FAL)
Date: 2022-03-07
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, administrative cooperation, international convention, maritime safety, radio telecommunications, revision of an agreement, search and rescue, technical regulations, vessel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 7.3.2022  COM(2022) 88 final 2022/0062 (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 105th session of the Maritime Safety Committee and the 46th session of the Facilitation Committee on the adoption of a resolution on performance standards for survival craft portable two-way VHF radiotelephone apparatus, revising resolution MSC.149(77) and amendments to the Convention on Facilitation of International Maritime Traffic (FAL)   
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns a decision establishing the position to be taken on the Union's behalf 
at the 105th session of the International Maritime Organization’s Maritime Safety Committee 
(MSC 105), taking place from 20 to 29 April 2022, and at the 46th session of the International 
Maritime Organization’s Facilitation Committee (FAL 46), which will take place from 9 to 13 
May 2022.  

During MSC 104, it was envisaged to adopt a  MSC resolution at MSC 105 on performance 
standards  for  survival  craft  portable  two-way  very  high  frequency  (VHF)  radiotelephone 
apparatus, revising resolution MSC.149 (77). 

During  FAL  45,  it  was  envisaged  to  adopt  amendments  at  FAL  46  to  the  Convention  on 
Facilitation of International Maritime Traffic (FAL). 

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. The Union is not a party to the Convention. 

All  Member  States  are  parties  to  the  Convention  on  Facilitation  of  International  Maritime 
Traffic  (FAL),  adopted  on  9  April  1965,  which  entered  into  force  on  5  March  1967.  The 
Union is not a party to FAL. 

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  based  notably  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 

EN 

1 

  EN 

 
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 Facilitation Committee consists of all the IMO Members and meets at least once a 
year. It deals with matters related to the facilitation of international maritime traffic, including 
the  arrival,  stay  and  departure  of  ships,  persons  and  cargo  from  ports.  The  Committee  also 
addresses  electronic business, including the single window concept,  and  aims to  ensure that 
the  right  balance  is  struck  between  regulation  and  the  facilitation  of  international  maritime 
trade. 

Both  IMO’s  Maritime  Safety  Committee  and  Facilitation  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  Facilitation Committee, and of their subsidiary bodies, are adopted by  a 
majority of their Members.  

2.3. 

The envisaged act of the IMO’s Maritime Safety Committee 

On  20  to  29  April  2022,  MSC  105  is  to  adopt  a  draft  MSC  resolution  on  performance 
standards  for  survival  craft  portable  two-way  VHF  radiotelephone  apparatus,  revising 
resolution MSC.149(77).  

The purpose of the envisaged resolution is to improve the previously adopted, by resolution 
MSC.149.(77),  performance  standards 
two-way  VHF 
radiotelephone apparatus. 

for  survival  craft  portable 

2.4. 

The envisaged act of the IMO’s Facilitation Committee 

On 9 to 13 May 2022, FAL 46 is to adopt amendments to the FAL Convention. The purpose 
of the envisaged amendments is to review and update the Annex of the FAL Convention, with 
a view to bring that Annex closer to the requirements of Regulation (EU) 2019/1239 and the 
agreed business rules for implementing the latter, namely by making electronic transmission 
through a single window mandatory, avoiding data elements being repeated, preventing paper 
forms from being used for the transmission of information, and waiving the requirement for a 
manual signature.   

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1.  MSC resolution on Performance standards for survival craft portable two-way 

VHF radiotelephone apparatus, revising resolution MSC.149(77) 

During the 8th session of the Sub-Committee on Navigation, Communications and Search and 
Rescue  (NCSR  8),  which  took  place  virtually  from  19  April  to  23  April  2021,  the  Sub-
Committee  agreed  to  a  draft  MSC  resolution  on  performance  standards  for  survival  craft 
portable  two-way  VHF  radiotelephone  apparatus,  revising  resolution  MSC  149(77),  with  a 
view to approval by MSC 104 and subsequent adoption by MSC 105. 

MSC 104 approved the  envisaged amendments, with 12.8.2.9 of the MSC 104 report (MSC 
104/18) indicating that the amendments are foreseen to be adopted at MSC 105.  

At NSCR 8, the Union’s  position was to  support  the proposals  in  CIRM  (NCSR 8/6/2) and 
Japan (NCSR 8/6/4) to amend resolution MSC.149(77) on performance standards for survival 

EN 

2 

  EN 

 
 
craft  portable  two-way  VHF  radiotelephone  apparatus  to  take  into  consideration  the  unified 
interpretation  agreed at  NCSR 7 and  propose that  document NCSR 8/6/4 (Japan) is  used as 
the basis for amending the resolution.  

The Union should support these amendments as they will improve the previously adopted, by 
resolution  MSC  149(77),  performance  standards  for  survival  craft  portable  two-way  VHF 
radiotelephone  apparatus,  in  order  to  cater  for  the  modernization  of  the  Global  Maritime 
Distress  and  Safety  System  (GMDSS)  and  include  the  unified  interpretation  regarding  the 
battery validity dates for survival craft portable two-way VHF radiotelephone apparatus. 

3.2. 

Amendments  to  the  Convention  on  Facilitation  of  International  Maritime 
Traffic (FAL) 

At its 42nd session, FAL approved a new output on "Review and update of the annex of the 
FAL  Convention"  with  the  aim  to  strengthen  the  provisions  related  to  the  electronic 
transmission of information, in order to include a clear obligation for the public authorities to 
introduce  a  single  window,  introduce  the  reporting  once  principle,  mandate  the  use  of  the 
IMO  Compendium  on  Facilitation  and  Electronic  Business  to  ensure  harmonization  of  the 
definitions  of  the  data,  clarify  the  functions  of  the  FAL  forms  in  the  context  of  electronic 
transmission and waive the requirement for a manual signature. The new output was included 
in  its  2018-2019  biennial  agenda  and  in  the  provisional  agenda  for  FAL  43,  with  a  target 
completion year of 2021. In this regard, FAL 42 decided to establish a Correspondence Group 
on  the  Review  and  Update  of  the  Annex  to  the  FAL  Convention  under  the  coordination  of 
France,  and  instructed  this  Member  State  to  initiate  a  review  of  the  Annex  to  the  FAL 
Convention and draft amendments for further consideration by FAL 43.  

FAL 43 endorsed the work of the Correspondence Group and decided, among others, that: 

 

 

 

 

 

 

The  Recommended  Practice  on  the  establishment  of  a  single  window  should  be 
raised to a Standard; 

The definition of a single window should be a generic definition; 

The IMO Compendium should not form part of the Annex  to the FAL Convention, 
but rather, there should only be a reference to it; 

A  visa  requirement  (if  necessary)  for  shore  leave  in  the  crew  list  should  not  be 
included; 

The  establishment  of  national  facilitation  committees  should  remain  as  a 
Recommended Practice; 

Further discussions were required as to whether the data elements mentioned in the 
Annex  to  the  FAL  Convention  should  remain  listed  per  formality  or  whether  to 
include a holistic list in an Appendix.  

The Committee also endorsed the re-establishment of the correspondence group on the review 
and update of the Annex to the FAL Convention, under the coordination of France.  

FAL 44 approved the use of a consolidated master list of data in the appendix of the Annex to 
the FAL Convention and agreed to merge, in a single Standard, the existing Standards related 
to  the  authentication  requirements  for  each  of  the  declarations  in  the  Annex  of  the  FAL 
Convention. In addition, the Committee endorsed the re-establishment of the correspondence 
group on the review and update of the Annex to the FAL Convention, under the coordination 
of France, and agreed to extend the target completion year to 2023.  

EN 

3 

  EN 

FAL  45  approved  the  envisaged  amendments  to  the  Annex  of  the  FAL  Convention,  with 
paragraph 4.17 of the FAL report (FAL 45/22) indicating that the amendments are foreseen to 
be adopted at FAL 46.  

At  FAL  42,  the  Union’s  position  was  to  support  the  proposal  by  Turkey  (FAL  42/14)  to 
establish  a  new  output  on  the  "Review  and  update  the  Annex  to  the  FAL  Convention".  In 
addition,  the  decisions  taken  at  FAL  43,  FAL  44  and  FAL  45  were  in  line  with  the  Union 
positions. 

Therefore, the Union should support these amendments, as they will bring the  Annex to the 
FAL  Convention  closer  to  the  requirements  of  Regulation  (EU)  2019/1239  and  adopt  the 
agreed business rules for implementing the latter, namely to make the electronic transmission 
through  a  single  window  mandatory,  avoid  the  repetition  of  data  elements,  prevent  paper 
forms  from  being  used  for  the  transmission  of  information,  and  waive  the  requirement  for 
manual signatures.  

3.3. 

Relevant EU legislation and EU competence 

3.3.1.  MSC resolution on Performance standards for survival craft portable two-way VHF 

radiotelephone apparatus, revising resolution MSC.149(77)  

Survival  craft  portable  two-way  VHF  radiotelephone  apparatus  is  covered  by  Directive 
2014/90/EU  on  marine  equipment  as  it  is  listed  as  item  5.17  of  Commission  Implementing 
Regulation  (EU)  2021/1158  of  22  June  2021  on  design,  construction  and  performance 
requirements  and  testing  standards  for  marine  equipment  and  repealing  Implementing 
Regulation  (EU)  2020/11701.  Implementing  Regulation  (EU)  2021/1158  refers  to  the  IMO 
Resolution  MSC.149(77)  on  the  adoption  of  the  revised  performance  standards  for  survival 
craft portable two-way VHF radiotelephone apparatus.  

Therefore, the performance standards for survival craft portable two-way VHF radiotelephone 
apparatus  due  to  be  adopted  at  MSC  105  will  affect  the  requirements  applicable  under 
Directive 2014/90/EU.  

3.3.2.  Amendments  to  the  Convention  on  Facilitation  of  International  Maritime  Traffic 

(FAL) 

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on 
reporting formalities for  ships arriving in  and/or  departing from  ports of the Member States 
and repealing Directive 2002/6/EC2 (the ‘Reporting Formalities Directive’) aims to simplify 
and  harmonise  the  administrative  procedures  applied  to  maritime  transport  by  making  the 
electronic  transmission  of  information  standard  and  by  rationalising  reporting  formalities. 
Article  7  of  the  Directive  requires  Union  Member  States  to  accept  FAL  forms  for  the 
fulfilment of reporting formalities. The Directive defines ‘FAL Forms’ in Article 2(c) as “the 
standardised  forms,  as  provided  for  in  the  FAL  Convention”.  In  addition,  the  list  of  FAL 
Forms is provided in part B of the Annex to Directive 2010/65/EU. 

In 2019, the EU adopted Regulation (EU) 2019/1239 of the European Parliament and of the 
Council of 20 June 2019 establishing a European Maritime Single Window environment and 
repealing Directive 2010/65/EU3 (the ‘EMSWe Regulation’). This Regulation has entered into 
force,  but  will  apply  only  as  from  15  August  2025.  Within  this  new  framework,  important 

1 
2 
3 

OJ L 254, 16.7.2021, p. 1. 
OJ L 283, 29.10.2010, p. 1. 
OJ L 198, 25.7.2019, p. 64. 

EN 

4 

  EN 

 
                                                 
steps are made towards further reducing administrative burdens and increasing the efficiency 
and attractiveness of maritime transport. It provides for the creation of a European Maritime 
Single  Window  environment  (EMSWe)  with  a  common  data  set,  harmonised  reporting 
interfaces and the application of the reporting-only-once principle. The ‘EMSWe data set’ is 
defined in Article 2(8) of the Regulation as “the complete list of data elements stemming from 
reporting obligations”. The reporting obligations are included in the Annex to the Regulation 
and include all the FAL forms in its Part B. Further, the third subparagraph of Article 3(3) of 
the Regulation sets out that “When assessing whether data elements are to be included in the 
EMSWe  data  set,  the  Commission  shall  take  into  account  safety  concerns,  as  well  as  the 
principles  of  the  FAL  Convention,  namely  the  principle  of  only  requiring  the  reporting  of 
essential information and keeping the number of items to a minimum”.  

Therefore, the amendments to the Annex of the FAL Convention due to be adopted at FAL 46 
will affect the application of the abovementioned rules of Directive 2010/65/EU and, as from 
the date when it becomes applicable, of Regulation (EU) 2019/1239.  

3.3.3.  EU competence 

The  MSC  resolution  on  performance  standards  for  survival  craft  portable  two-way  VHF 
radiotelephone  apparatus,  revising  resolution  MSC.149(77),  would  affect  Union  law,  in 
particular the application of Directive 2014/90/EU. 

The amendments to the Annex of the FAL Convention would affect Union law, in particular 
the application of Directive 2010/65/EU and, as from the date when it becomes applicable, of 
Regulation (EU) 2019/1239. 

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.4 

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’.5 

4.1.2.  Application to the present case 

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

4 
5 

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.  

EN 

5 

  EN 

                                                 
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: 

– 

– 

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/EC.  This  is  because 
survival  craft  portable  two-way  VHF  radiotelephone  apparatus  is  covered  by 
Directive  2014/90/EU  on  marine  equipment,  as  it  is  listed  as  item  5.17  of 
Commission Implementing Regulation (EU) 2021/1158 on design, construction and 
performance requirements and testing standards for marine equipment and repealing 
Implementing Regulation (EU) 2020/1170.  

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 
2010 on reporting formalities for ships arriving in and/or departing from ports of the 
Member  States  and  repealing  Directive  2002/6/EC  and,  as  from  the  date  when  it 
becomes applicable, Regulation (EU) 2019/1239 of the European Parliament and of 
the  Council  of  20  June  2019  establishing  a  European  Maritime  Single  Window 
environment  and  repealing  Directive  2010/65/EU  (EMSWe  Regulation).  This  is 
because  Article  7  of  the  Directive  requires  Union  Member  States  to  accept  FAL 
forms  for  the  fulfilment  of  reporting  formalities,  whereas  Article  3  of  Regulation 
(EU)  2019/1239  sets  out  that  “When  assessing  whether  data  elements  are  to  be 
included  in  the  EMSWe  data  set,  the  Commission  shall  take  into  account  safety 
concerns,  as well as  the principles of  the FAL  Convention, namely the principle of 
only  requiring  the  reporting  of  essential  information  and  keeping  the  number  of 
items to a minimum”. 

Therefore, the adoption of 

– 

the  MSC  resolution  on  performance  standards  for  survival  craft  portable  two-way 
VHF radiotelephone apparatus, revising resolution MSC.149(77)  

and the amendments to  

– 

the Annex to the Convention on Facilitation of International Maritime Traffic (FAL)  

would affect Union law, in particular 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/EC;  Directive  2010/65/EU  of  the  European  Parliament  and  of  the  Council  of 
20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of 
the Member States and repealing Directive 2002/6/EC; and, as from the date when it becomes 
applicable, Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 
June  2019  establishing  a  European  Maritime  Single  Window  environment  and  repealing 
Directive 2010/65/EU (EMSWe Regulation). 

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 

EN 

6 

  EN 

 
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 maritime 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. 

EN 

7 

  EN 

2022/0062 (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 105th session of the Maritime Safety Committee and 
the 46th session of the Facilitation Committee on the adoption of a resolution on 
performance standards for survival craft portable two-way VHF radiotelephone 
apparatus, revising resolution MSC.149(77) and amendments to the Convention on 
Facilitation of International Maritime Traffic (FAL) 

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) 

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  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.  

Pursuant  to  Article  48(a)  of  the  Convention  on  the  IMO,  the  Facilitation  Committee 
may  adopt  amendments  to  the  Convention  on  Facilitation  of  International  Maritime 
Traffic (‘FAL  Convention’)1. All  Member States are parties  to  the  FAL Convention. 
The Union is not a party to that Convention. 
The Maritime Safety Committee, during its 105th session from 20 to 29 April 2022, is 
to approve a resolution on performance standards for survival craft portable two-way 
very  high 
resolution 
MSC.149(77). 
The Facilitation Committee, during its 46th session from 9 to 13 May 2022, is to adopt 
amendments to the Annex to the FAL Convention.  

radiotelephone  apparatus, 

frequency 

revising 

(VHF) 

1 

The FAL Convention entered into force on 5 March 1967. 

EN 

8 

  EN 

 
                                                 
(7) 

(8) 

(9) 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
105th session of the Maritime Safety Committee, as the envisaged MSC resolution on 
performance  standards  for  survival  craft  portable  two-way  VHF  radiotelephone 
apparatus, revising resolution MSC.149(77), will be capable of decisively influencing 
the contents of Union law, namely 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/EC 2.  

The  adoption  of  the  MSC  resolution  on  performance  standards  for  survival  craft 
portable  two-way  VHF  radiotelephone  apparatus,  revising  resolution  MSC.149(77)  
would  improve  the  previously  adopted  performance  standards  for  survival  craft 
portable two-way VHF radiotelephone apparatus. The Union should therefore support 
the  resolution,  as  it  is  meant  to  cater  for  the  modernization  of  the  Global  Maritime 
Distress and Safety System (GMDSS) and include the unified interpretation regarding 
the  battery  validity  dates  for  survival  craft  portable  two-way  VHF  radiotelephone 
apparatus. 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
46th session of the Facilitation Committee, as the envisaged amendments to the Annex 
of the FAL Convention will be capable of decisively influencing the content of Union 
law, namely Directive 2010/65/EU of the European Parliament and of the Council of 
20 October  2010  on  reporting  formalities  for  ships  arriving  in  and/or  departing  from 
ports of the Member States and repealing Directive 2002/6/EC3 and, as from the date 
when it becomes applicable, Regulation (EU) 2019/1239 of the European Parliament 
and of the Council of 20 June 2019 establishing a European Maritime Single Window 
environment and repealing Directive 2010/65/EU (EMSWe Regulation)4. 

(10)  The amendments to the Annex of the FAL Convention would bring the Annex to the 
FAL  Convention  closer  to  the  requirements  of  Regulation  (EU)  2019/1239  and  the 
agreed  business  rules  for  implementing  the  latter,  namely  by  making  electronic 
transmission  through  a  single  window  mandatory,  preventing  data  elements  from 
being  repeated,  preventing  paper  forms  from  being  used  for  the  transmission  of 
information, and waiving the requirement for manual signatures.  

(11)  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 Facilitation Committee, acting 
jointly, 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  105th  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Maritime  Safety  Committee  shall  be  to  agree  to  the 
adoption of the MSC resolution on performance standards for survival craft portable two-way 
VHF radiotelephone apparatus, revising resolution MSC.149(77).  

2 OJ L 257, 28.8.2014, p. 146. 
3 
4 OJ L 198, 25.7.2019, p. 64. 

OJ L 283, 29.10.2010, p. 1. 

EN 

9 

  EN 

                                                 
Article 2 
The position to be taken on the Union’s behalf in the 46th session of the IMO’s Facilitation 
Committee shall be to agree to the adoption of amendments to the Annex of the Convention 
on Facilitation of International Maritime Traffic (‘FAL Convention’). 

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 Facilitation Committee, acting jointly. 

This Decision is addressed to the Member States.   

Article 4  

Done at Brussels, 

For the Council 
The President 

EN 

10 

  EN