Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 107th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code) , the 2000 HSC Code, the International Code for Ships Operating in Polar Waters (Polar Code), the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW) and Code and to the International Life-Saving Appliances (LSA) Code
Date: 2023-03-31
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, crew, high-speed transport, international convention, maritime safety, polar region, professional qualifications, revision of an agreement, vessel, vocational training

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   EUROPEAN COMMISSION  Brussels, 31.3.2023  COM(2023) 181 final 2023/0092 (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 107th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code) , the 2000 HSC Code,  the International Code for Ships Operating in Polar Waters (Polar Code), the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW) and Code and to the International Life-Saving Appliances (LSA) Code   
 
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 107th session of the International Maritime Organization’s Maritime Safety Committee 
(MSC 107), taking place from 31 May to 9 June 2023.  

During MSC 106, it was envisaged that MSC 107 would adopt amendments to: 

(1) 

(2) 

(3) 

to chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 
1974 and to the International Code of Safety for High-speed Craft, 1994 (1994 HSC 
Code) and 2000 HSC Code; 

to  chapter  XIV  of  the  International  Convention  for  the  Safety  of  Life  at  Sea 
(SOLAS),  1974  and  to  the  International  Code  for  Ships  Operating  in  Polar  Waters 
(Polar Code); 

to  the  International  Convention  on  Standards  of  Training,  Certification  and 
Watchkeeping for Seafarers, 1978 (STCW) and  Code; 

(4) 

and to the International Life-Saving Appliances (LSA) Code  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the International Maritime Organization  

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

The Convention entered into force on 17 March 1958. 

All Member States are parties to the Convention. The Union is not a party to the Convention. 

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.  

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. 

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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 31 May to 9 June 2023, MSC 107 is to adopt amendments to SOLAS 
chapter  II-2  and  1994  and  2000  HSC  Codes  on  the  perfluorooctane  sulfonic  acid  (PFOS) 
prohibition,  SOLAS  chapter  XIV  and  the  Polar  Code  on  fishing  vessel  safety,  to  STCW 
Convention  and  Code  on  use  of  electronic  certificates,  and  to  the  LSA  Code  on  ventilation 
standards in totally enclosed lifeboats. 

The  purpose  of  the  envisaged  amendments  to  SOLAS  Chapter  II-2  and  the  1994  and  2000 
HSC  Codes  is  to  prohibit  the  use  of  fire-fighting  foams  containing  PFOS  in  marine  fire-
fighting. 

The purpose of the envisaged amendments to SOLAS Chapter XIV and the Polar Code is to 
enhance safety standards for non-SOLAS ships operating in Polar waters.  

The purpose of the envisaged amendments to STCW Convention and Code is to introduce the 
use  of  electronic  certificates  of  seafarers  in  order  to  facilitate  the  work,  reduce  the 
administrative  burden  for  flag  Administrations,  port  State  control  officers  and  seafarers  and 
allow for a faster identification of fraudulent certificates.  

The purpose of the envisaged amendments to the LSA Code is to enhance safety requirements 
with respect to ventilation standards in totally enclosed lifeboats.  

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  (SOLAS),  1974  and  to  the  International  Code  of  Safety  for  High-
speed Craft, 1994 (1994 HSC Code) and 2000 HSC Code 

MSC  101  approved  a  new  output  to  prohibit  the  use  of  PFOS  in  new  fire-extinguishing 
systems, which was supported by the Union. MSC 101 added it in the post biennial agenda of 
the Sub-Committee on the Ship Systems and Equipment (SSE).  

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SSE 7 agreed to expand the scope of the output on "Development of provisions to prohibit the 
use of fire-fighting foams containing perfluorooctane sulfonic acid (PFOS) for fire-fighting on 
board ships" to include other regulations of SOLAS chapter II-2 and other instruments with a 
view  of  approval  by  MSC  102.  Union  supported  the  inclusion  of  this  new  output  on  the 
agenda of SSE 8.  

MSC 102 agreed to expand the scope of the output and to include it on the agenda of SSE 8, 
which was supported by the Union.  

SSE 8 agreed to the draft amendments to SOLAS chapter II-2, and the 1994 and 2000 HSC 
Codes  on  the  prohibition  of  PFOS.  At  SSE  8,  the  Union’s  position  was  to  support  the 
proposed  draft  amendments  for  SOLAS  CHAPTER  II-2  and  amendments  to  the  1994  and 
2000  HSC  Codes  and  proposed  that  they  are  referred  to  a  working  group  to  finalise  the 
amendments to SOLAS and the HSC Codes.  

MSC  106  approved  draft  amendments  to  SOLAS  chapter  II-2  and  the  1994  and  2000  HSC 
Codes  (paragraph  11.29  of  the  MSC  106  report  (MSC  106/19),  with  a  view  to  adoption  at 
MSC 107. 

At  MSC  106,  the  Union’s  position  was  to  support  the  approval  of  the  draft  amendments  to 
SOLAS chapter II-2 and the 1994 and 2000 HSC Codes.  

The Union position should be to support these amendments, as PFOS was a harmful substance 
both to human health and to the marine environment and these amendments will prohibit the 
use of fire-fighting foams containing PFOS in marine fire-fighting. 

3.2. 

Amendments to chapter XIV of the International Convention for the Safety of 
Life at Sea (SOLAS), 1974 and the Polar Code  

MSC  100  considered  proposed  amendments  to  SOLAS  chapter  XIV  to  facilitate  the 
mandatory  application  of  certain  provisions  to  fishing  vessels.  In  addition,  MSC  100 
considered  making  mandatory  certain  methodologies  for  determining  a  ship's  operational 
capabilities in  ice  as an  essential element  of voyage planning (Polar Code, chapter 11), and 
asserts that a case can be made to make mandatory the carriage of a Polar Code's Polar Water 
Operational Manual (PWOM) or elements of it. 

At MSC 100, the Union’s position was to support, in terms of fishing vessels, that MSC 100 
further explores the proposals amendments to SOLAS chapter XIV and Polar Code. 

At MSC 101, the Committee  considered the extension  of the Polar Code provisions to  non-
SOLAS ships  and  a proposal  for a draft Assembly resolution  urging Member States to  take 
steps,  on  a  voluntary  basis,  to  implement  the  safety  measures  of  the  Polar  Code  to  non-
SOLAS ships.  

MSC  101  subsequently  approved  the  draft  Assembly  resolution  on  interim  safety  measures 
for ships not certified under the SOLAS Convention operating in Polar Waters and decided to 
refer to NCSR 7 to consider the consequences and feasibility of applying chapters 9 and 11 of 
the Polar Code to non-SOLAS ships as well as to determine how best to enhance the safety of 
non-SOLAS  ships,  including  possible  development  of  amendments  to  SOLAS  and/or  the 
Polar Code. 

At MSC 101, the Union’s position was to  

1. support in principle the proposal to refer this issue to NCSR for further consideration;  

2. support, in terms of fishing vessels, the development of a draft Assembly Resolution. 

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At  its  7th  meeting  of  the  Sub-Committee  on  Navigation,  Communications  and  Search  and 
Rescue  (NCSR), the Sub-Committee agreed to  establish a Correspondence Group under the 
coordination of New Zealand. 

At  NCSR  7,  the  Union’s  position  was  to  support  in  general  the  proposal  to  initiate  the 
consideration of technical issues around the feasibility and consequences of applying chapters 
9 and 11 of the Polar Code to non-SOLAS ships. 

At NCSR 8, the Sub-Committee, agreed that: 

(1) 

(2) 

(3) 

the  draft  amendments  to  the  Polar  Code  to  be  developed  should  be  limited  to  the 
existing  parts  I-A  and  I-B,  with  possible  consequential  amendments  to  the 
Introduction part; 

the scope of the application of the relevant regulations to be developed in part I-A of 
the Polar Code should be extended, as a minimum, to all voyages operating in polar 
waters  for  fishing  vessels  of  24  metres  and  above,  pleasure  yachts  of  300  gross 
tonnage and above not  engaged in  trade, and cargo ships of 300 gross tonnage and 
above but below 500 gross tonnage; and 

draft amendments to SOLAS chapter XIV should be developed in order to extend the 
application  of  the  Polar  Code  to  other  ships  as  well  as  to  address  exemptions  and 
discretions. 

In  order  to  progress  this  issue  further  the  Sub-Committee  finally  agreed  to  re-establish  the 
Correspondence Group on Safety Measures for Non-SOLAS Ships Operating in Polar Waters. 

At NCSR 8, the Union’s position was to support the re-establishment of the Correspondence 
Group to further develop the text of chapters 9 and 11 as well as to develop draft text for an 
amendment to the SOLAS Convention, in particular for fishing vessels and recreational craft; 

At  NCSR  9,  the  Union’s  position  was  to,  as  regards  fishing  vessels  and  recreational  craft, 
support  the  draft  amendments  to  SOLAS  chapter  XIV  as  well  as  the  draft  amendments  to 
parts I-A and 1-B of the Polar Code. 

At  MSC  106,  the  Committee  approved  the  envisaged  amendments  to  SOLAS  chapter  XIV 
and  the  Polar  Code  (paragraph  13.9  of  the  MSC  106  report  (MSC  106/19)),  with  a  view  to 
adoption by MSC 107 and entry into force on 1 January 2026. 

At MSC 106, the Union position was to support the draft amendments to SOLAS chapter XIV 
as well as the draft amendments to parts I-A and 1-B of the Polar Code 

The Union position should be to support these amendments, as they will enhance the safety 
standards for non-SOLAS ships operating in Polar waters. 

3.3. 

Amendments  to  the  International  Convention  on  Standards  of  Training, 
Certification and Watch-keeping for Seafarers, 1978 (STCW) and Code 
The  Sub-Committee  on  Human  Element,  Training  and  Watchkeeping  (HTW),  at  its  5th 
meeting, considered proposing proposal on a draft unified interpretation of STCW regulation 
I/2  intended  to  clarify  the  meaning  of  the  term  "original  form"  for  seafarers'  certificates  in 
view of the possibility to use electronic certificates for the purposes of the STCW Convention 
as  is  already  the  practice  for  other  Conventions.  In  fact,  the  IMO  has  already  developed 
Guidelines for the use of electronic certificates (FAL.5/Circ.39/Rev.2). However, there were 
divergent views at HTW 5 whether the latter Guidelines already allow for electronic STCW 
certification.  

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The Union position at HTW 5 was to support the proposal to clarify the meaning of the term 
"original  form"  (regulation  I/2  of  STCW  Convention)  to  allow  for  the  recognition  of 
certificates in electronic form. 

At its 100th meeting, the Maritime Safety Committee (MSC), agreed to include in the biennial 
agenda  of  the  HTW  Sub-Committee  and  the  provisional  agenda  for  HTW  6  an  output  on 
"Development  of  amendments  to  the STCW  Convention  and  Code  for  the  use  of  electronic 
certificates and documents of seafarers", with a target completion year of 2020, in association 
with  the  III Sub-Committee as  and when requested by the HTW Sub-Committee. MSC 100 
also agreed to inform the FAL Committee of the new output since the FAL Committee had 
approved the Guidelines for the use of electronic certificates (FAL.5/Circ.39/Rev.2). 

At MSC 100, the Union’s position was to support the proposal for a new output to address the 
use of electronic certificates pursuant to the STCW Convention and Code. 

HTW  6  noted  that  the  best  way  forward  would  be  to  start  the  discussion  of  this  issue  in  a 
correspondence  group.  The  EU  position  at  HTW  6  was  to  support  the  establishment  of  a 
correspondence group.  

HTW 7, after discussing the report of the Correspondence Group recognized that further work 
and consideration was necessary with regard to amending relevant regulations of the STCW 
Convention,  provisions  of  parts  A  and  B  of  the  STCW  Code  and  the  development  of  draft 
guidelines. Therefore, it re-established the Correspondence Group. 

The Union’s position at HTW 7 was to support, in general, the work of the Correspondence 
Group and propose that the report is referred to a working group to be established at HTW 8 
to finalise the draft amendments to the STCW and the draft Guidelines.  

HTW 8 noted the considerable progress of the Correspondence Group in developing the draft 
amendments  to  the  STCW  Convention  and  Code  on  the  use  of  electronic  certificates  of 
seafarers  and  the  draft  guidelines  on  the  use  of  electronic  certificates  of  seafarers  and  the 
associated  draft  STCW.7  circular.    The  Union  supported  the  work  of  the  Correspondence 
Group and proposed that the report is referred to a working group.  

MSC 106 approved the draft amendments to regulations I/1 and I/2 of the STCW Convention 
and  to  section  A-I/2  of  the  STCW  Code  (paragraphs  10.4  and  10.5  of  the  MSC  106  report 
(MSC 106/19)), with a view to adoption at MSC 107. 

At MSC 106, the Union position was to support the approval of draft amendments to STCW 
regulations I/1 and I/2, and section A-I/2 of the STCW Code related to the use of electronic 
certificates. 

The  Union  position  should  be  to  support  these  amendments,  as  digitalisation  of  STCW 
certificates  would  facilitate  the  work  and  reduce  the  administrative  burden  for  flag 
Administrations,  port  State  control  officers  and  seafarers.  It  could  also  allow  for  a  faster 
identification of fraudulent certificates. 

3.4. 
Amendments to the International Life-Saving Appliances (LSA) Code 
The  Maritime  Safety  Committee  (MSC),  at  its  97th  session,  established  a  new  output 
concerning requirements for the ventilation of totally enclosed lifeboats, which was supported 
by the Union.  
The Sub-Committee on Ship Systems and Equipment (SSE), at its 4th meeting, established the 
Life  Saving  Appliance  (LSA)  Correspondence  Group,  under  the  coordination  of  the  United 

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States,  to  gather  the  required  data,  to  identify  the  possible  criteria  on  which  the  new 
ventilation  requirements  should  be  based,  and  to  recommend  the  criteria  to  be  used  for  the 
draft amendments to paragraph 4.6.6.1 of chapter IV of the LSA Code, and draft amendments 
to resolution MSC.81(70).  

At SSE 4, the Union’s position was to support in principle further discussion within a working 
group of the draft amendments to the LSA Code and to Resolution MSC.81 (70). 
At its 5th meeting, SSE agreed that: 

for totally enclosed lifeboats, the ventilation/air exchange rate based on microclimate 
1. 
parameters should be the criterion set out in the draft amendments to the LSA Code without 
precluding either active or passive ventilation methods;  

CO2  concentration  should  not  exceed  5,000  ppm,  requiring  a  ventilation  rate  of  at 
2. 
least  5  m3/h  per  person  and  the  new  ventilation  requirements  should  apply  to  all  new-built 
totally  enclosed  lifeboats  installed  on  board  a  ship  after  the  entry-into-force  date  of  the 
amendments; and 

3. 
a  habitable  environment  should  be  maintained  for  a  period  of  time  of  not  less  than 
24hrs  for  lifeboats,  in  general,  while  a  longer  period  may  be  required  for  survival  craft  of 
ships operating in polar waters. 

Finally,  SSE  5  agreed  to  the  draft  amendments  to  the  LSA  Code  regarding  ventilation  on 
totally enclosed lifeboats, for eventual submission to the MSC for approval once the related 
amendments  to  the  LSA  Code  regarding  ventilation  on  survival  craft  other  than  totally 
enclosed  lifeboats  were  finalized.  The  latter  amendments  were  referred  to  a  correspondence 
group for further consideration.  

At SSE 5, the Union’s position was to support further discussion within a working group of 
the draft amendments to the LSA Code and to Resolution MSC.81 (70). 

Due  to  time  constraints,  SSE  6  established  a  correspondence  group  with  a  view  towards 
finalization at SSE 7. The target completion date was extended to 2021.  

SSE 7 agreed to the draft amendments to the LSA Code regarding ventilation on survival craft 
other than totally enclosed lifeboats. As regards the resolution MSC.81(70), SSE 7 agreed to 
the  draft  amendments  with  respect  to  paragraphs  6.10  (Lifeboat  operational  test)  and  6.14 
(Additional tests for totally enclosed lifeboats). Therefore, the Sub-Committee re-established 
the Correspondence Group on Life-Saving Appliances to finalise the draft amendments to the 
Revised  recommendation  on  testing  of  life-saving  appliances  (resolution  MSC.81(70))  for 
testing of the means of ventilation for partially enclosed lifeboats. 

At SSE 7, Union’s position was to support further discussion within the LSA working group 
on the draft amendments to the LSA Code and to Resolution MSC.81(70). 

SSE 8 agreed to:  
1. the draft MSC resolution on Amendments to the International Life-Saving Appliances 
(LSA) Code (in relation to the ventilation requirements for survival craft in chapter IV), 
including the application provision and the associated draft MSC resolution; 
2. the draft amendments to the Revised Recommendation (resolution MSC.81(70)), for 
adoption at MSC 107, in conjunction with the adoption of the associated LSA Code 
amendments (see paragraph 3.21), as set out in annex 2. 

At SSE 8, the Union supported  further discussion within the LSA working group on the draft 
amendments to Resolution MSC.81(70) with a view to finalisation at this session to allow the 

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draft amendments to the LSA Code and Resolution MSC.81(70) to enter into force as a 
package on 1 January 2026; 

MSC 106 approved the draft amendments to the LSA Code or totally enclosed lifeboats and to 
the Revised recommendation on testing of life-saving appliances (Revised Recommendation) 
(resolution  MSC.81(70))  for  totally  enclosed  lifeboats  (paragraphs  11.4.1  and  11.6.1  of  the 
MSC 106 report (MSC 106/19)), with a view to adoption at MSC 107. 

At MSC 106, the Union’s position was to support the draft amendments to the LSA Code or 
totally  enclosed  lifeboats  and  to  the  Revised  recommendation  on  testing  of  life-saving 
appliances  (Revised  Recommendation)  (resolution  MSC.81(70))  for 
totally  enclosed 
lifeboatsand  recall  the  importance  to  adopt  the  draft  amendments  for  totally  enclosed 
lifeboats. 

The  Union  position  should  be  to  support  these  amendments  as  they  enhance  safety 
requirements with respect to ventilation standards in totally enclosed lifeboats. 

3.5. 

Relevant EU legislation and EU competence 

3.5.1.  Amendments to chapter II-2 of the International Convention for the Safety of Life at 
Sea  (SOLAS),  1974  and  to  the  International  Code  of  Safety  for  High-speed  Craft, 
1994 (1994 HSC Code) and 2000 HSC Code 

Regulation  (EU)  2019/1021  on  persistent  organic  pollutants1.  It  prohibits  new  installations, 
which use PFOS and its derivatives.  
Regulation  (EU)  1257/2013  on  ship  recycling2.  The  Ship  Recycling  Regulation  sets  out  a 
number  of  additional  requirements  that  go  beyond  those  set  in  the  Hong  Kong  Convention, 
including two additional Hazardous Materials (PFOS and HBCDD) in its Annexes. 

Therefore, the amendments  to SOLAS  chapter  II-2 and the 1994 and 2000 HSC Codes will 
affect  the  requirements  applicable  under  Regulation  (EU)  2019/1021  and  Regulation  (EU) 
1257/2013. 

3.5.2.  Amendments to chapter XIV of the International Convention for the Safety of Life at 

Sea (SOLAS), 1974 and the Polar Code  

Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in 
length and over.3 It includes provisions in Annex III on 'Northern regional provisions', setting 
out technical provisions for fishing vessels operating in areas including polar waters.  
Directive  2013/53/EU  on  recreational  craft  and  personal  watercraft.4  It  regulates  the  design 
and  construction  of  recreational  craft  from  2.5  up  to  24  meters  and  of  personal  watercraft 
from 0 up to 4 meters.  
Commission Implementing Regulation (EU) 2022/11575 laying down rules for the application 
of  Directive  2014/90/EU6  on  marine  equipment,  as  regards  design,  construction  and 

1 
2 
3 
4 
5 
6 

OJ L 169, 25.6.2019, p. 45. 
OJ L 330, 10.12.2013, p. 1. 
OJ L 34, 9.2.1998, p. 1. 
OJ L 354, 28.12.2013, p. 90 
OJ L 180, 6.7.2022, p. 1 
OJ L 257, 28.8.2014, p. 146 

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performance  requirements  and  testing  standards  for  marine  equipment  and  repealing 
Implementing Regulation (EU) 2021/1158. 

Directive  2002/59/EC  establishing  a  Community  vessel  traffic  monitoring  and  information 
system.7 It includes provisions related to ships operating in ice conditions. Article 18 requires 
competent authorities: 1) to supply the master of a ship which is in their area of competence 
“with  appropriate  information  on  the  ice  conditions,  the  recommended  routes  and  the 
icebreaking  services  in  their area of competence”;  and 2) to  document that  ships satisfy the 
strength and power requirements commensurate with the ice situation in the area concerned. 
In addition, there are Automatic Identification Systems (AIS) (Class A) carrier requirements 
in  Art  6a,  covering  fishing  vessels  of  more  than  15  m.  The  same  requirement  is  found  in 
Article  10  of  Council  Regulation  1224/2009  establishing  a  Community  control  system  for 
ensuring  compliance  with  the  rules  of  the  common  fisheries  policy  (the  Fisheries  Control 
regulation) and applies to EU flagged vessels.  

Therefore,  the  amendments  to  SOLAS  chapter  XIV  and  the  Polar  Code  will  affect  the 
requirements  applicable  under  Directive  97/70/EC,  Directive  2013/53/EU,  Directive 
2014/90/EU and Directive 2002/59/EC.  

3.5.3.  Amendments  the  International  Convention  on  Standards  of  Training,  Certification 

and Watch-keeping for Seafarers, 1978 (STCW) and Code 

Directive (EU) 2022/993 on the minimum level of training of seafarers8 includes provisions 
related to digital certificates:  

 

 

 

Article 4 paragraph 11 states that “Subject to Article 20(7), any certificate required 
by  this  Directive  shall  be  kept  available  in  its  original  form  on  board  the  ship  on 
which the holder is serving, in a hard copy or in a digital format, the authenticity and 
validity  of  which  may  be  verified  under  the  procedure  laid  down  in  paragraph  13, 
point (b), of this Article.”  

Article  4  paragraph  14  provides  that  “When  relevant  amendments  to  the  STCW 
Convention and Part A of the STCW Code related to digital certificates for seafarers 
come  into  force,  the  Commission  is  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  30  to  amend  this  Directive  by  aligning  all  the  relevant 
provisions  thereof  with  those  amendments  to  the  STCW  Convention  and  Part  A  of 
the STCW Code in order to digitalise the seafarers' certificates and endorsements.”  

Article  6  (Mutual  recognition  of  seafarers'  certificates  issued  by  Member  States) 
provides  that  “Every  Member  State  shall  accept  certificates  of  proficiency  and 
documentary  evidence  issued  by  another  Member  State,  or  under  its  authority,  in 
hard copy or in digital format, for the purpose of allowing seafarers to serve on ships 
flying its flag.” 

Therefore,  the  amendments  to  STCW  Convention  and  Code  will  affect  the  requirements 
applicable under Directive (EU) 2022/993.  

7 
8 

OJ L 208, 5.8.2002, p. 10 
OJ L 169, 27.6.2022, p. 45 

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3.5.4.  Amendments to the International Life-Saving Appliances (LSA) Code 

Lifeboats  and  survival  craft  standards  as  well  as  Resolution  MSC.81(70)  form  part  of  the 
Annex  to  Commission  Implementing  Regulation  (EU)  2022/1157  laying  down  rules  for  the 
application  of  Directive  2014/90/EU9  on  marine  equipment,  as  regards  design,  construction 
and  performance  requirements  and  testing  standards  for  marine  equipment  and  repealing 
Implementing Regulation (EU) 2021/115810.  

In  addition,  Article  6(2)(a)(i)  of  Directive  2009/45/EC  on  safety  rules  and  standards  for 
passenger  ships11  applies  SOLAS,  as  amended,  to  Class  A  passenger  ships,  while  Annex  I, 
Chapter III Life Saving Appliances, lays down various and extensive requirements for Class 
B,  C  and  D  passenger  ships  when  engaged  in  domestic  voyages  also  concerning  totally 
enclosed lifeboats. 

Therefore,  the  amendments  to  LSA  Code  will  affect  the  requirements  applicable  under 
Directive 2014/90/EU and Directive 2009/45/EC.  

3.5.5.  EU competence 

The  amendments  to  SOLAS  chapter  II-2  and  the  1994  and  2000  HSC  Codes  would  affect 
Union law, in particular the application of Regulation (EU) 2019/1021 and Regulation (EU) 
1257/2013. 

The  amendments  to  SOLAS  chapter  XIV  and  the  Polar  Code  would  affect  Union  law,  in 
particular 
the  application  of  Directive  97/70/EC,  Directive  2013/53/EU,  Directive 
2014/90/EU 2020/1170 and Directive 2022/59/EC.  

The  amendments  to  the STCW  Convention  and Code  would  affect  Union  law,  in  particular 
the application of Directive (EU) 2022/993.  

The  amendments  to  the  LSA  Code  would  affect  Union  law,  in  particular  the  application  of 
Directive 2014/90/EU and Directive 2009/45/EC. 

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.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement.12 

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 

9 
10 
11 
12 

OJ L 257, 28.8.2014, p. 146 
OJ L 180, 6.7.2022, p. 1 
OJ L 163, 25.6.2009, p. 1 
Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraph 64.  

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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’.13 

4.1.2.  Application to the present case 

The  IMO’s  Maritime  Safety  Committee  is  set  up  by  an  agreement,  the  Convention  on  the 
International Maritime Organization.  

The  acts  which  this  IMO  committee  are  called  upon  to  adopt  constitute  acts  having  legal 
effects. The envisaged acts are capable of decisively influencing the content of the following 
EU legislation and notably: 

– 

– 

– 

– 

– 

– 

– 

Regulation  (EU)  2019/1021  on  persistent  organic  pollutants.  This  is  because  it 
prohibits new installations, which use PFOS and its derivatives.  

Regulation (EU) 1257/2013 on ship recycling. This is because it sets out a number of 
additional  requirements,  including  two  additional  Hazardous  Materials  (PFOS  and 
HBCDD) in its Annexes. 

Directive 97/70/EC  setting up a harmonised safety  regime for fishing vessels  of 24 
metres  in  length  and  over.  This  is  because  it  includes  provisions  in  Annex  III  on 
'Northern  regional  provisions',  setting  out  technical  provisions  for  fishing  vessels 
operating in areas including polar waters.  

Directive 2013/53/EU on recreational craft and personal watercraft. This is because it 
regulates the design and construction of recreational craft from 2.5 up to 24 meters 
and of personal watercraft from 0 up to 4 meters.  

Directive 2014/90/EU on marine equipment. This is because the design, construction 
and  performance  requirements  and  testing  standards  for  marine  equipment  used  on 
board ships is regulated by Commission Implementing Regulation (EU) 2022/1157. 

Directive  2002/59/EC  establishing  a  Community  vessel  traffic  and  monitoring 
system.  This  is  because  it  includes  provisions  related  to  ships  operating  in  ice 
conditions.  Article  18  requires  competent  authorities:  1)  to  supply  the  master  of  a 
ship  which  is  in  their  area  of  competence  “with  appropriate  information  on  the  ice 
conditions,  the  recommended  routes  and  the  icebreaking  services  in  their  area  of 
competence”;  and  2)  to  document  that  ships  satisfy  the  strength  and  power 
requirements commensurate with the ice situation in the area concerned. In addition, 
there  are  Automatic  Identification  Systems  (AIS)  (Class  A)  carrier  requirements  in 
Art 6a, covering fishing vessels of more than 15 m. The same requirement is found in 
Article  10  of  Council  Regulation  1224/2009  establishing  a  Community  control 
system  for  ensuring  compliance  with  the  rules  of  the  common  fisheries  policy  (the 
Fisheries Control regulation) and applies to EU flagged vessels. 

Directive  (EU)  2022/993  on  the  minimum  level  of  training  of  seafarers.  This  is 
because  it  includes  several  provisions  related  to  digital  certificates.  Article  4 
paragraph  11  states  that  “Subject  to  Article  20(7),  any  certificate  required  by  this 
Directive shall be kept available in its original form on board the ship on which the 
holder is serving, in a hard copy or in a digital format, the authenticity and validity of 
which may be verified under the procedure laid down in paragraph 13, point (b), of 
this Article.” Article 4 paragraph 14 provides that “When relevant amendments to the 
STCW Convention and Part A of the STCW Code related to  digital  certificates for 

13 

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

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seafarers come into force, the Commission is empowered to adopt delegated acts in 
accordance  with  Article  30  to  amend  this  Directive  by  aligning  all  the  relevant 
provisions  thereof  with  those  amendments  to  the  STCW  Convention  and  Part  A  of 
the STCW Code in  order to  digitalise the seafarers'  certificates and endorsements.” 
Article  6  (Mutual  recognition  of  seafarers'  certificates  issued  by  Member  States) 
provides  that  “Every  Member  State  shall  accept  certificates  of  proficiency  and 
documentary  evidence  issued  by  another  Member  State,  or  under  its  authority,  in 
hard copy or in digital format, for the purpose of allowing seafarers to serve on ships 
flying its flag.” 

Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 
on marine equipment. This is because lifeboats and survival craft standards as well as 
Resolution  MSC.81(70)  form  part  of  the  Annex  to  Commission  Implementing 
Regulation (EU) 2022/1157.  

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, 
while Annex I, Chapter III Life Saving Appliances, lays down various and extensive 
requirements  for  Class  B,  C  and  D  passenger  ships  when  engaged  in  domestic 
voyages also concerning totally enclosed lifeboats. 

– 

– 

Therefore, the adoption of the amendments to  

– 

– 

– 

– 

chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 
1974 and to the International Code of Safety for High-speed Craft, 1994 (1994 HSC 
Code) and 2000 HSC Code 

chapter XIV of the International Convention for the Safety of Life at Sea (SOLAS), 
1974 and the Polar Code  

the  International  Convention  on  Standards  of  Training,  Certification  and  Watch-
keeping for Seafarers, 1978 (STCW) and Code and  

the International Life-Saving Appliances (LSA) Code 

are capable of decisively influencing the content of the following EU legislation, in particular 
Regulation  (EU) 2019/1021 on persistent organic pollutants, Regulation  (EU) 1257/2013 on 
ship recycling, Directive 97/70/EC setting up a harmonised safety regime for fishing vessels 
of  24  metres  in  length  and  over,  Directive  2013/53/EU  on  recreational  craft  and  personal 
watercraft, Directive 2014/90/EU on marine equipment, Directive 2002/59/EC establishing a 
Community vessel traffic and monitoring system, Directive (EU) 2022/993 on the minimum 
level  of  training  of  seafarers,  Directive  2009/45/EC  on  safety  rules  and  standards  for 
passenger ships. 

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 

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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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2023/0092 (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 107th session of the Maritime Safety Committee on 
the adoption of amendments to the International Convention for the Safety of Life at 
Sea (SOLAS), the International Code of Safety for High-speed Craft, 1994 (1994 HSC 
Code) , the 2000 HSC Code,  the International Code for Ships Operating in Polar 
Waters (Polar Code), the International Convention on Standards of Training, 
Certification and Watch-keeping for Seafarers, 1978 (STCW) and Code and to the 
International Life-Saving Appliances (LSA) Code 

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) 

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. 
The Maritime Safety Committee, during its 107th session from 31 May to 9 June 2023, 
is to adopt amendments to chapter II-2 of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 and to the International Code of Safety for High-speed 
Craft, 1994 (1994 HSC Code) and 2000 HSC Code, chapter XIV of the International 
Convention for the Safety  of  Life  at  Sea (SOLAS), 1974 and the  International  Code 
for  Ships  Operating  in  Polar  Waters  (Polar  Code),  the  International  Convention  on 
Standards of Training, Certification  and Watch-keeping for Seafarers, 1978 (STCW) 
and Code and the International Life-Saving Appliances (LSA) Code. 

It is appropriate to establish the position to be taken on the Union’s behalf during the 
107th  session  of  the  Maritime  Safety  Committee,  as  the  envisaged  amendments  to 
SOLAS  chapter  II-2 and the 1994 and 2000 HSC Codes, to chapter XIV  of SOLAS 
Convention and the Polar Code, to STCW Convention and Code and to the LSA Code 
are  capable  of  decisively  influencing  the  contents  of  Union  law,  namely  Regulation 

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13 

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(EU) 2019/1021 on persistent organic pollutants1, Regulation (EU) 1257/2013 on ship 
recycling2,  Directive  97/70/EC  setting  up  a  harmonised  safety  regime  for  fishing 
vessels  of  24  metres  in  length  and  over3,  Directive  2013/53/EU  on  recreational  craft 
and  personal  watercraft4,  Directive  2014/90/EU  on  marine  equipment5,  Directive 
2002/59/EC  establishing  a  Community  vessel  traffic  monitoring  and  information 
system6,  Directive  (EU)  2022/993  on  the  minimum  level  of  training  of  seafarers7, 
Directive 2009/45/EC on safety rules and standards for passenger ships8. 

The  envisaged  amendments  to  SOLAS  Chapter  II-2  and  the  1994  and  2000  HSC 
Codes  will  prohibit  the  use  of  fire-fighting  foams  containing  PFOS  in  marine  fire-
fighting. The Union position should be to support these amendments, as PFOS was a 
harmful substance both to human health and to the marine environment. 

The  amendments  to  SOLAS  chapter  XIV  and  the  Polar  Code  will  facilitate  the 
mandatory  application  of  certain  provisions  to  fishing  vessels  and  will  make 
mandatory  certain  methodologies  for  determining  a  ship's  operational  capabilities  in 
ice  as  an  essential  element  of  voyage  planning.  The  Union  position  should  be  to 
support these amendments, as they will enhance the safety standards for non-SOLAS 
ships operating in Polar waters. 

The amendments to the STCW Convention and Code will address the use of electronic 
certificates pursuant  to  the STCW Convention and  Code. The Union position should 
be  to  support  these  amendments,  as  digitalisation  of  STCW  certificates  would 
facilitate the work and reduce the administrative burden for flag Administrations, port 
State  control  officers  and  seafarers.  It  could  also  allow  for  a  faster  identification  of 
fraudulent certificates. 

The  amendments  to  the  LSA  Code  will  include  new  requirements  for  ventilation  on 
survival  craft  other  than  totally  enclosed  lifeboats  The  Union  position  should  be  to 
support  these  amendments  as  they  enhance  safety  requirements  with  respect  to 
ventilation standards in totally enclosed lifeboats. 

(6) 

(7) 

(8) 

(9) 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  107th  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Maritime  Safety  Committee  shall  be  to  agree  to  the 
amendments – chapter  II-2  of  the  International  Convention  for  the  Safety  of  Life  at  Sea 
(SOLAS),  1974  and  to  the  International  Code  of  Safety  for  High-speed  Craft,  1994  (1994 
HSC  Code)  and  2000  HSC  Code,  to  chapter  XIV  of  the  International  Convention  for  the 
Safety of Life at Sea (SOLAS), 1974 and the International Code for Ships Operating in Polar 
Waters (Polar Code), the International Convention on Standards of Training, Certification and 

1 
2 
3 
4 
5 
6 
7 
8 

OJ L 169, 25.6.2019, p. 45. 
OJ L 330, 10.12.2013, p. 1. 
OJ L 34, 9.2.1998, p. 1. 
OJ L 354, 28.12.2013, p. 90 
OJ L 257, 28.8.2014, p. 146 
OJ L 208, 5.8.2002, p. 10 
OJ L 169, 27.6.2022, p. 45 
OJ L 163, 25.6.2009, p. 1 

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Watch-keeping  for  Seafarers,  1978  (STCW)  and  Code  and  the  International  Life-Saving 
Appliances (LSA) Code as set out in the IMO Circular Letter No.4658/Rev.1. 

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 in the interest of the Union. 

Article 2 

This Decision is addressed to the Commission and the Member States.   

Article 3 

Done at Brussels, 

For the Council 
The President 

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