Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 106th session of the Maritime Safety Committee and the 79th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code) and to the International Convention for the Prevention of Pollution from Ships (‘MARPOL’) Annex VI
Date: 2022-09-06
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, environmental monitoring, fuel oil, international convention, marine pollution, maritime safety, pollution from ships, revision of an agreement, safety standard, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 6.9.2022  COM(2022) 439 final 2022/0259 (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 106th session of the Maritime Safety Committee and the 79th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code) and to the International Convention for the Prevention of Pollution from Ships (‘MARPOL’) Annex VI   
 
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 106th session of the International Maritime Organization’s Maritime Safety Committee 
(MSC  106),  taking  place  from  2  to  11  November  2022,  and  at  the  79th  session  of  the 
International  Maritime  Organization’s  Marine  Environment  Protection  Committee  (MEPC 
79), which will take place from 12 to 16 December 2022.  

During MSC 105, it was envisaged that MSC 106 would adopt amendments to: 

(1) 

(2) 

chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 
1974; 

the International Code on the Enhanced Programme of Inspections during Surveys of 
Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code). 

During MEPC 78, it was envisaged that MEPC 79 would adopt amendments to: 

(1) 

MARPOL Annex VI on inclusion of more information on the ship's carbon intensity 
performance in the IMO Ship Fuel Oil Consumption Database. 

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 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.  

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.  

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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. 

IMO’s 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.  

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 act of the IMO’s Maritime Safety Committee 

During its session from 2 to 11 November 2022, MSC 106 is to adopt amendments to SOLAS 
Chapter II-2 and ESP Code. 

The purpose of the envisaged amendments to SOLAS Chapter II-2 is to take into account oil 
fuel  suppliers  who  have  failed  to  meet  the  flashpoint  requirements,  actions  against  oil  fuel 
suppliers  that  have  been  found  to  deliver  oil  fuel  that  does  not  comply  with  minimum 
flashpoint  requirements,  and  documentation  of  the  flashpoint  of  the  actual  fuel  batch  when 
bunkering. 

The  purpose  of  the  envisaged  amendments  to  the  ESP  Code  is  to  implement  stricter 
requirements for survey of ballast tanks and void spaces intended to address the safety issues 
that  were  identified  during  the  flag  State's  marine  safety  investigation  of  the  loss  of  MV 
Stellar Daisy. 

2.4. 

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

On 12 to 16 December 2022, MEPC 79 is to adopt amendments to MARPOL Annex V and 
VI. 

The  purpose  of  the  envisaged  amendments  to  MARPOL  Annex  VI  is  to  include  more 
information  on  the  ship's  carbon  intensity  performance  in  the  IMO  Ship  Fuel  Oil 
Consumption Data Collection System. 

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3. 

3.1. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Amendments  to  chapter  II-2  of  the  International  Convention  for  the  Safety  of 
Life at Sea 

The Maritime Safety Committee (MSC), at its 100th session, agreed to include in its biennial 
agenda an output on "Development of further measures to enhance the safety of ships relating 
to  the  use  of  fuel  oil",  with  a  target  completion  year  of  2021  to  review  existing  safety 
provisions for fuel oil and information concerning the safety implications associated with the 
use of fuel oil, and to develop further measures to enhance the safety of ships relating to the 
use of fuel oil. MSC 100 also agreed that a working group could be established at MSC 101 
with a view to further progressing the development of measures to enhance the safety of ships 
relating  to  the use of fuel  oil.  At MSC 100, the Union’s  position was to  support  any future 
developments  seeking  to  enhance  fuel  quality  and  ensure  a  quality-oriented  fuel  supply  in 
view of potential safety operating aspects related to their use. 

MSC 101 established the Correspondence Group on Oil Fuel Safety, under the coordination 
of  Germany,  with  among  others  the  following  terms  of  reference:  .1  further  consider  the 
development of mandatory requirements regarding the reporting of confirmed cases where oil 
fuel suppliers have failed to meet the flashpoint requirements of the Organization, taking into 
account  that  feedback  should  also  be  provided  to  the  supplier;  .2  further  consider  the 
development  of  mandatory  requirements  to  ensure  SOLAS  Contracting  Governments  take 
action as appropriate against oil fuel suppliers in confirmed cases of deliveries of oil fuel that 
does not comply with the requirements specified in SOLAS regulation II-2/4.2.1, taking into 
account  regulation  18.9.4  of  MARPOL  Annex  VI;  .3  further  consider  the  development  of 
mandatory requirements regarding the documentation of the flashpoint of the actual fuel batch 
when  bunkering,  providing  a  statement  that  the  oil  fuel  delivered  complies  with  SOLAS 
regulation II-2/4.2.1.  

At MSC 101, the Union position was to support the proposals in the submitted documents and 
proposed that they should be discussed in more detail in the Working Group on Measures to 
Enhance the Safety of Ships Relating to the Use of Fuel Oil. 

MSC 103 re-established  the Correspondence Group on Development  of further measures to 
enhance the safety of ships relating to the use of fuel oil, under the coordination of Germany.  

The Group was instructed, among others to:  

(1) 

(2) 

(3) 

further  develop,  with  a  view  towards  finalization,  draft  SOLAS  amendments 
regarding  the  reporting  of  confirmed  cases  where  oil  fuel  suppliers  have  failed  to 
meet  the  flashpoint  requirements  of  the  Organization,  taking  into  account  that 
feedback should also be provided to the supplier,  

further develop, with a view towards finalization, the draft SOLAS amendments on 
actions against oil fuel suppliers that have been found to deliver oil fuel that does not 
comply with minimum flashpoint requirements,  

further  develop,  with  a  view  to  finalization,  the  mandatory  requirements  regarding 
the documentation of the flashpoint of the actual fuel batch when bunkering. 

At  MSC  103,  the  Union’s  position  was  to  support  the  report  of  the  correspondence  group 
concerning the mandatory requirements.  

MSC 105 approved the envisaged amendments, paragraph 5.13 of the MSC 105 report (MSC 
105/20), with a view to adoption at MSC 106. 

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At MSC 105, the Union’s position was to support the proposal of the Correspondence Group 
on development of further measures to enhance the safety of ships relating to the use of fuel 
oil.  

The Union position should be to support these amendments as they will enhance the safety of 
ships relating to the use of fuel oil by taking into account oil fuel suppliers, who have failed to 
meet  the  flashpoint  requirements,  actions  against  oil  fuel  suppliers  that  have  been  found  to 
deliver  oil  fuel  that  does  not  comply  with  minimum  flashpoint  requirements,  and 
documentation of the flashpoint of the actual fuel batch when bunkering. 

3.2. 

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

MSC  103  had  instructed  the  Sub-Committee  on  Ship  Design  and  Construction  (SDC  8),  to 
consider the amendments to the ESP Code to address safety issues that were identified during 
the flag State's marine safety investigation of the loss of MV Stellar Daisy, under its existing 
continuous output "Amendments to the ESP Code". MSC 103 also agreed that the SDC Sub-
Committee should consider in detail proposed amendments to the 2011 ESP Code to address 
matters related to surveys of ballast tanks and void spaces, and such amendments should enter 
into force with other amendments being developed under the existing output.  

At  MSC  103,  the  Union’s  position  was  to  support  that  the  SDC  Sub-Committee  would 
consider amendments to the 2011 ESP Code. 

SDC 8 agreed to the draft amendments to the 2011 ESP Code for submission to MSC 105 for 
approval. At SDC 8, the Union’s position was to support the results of the MV Stellar Daisy 
investigation. 

MSC  105  approved  draft  amendments  to  the  2011  ESP  Code,  paragraph  15.12  of  the  MSC 
105 report (MSC 105/20), with a view to adoption at MSC 106. 

At MSC 105, the Union’s position was to support the approval of the draft amendments to the 
2011 ESP Code with a view to subsequent adoption. 

The Union position should be to support these amendments as they are intended to strengthen 
the requirements for inspections of void spaces and ballast tanks. 

3.3. 

Amendments  to  the  International  Convention  for  the  Prevention  of  Pollution 
from Ships (‘MARPOL’) Annex VI 

The  Union  had  suggested  to  MEPC  77  to  include  information  on  the  ship’s  required  and 
attained Energy Efficiency Existing Ship  Index (EEXI) and Carbon Intensity Indicator (CII) 
values  and  rating  in  the  IMO  Data  Collection  System  (DCS).  It  further  suggested  possible 
amendments to Appendix IX of MARPOL Annex VI and draft terms of reference for a work 
stream for amending the IMO DCS 

MEPC  77  had  instructed  the  Intersessional  Working  Group  on  GHG  (ISWG-GHG  11)  to 
further  consider  among  others  the  proposals  of  possible  amendments  to  appendix  IX  of 
MARPOL Annex VI. 

At MEPC 77, the Union’s positon was to support suggested  amendments to appendix IX of 
MARPOL Annex VI.  

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ISWG-GHG 11 had finalised the draft amendments to Appendix IX of MARPOL Annex VI 
to include more information on the ship's carbon intensity performance, with a view of their 
approval at MEPC 78. 

MEPC 78 approved the draft amendments to Appendix IX of MARPOL Annex VI to include 
more  information  on  the  ship's  carbon  intensity  performance  in  the  IMO  Ship  Fuel  Oil 
Consumption  Data  Collection  System,  paragraph  7.119  of  the  MEPC  78  report  (MEPC 
78/17), with a view to adoption at MEPC 79. 

At MEPC 78 and ISWG-GHG 11, the Union position was to support the approval of the draft 
amendments to Appendix IX of MARPOL Annex VI.  

The Union position should be to support these amendments as information on carbon intensity 
of  ships  would  provide  essential  information  on  the  global  fleet’s  energy  efficiency  and 
carbon intensity performance, and therefore should be reported to the IMO DCS.  

3.4. 

Relevant EU legislation and EU competence 

3.4.1.  Amendments to chapter II-2 of the International Convention for the Safety of Life at 

Sea 

Directive  2009/45/EC  on  safety  rules  and  standards  for  passenger  ships1  in  its  Article 
6(2)(a)(i) applies SOLAS, as amended, to Class A passenger ships.  

Therefore, the amendments to SOLAS Chapter II-2 due to be adopted at MSC 106 will affect 
the requirements applicable under Directive 2009/45/EC.  

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

during surveys of Bulk carriers and Oil tankers (ESP Code) 

Regulation  (EU)  No  530/2012  on  the  accelerated  phasing-in  of  double-hull  or  equivalent 
design requirements for single-hull oil tankers2 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. 

Therefore,  the  amendments  2011  ESP  Code  due  to  be  adopted  at  MSC  106  will  affect  the 
application of Regulation (EU) No 530/2012.  

3.4.3.  Amendments  to  the  International  Convention  for  the  Prevention  of  Pollution  from 

Ships (‘MARPOL’) Annex VI 

Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon  dioxide 
emissions from maritime transport, and amending Directive 2009/16/EC establishes the legal 
framework  for  an  EU  system  to  monitor,  report  and  verify  CO2  emissions  and  energy 
efficiency  from  shipping  (MRV  Regulation)3.  The  regulation  aims  to  deliver  robust  and 
verifiable  CO2  emissions  data,  inform  policy  makers  and  stimulate  the  market  uptake  of 

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3  

OJ L 163, 25.6.2009, p. 1 
OJ L 172, 30.6.2012, p. 3 
OJ L 123, 19.5.2015, p. 55 

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energy efficient technologies and behaviours. It does so by addressing market barriers such as 
the lack of information.  

Related  delegated  Commission  regulations  on  verification  and  accreditation  of  verifiers  and 
on  the  refinement  of  monitoring  methods  were  adopted  on  22  September  2016.4  Two 
additional implementing regulations on cargo parameters and templates were adopted by the 
Commission on 4 November 2016.5 

The Energy Efficiency Existing Ship Index (EEXI) and the Carbon Intensity Indicator (CII), 
values which are to be included in the IMO Data Collection System, are linked to the MRV 
Regulation, as the EU Regulation aims to collect and publish information on the technical and 
operational energy efficiency of ships on a per-ship basis. 

Therefore, the amendments to MARPOL Annex VI due to be adopted at MEPC 79 will affect 
the implementation of Regulation (EU) 2015/757. 

3.4.4.  EU competence 

The amendments to SOLAS Chapter II-2 would affect Union law, in particular the application 
of Directive 2009/45/EC. 

The  amendments  2011  ESP  Code  would  affect  Union  law,  in  particular  the  application  of 
Regulation (EU) No 530/2012. 

The  amendments  to  MARPOL  Annex  VI  would  affect  Union  law,  in  particular  the 
implementation of Regulation (EU) 2015/757. 

The subject matter of the envisaged acts therefore concerns an area for which the Union has 
exclusive external competence by virtue of the last limb of Article 3(2) TFEU.  

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.’ 

4 Commission  Delegated  Regulation  (EU)  2016/2071  of  22  September  2016  amending  Regulation  (EU) 
2015/757 of the European Parliament and of the Council as regards the methods for monitoring carbon dioxide 
emissions  and  the  rules  for  monitoring  other  relevant  information,  OJ  L  320,  26.11.2016,  p.  1–4  and 
Commission  Delegated  Regulation  (EU)  2016/2072  of  22  September  2016  on  the  verification  activities  and 
accreditation of verifiers pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council 
on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, OJ L 320, 
26.11.2016, p. 5–24 

5 Commission  Implementing  Regulation  (EU)  2016/1927  of  4  November  2016  on  templates  for  monitoring 
plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757 of the European 
Parliament  and  of  the  Council  on  monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from 
maritime transport, OJ L 299, 5.11.2016, p. 1–21 and Commission Implementing Regulation (EU) 2016/1928 
of 4 November 2016 on determination of cargo carried for categories of ships other than passenger, ro-ro and 
container  ships pursuant to Regulation (EU) 2015/757 of the European Parliament and  of the Council on the 
monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport,  OJ  L  299, 
5.11.2016, p. 22–25 

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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 and notably: 

– 

– 

– 

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

Regulation (EU) 530/2012 on the accelerated phasing-in of double-hull or equivalent 
design  requirements  for  single-hull  oil  tankers.  This  is  because  Regulation  (EU) 
530/2012  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. 

Regulation  (EU)  2015/757  (MRV  Regulation)  on  the  monitoring,  reporting  and 
verification  of  carbon  dioxide  emissions  from  maritime  transport,  and  amending 
Directive 2009/16/EC. This is because of the links between the MRV Regulation and 
both the EEXI and CII values to be included in the IMO Data Collection System. 

Therefore, the adoption of the amendments to  

– 

– 

– 

chapter II-2 of the International Convention for the Safety of Life at Sea 

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

the  International  Convention  for 
(‘MARPOL’) Annex VI 

the  Prevention  of  Pollution  from  Ships 

are capable of decisively influencing the content of the following EU legislation, in particular 
Directive  2009/45/EC  on  safety  rules  and  standards  for  passenger  ships,  Regulation  (EU) 
530/2012 on the accelerated phasing-in of double-hull or equivalent design requirements for 
single-hull  oil  tankers  and  Regulation  (EU)  2015/757  (MRV  Regulation)  establishing  the 
legal  framework for an EU system to  monitor, report and verify CO2 emissions and energy 
efficiency from shipping. 

6 
7 

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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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 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. 

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2022/0259 (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 106th session of the Maritime Safety Committee and 
the 79th session of the Marine Environment Protection Committee on the adoption of 
amendments to the International Convention for the Safety of Life at Sea (SOLAS), the 
International Code on the Enhanced Programme of Inspections during Surveys of Bulk 
Carriers and Oil Tankers, 2011 (2011 ESP Code) and to the International Convention 
for the Prevention of Pollution from Ships (‘MARPOL’) Annex VI 

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  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. 
The  Maritime  Safety  Committee,  during  its  106th  session  from  4  to  11  November 
2022, is to adopt amendments to chapter  II-2 of the International Convention for the 
Safety  of  Life  at  Sea  (‘SOLAS  Convention’)  and  to  the  International  Code  on  the 
enhanced  programme  of  inspections  during  surveys  of  Bulk  carriers  and  Oil  tankers 
(ESP Code). 
The Marine Environment Protection Committee, during its 79th session from 12 to 16 
December  2022,  is  to  adopt  amendments  to  appendix  IX  of  Annex  VI  to  the 
International Convention for the Prevention of Pollution from Ships (‘MARPOL’). 

EN 

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(7) 

(8) 

(9) 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
106th  session  of  the  Maritime  Safety  Committee,  as  the  envisaged  amendments  to 
chapter  II-2  of  SOLAS  Convention  and  to  the  2011  ESP  Code,  are  capable  of 
decisively  influencing  the  contents  of  Union  law,  namely  Directive  2009/45/EC  on 
safety rules and standards for passenger ships1 and Regulation (EU) 530/2012 on the 
accelerated phasing-in of double-hull or equivalent design requirements for single-hull 
oil tankers2.  

The amendments to SOLAS Chapter II-2 will take into account oil fuel suppliers who 
have failed to meet the flashpoint requirements, actions against oil fuel suppliers that 
have  been  found  to  deliver  oil  fuel  that  does  not  comply  with  minimum  flashpoint 
requirements,  and  documentation  of  the  flashpoint  of  the  actual  fuel  batch  when 
bunkering.  The  Union  should  support  these  amendments  as  they  will  enhance  the 
safety of ships relating to the use of fuel oil by taking into account oil fuel suppliers, 
who have failed to meet the flashpoint requirements, actions against oil fuel suppliers 
that have been found to deliver oil fuel that does not comply with minimum flashpoint 
requirements,  and  documentation  of  the  flashpoint  of  the  actual  fuel  batch  when 
bunkering. 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
79th  session  of  the  Marine  Environment  Protection  Committee,  as  the  envisaged 
amendments  to  MARPOL  Convention  Annex  VI  will  be  capable  of  decisively 
influencing  the  content  of  Union  law,  namely  Regulation  (EU)  2015/757    (MRV 
Regulation) on the monitoring, reporting and verification of carbon dioxide emissions 
from maritime transport, and amending Directive 2009/16/EC3. 

(10)  The  amendments  to  Annex  VI  of  MARPOL  will  include  more  information  on  the 
ship's  carbon  intensity  performance  in  the  IMO  Ship  Fuel  Oil  Consumption  Data 
Collection  System  (DCS).  The  Union  should  support  these  amendments  as 
information  on  carbon  intensity  of  ships  would  provide  essential  information  on  the 
global fleet’s energy efficiency and carbon intensity performance, and therefore should 
be reported to the IMO DCS. 

(11)  The  Union’s  position  is  to  be  expressed  by  the  Commission,  in  its  capacity  as  an 
observer in the IMO, and by the Member States of the Union that are members of the 
IMO’s  Marine  Safety  Committee  and  Marine  Environment  Protection  Committee, 
acting jointly, in the interest of the Union  

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  106th  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Maritime  Safety  Committee  shall  be  to  agree  to  the 
amendments  to  chapter  II-2  of  the  International  Convention  for  the  Safety  of  Life  at  Sea 
(SOLAS)  as  set  out  in  paragraph  5.13  of  the  MSC  105  report  (MSC  105/20)  and  the 
International  Code  on  the  Enhanced  Programme  of  Inspections  during  Surveys  of  Bulk 
Carriers  and Oil Tankers, 2011 (2011 ESP Code) as set out in paragraph 15.12 of the MSC 
105 report (MSC 105/20). 

1 
2 
3 

OJ L 163, 25.6.2009, p. 1 
OJ L 172, 30.6.2012, p. 3 
OJ L 123, 19.5.2015, p. 55 

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Article 2 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  79th  session  of  the  IMO’s  Marine 
Environment  Protection  Committee  shall  be  to  agree  to  the  adoption  of  amendments  to 
appendix  IX  of  Annex  VI  to  the  International  Convention  on  Pollution  Prevention 
(MARPOL) as set out in paragraph 7.119 of the MEPC 78 report (MEPC 78/17). 

Article 3 

1. 

2. 

The position referred to in Article 1 shall be expressed by the Commission and 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 Commission and 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 Commission and the Member States.   

Article 4  

Done at Brussels, 

For the Council 
The President 

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