COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Maritime safety: at the heart of clean and modern shipping
Date: 2023-06-01
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: digitisation, marine pollution, maritime safety, maritime shipping, pollution from ships, ports policy, ship's flag, sustainable mobility, transport accident, vessel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 1.6.2023  COM(2023) 268 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Maritime safety: at the heart of clean and modern shipping  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Maritime safety: at the heart of clean and modern shipping 

Maritime  transport  is  of  strategic  importance  for  the  EU  economy  and  the  connections 
between and within Member States. With 75% of the EU’s external trade being seaborne, a 
performing,  safe,  secure,  and  more  sustainable  maritime  sector  is  essential  for  our  trade 
competitiveness and to source goods and materials to our single market. Maritime transport is 
not  only  the  artery  of  our  globalised  economy  but  also  the  lifeline  for  our  islands  and 
peripheral  and  remote  maritime  regions.  The  sector  proved  particularly  resilient  during  the 
COVID-19 pandemic, allowing continued trade of essential goods, such as food and medical 
supplies. The pandemic was a stark reminder of the key role that maritime transport and the 
people  working  in  it  play  and  the  need  for  EU  policies  to  consider  the  importance  of  the 
sector. The new geopolitical circumstances triggered by the Russian war against Ukraine and 
the resulting shifts in trade and energy patterns have highlighted the urgency to reinforce the 
EU’s strategic autonomy, including its maritime sector.   

The level of maritime safety in EU waters is  currently very high, with few fatalities and no 
major  oil  spills  of  the  magnitude  of  the  Erika  and  the  Prestige  oil  tankers  accidents1. 
However, more than 2 000 marine accidents and incidents are reported every year2. Just one 
accident  involving  a  passenger  vessel  or  a  cargo  vessel  transporting  dangerous  or  noxious 
material  could  have  a  devastating  impact  on  workers,  citizens  at  large,  and  the  marine 
environment. The transition to cleaner and more autonomous shipping also gives rise to new 
challenges. The safety, security and the environmental sustainability of the transport system 
is  paramount  and  should  not  be  compromised.  The  EU  should  develop  proactive  and 
preventive policies and remain a world leader in this field based on continuous efforts with 
international, national and local authorities, and stakeholders including civil society. 

The  twin  digital  and  sustainability  transition  requires  that  maritime  transport  go  through  a 
major  transformation.  Representing  3%  of  global  greenhouse  gases  (GHG)  emissions,  the 
sector needs to  switch to low and zero  GHG technologies, propulsion systems  and fuels.  It 
should  also  reduce  its  emissions  of  air  pollutants  and  its  overall  impact  on  the  marine 
environment  including  marine  plastic  litter  and  underwater  noise.  At  the  same  time, 
digitalisation  and  the  move  towards  smart  and  autonomous  shipping  systems  bring 
opportunities  and  challenges.  These  transformations  require  a  supportive  environment  for 
innovation,  including  financing  such  as  provided  under  the  Zero  Emission  Waterborne 
Transport  partnership3.  They  also  need  to  be  matched  with  a  vast  retraining  effort  and 
professional  development  of  the  workforce,  as  well  as  measures  to  attract  workers  to  the 
sector,  especially  young  people.  Seafarers  and  maritime  transport  workers  are  the  sector’s 
most valuable assets and need to be at the centre of a safe and sustainable transition. 

1 MV Erika accident in 1999, France (20,000 tonnes of oil), MV Prestige accident in 2002, Spain (63,000 tonnes 
of oil). 
2 EMSA Annual Overview of Marine Casualties and Incidents, European Marine Casualty Information Platform 
EMCIP 
3 Partnership - waterborne.eu 

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The European Green Deal, the sustainable and smart mobility strategy4 and the zero-pollution 
action  plan5  have  set  the  direction  at  EU  level,  with  an  overall  ambition  for  zero  accident, 
zero  waste,  zero  pollution,  decarbonised,  smart,  and  resilient  maritime  transport.  With  the 
‘Fit-for-55’  set  of  legislation,  major  progress  was  achieved  to  set  the  sector  on  a  more 
sustainable pathway. Through the FuelEU Maritime Regulation6 - which aims to encourage 
the uptake of sustainable fuels in maritime transport - and the extension of the EU Emission 
Trading Scheme (ETS) to maritime transport7, the EU has adopted measures that will drive 
investments  in  clean  technologies  and  fuels  and  ensure  the  sector  contributes  to  the  Paris 
Agreement goal of 1.5° global warming.  

The Commission  is  proposing  to  revise  five  pieces of legislation to  modernise  EU rules  on 
maritime safety and sustainability and provide the EU with tools to support clean and modern 
shipping. The aim is to ensure that the EU maritime sector is fit for purpose. Taken together, 
these  proposals  are  the  foundation  of  our  efforts  to  ensure  efficient,  sustainable,  and  safe 
maritime traffic and transport in EU waters and beyond, for the benefit of our citizens, coastal 
communities,  marine  environment,  and  healthy  oceans.  In  parallel  to  this  robust  legal 
framework, the EU is committed to working within the International Maritime Organization 
(IMO) to set the bar high on safety and security matters, digitalisation, and the greening and 
decarbonisation of shipping. The co-existence of such European rules and EU action within 
the  IMO  ensure that a level-playing  field  is  maintained inside the Single Market  as well as 
globally, avoiding the risks of flagging-out and losing on European interests. 

This maritime package is composed of five revision proposals relating to: 
-  Directive 2009/21/EC on compliance with flag State requirements; 
-  Directive 2009/16/EC on port State control; 
-  Directive 2009/18/EC on maritime transport accident investigation; 
-  Directive 2005/35/EC on ship-source pollution and the introduction of penalties; and, 
-  Regulation (EC) No 1406/2002 establishing the European Maritime Safety Agency. 

1.  The existing EU framework for maritime safety and sustainability: a robust set 

of legislation that needs to be modernised  

The three Directives on flag State requirements, port State control and accident investigation 
are the key pillars of maritime safety. They reflect the international obligations incumbent on 
Member States as flag, port and coastal States laid down in the United Nations Convention of 
the Law of the Sea (UNCLOS), to which the EU itself is a contracting party. EU action in the 
field of maritime safety both complements and implements the international legal framework, 
in  particular  the  detailed  rules  and  standards  laid  out  in  the  main Conventions  of  the  IMO. 
The  incorporation  of  such  rules  and  standards  into  the  EU  legal  system  makes  these 
provisions  actionable  before  the  European  Court  of  Justice,  thereby  ensuring  their  uniform 
enforcement across the EU and securing a level playing field both for the Member States and 
the operators in the sector. At the same time, incorporation of international rules into EU law 
and  thereby  alignment  of  EU  law  to  international  rules  ensures  that  our  flag  States  and 

4 https://transport.ec.europa.eu/system/files/2021-04/2021-mobility-strategy-and-action-plan.pdf 
5 COM(2019)640, COM/2021/400 final 
6 COM(2021) 562 final – Proposal for a Regulation of the European Parliament and of the Council on the use of 
renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC  
7 COM(2021) 551 final - Proposal for a Directive of the European Parliament and of the Council amending 
Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union 

2 

 
 
 
 
 
 
 
                                                           
operators benefit from a level-playing field globally and we maintain the competitiveness of 
EU shipping.  

Maritime safety is organised around three lines of defence for public action while shipowners 
and  operators  have  a  duty  to  always  keep  their  ships  fit  for  purpose.  The  primary 
responsibility lies with  the flag State  who must  ensure that the ship  is  fit  to  sail and  that it 
holds  the  necessary  certificates  demonstrating  compliance  with  the  international  rules  and 
standards.  The  flag  State  is  therefore  the  first  line  of  defence.  However,  as  flag  State  rules 
only  apply  to  vessels  that  fly  that  flag  and  as  some  flag  States  are  not  willing  or  able  to 
enforce the applicable rules on their fleets, port State control officers carry out inspections of 
foreign ships when they are in ports. Port State control is therefore the second line of defence. 
Despite  these  two  layers  of  prevention,  accidents  and  intentional  or  negligent  breaches  of 
relevant obligations can still occur. Their causes should be investigated to ensure continuous 
improvement,  to  avoid  similar  accidents  from  happening  again  and  to  sanction  the 
perpetrators of illegal activities. This is the third line of defence.  

Taken together, these lines of defence aim at guaranteeing that the rules are properly enforced 
and  should  therefore  lead  to  a  reduction  in  incidents  and  accidents  and  should  ultimately 
prevent the loss of human life and environmental pollution.  

A fitness check carried out in 2018 concluded that these three Directives were of added value, 
notably  for the harmonised implementation  and enforcement  of international  rules, and that 
they had reached their intended objectives. However, the fitness check also pointed out that 
there  was  room  for  improvement  and  opportunities  for  further  digitalisation,  cooperation 
between Member States  and  increased  support  from the European Maritime Safety  Agency 
(EMSA). 

Maritime accidents not only cause casualties and economic losses but have a direct impact on 
the environment. Pollution released by ships, accidentally, intentionally, or negligently, such 
as  oil,  garbage  sewage  or  chemical  substances  have  a  negative  effect  on  the  marine 
environment and can severely pollute marine and coastal habitats. Such pollution is therefore 
addressed  through  specific  complementary  EU  legislation  on  illegal  discharges,  namely  the 
ship-source pollution Directive.  

This  Directive  does  not  set  standards  on  the  specification  of  such  discharges.  Those 
specifications are regulated internationally through the IMO MARPOL (for the Prevention of 
Pollution  from  Ship)  Convention,  which  determines  whether  a  discharge  is  authorised  or 
illegal.  The  role  of  the  Directive,  on  the  other  hand,  is  to  require  Member  States  to  set 
effective,  proportionate,  and  dissuasive  penalties,  including  criminal  ones,  for  illegal 
discharges. It also provides for collaboration on enforcement across the EU with the support 
of  EMSA.  The  Directive  complements  the  international  regime  by  supporting  EU  Member 
States in identifying the offenders through satellite surveillance information on potential oil 
spills and through its liability regime facilitating the penalisation of the polluters. 

The evaluation of the Directive pointed to several shortcomings which the proposed revision 
aims  to  address.  This  includes  ensuring  that  illegal  discharges  are  adequately  detected, 
infringements  are  pursued,  perpetrators  of  illegal  activities  are  sanctioned,  and,  because  of 
this,  illegal  discharges  are  ultimately  reduced  to  lower  the  environmental  impacts.  The 
revision  aims,  together  with  the  Directive  on  port  reception  facilities,  to  discourage  all 
shipowners  and  operators  (regardless  of  flag)  from  any  type  of  illegal  discharges  into 

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European seas. It should become the norm to always deliver all ship-generated waste to EU 
port reception facilities. 

EMSA  plays  a  key  role  in  the  EU  framework  on  maritime  safety  and  has  contributed 
significantly  to  the  encouraging  results  achieved  in  the  EU  in  terms  of  ensuring  quality 
shipping and a culture of safety. The Agency was set up in 2002, in the wake of the Prestige 
and Erika maritime disasters, with the specific aim to support the European Commission and 
the  Member  States  in  the  application  and  monitoring  of  EU  legislation  on  maritime  safety. 
Through  its  visits  and  inspections  (audit  capability),  the  Agency  is  at  the  core  of  the  EU 
added value on maritime safety thanks to its help with enforcement and  with facilitating an 
effective and efficient implementation of the rules. The Agency needs to continue to allocate 
sufficient  resources  for  this  core  task  despite  its  expanding  portfolio  of  activities,  so  as  to 
continue  providing  high  quality  services  to  the  Member  States,  the  Commission  and  the 
broader maritime community.  

Since 2002, the tasks of the Agency have indeed expanded and EMSA now offers technical, 
scientific, and operational  assistance  in  a wide  range of  areas  related to  maritime transport, 
notably in relation to the green and digital transitions. The mandate of the Agency, except for 
the Coast Guard cooperation amendment, was last revised in 2013 and needs to be updated to 
reflect  EMSA’s current  scope of activities, the evolving regulatory  framework, notably this 
maritime package, and developments in the maritime sector. 

2.  Alignment  with  international  regulations  and  expanded  scope  for  a  more 

effective framework  

One of the main drivers for the revision of the five legislative texts is the need to and benefits 
of aligning with updated international regulations. The co-existence of misaligned standards 
and  rules  creates  burden  and  legal  uncertainty  for  the  industry  and  national  administrations 
and undermines the level-playing field and the competitiveness of EU shipping. Incorporating 
international  regulations  into  EU  law  should  be  done  in  a  way  that  ensures  effective 
applicability, uniformity and proper enforcement, and therefore quality shipping. 

For the flag State Directive, incorporating the ‘IMO Instruments Implementation code’ (III-
code) which was adopted in 2013 and entered into force in 2016 is central to the revision. The 
III-code  was  a  major  IMO  development  as  it  ensures  that  national  authorities  have  the 
resources and powers needed as a flag State to assume their international obligations. While 
already the case for EU Member States since 2009, the III-code also made the related IMO 
comprehensive audit mandatory for all IMO parties every 7 years.  

Given  its  importance,  the  enforcement  of  the  international  Maritime  Labour  Convention 
which  regulates  all  matters  related  to  the  working  and  living  conditions  of  seafarers  was 
already introduced into EU law through a separate legal act8 applying to flag States9. Social 
rules are indeed critical for the well-being of crews and for maritime safety (the human factor 
being responsible for most incidents). 

8 Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain 
flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 (OJ L 
329, 10.12.2013, p. 1). 
9 And through a revision of the port State control Directive for the port state enforcement part - Directive 
2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC 
on port State control (OJ L 218, 14.8.2013, p. 1). 

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The  revision  of  the  port  State  control  Directive  updates  and  aligns  EU  rules  with  newly 
applicable  international  legal  instruments,  namely  the  IMO  Ballast  Water  Management  and 
the Nairobi Wreck Removal conventions. To improve effectiveness, port States carrying out 
port State control inspections have coordinated their work systematically on a regional basis. 
The  Paris  Memorandum  of  Understanding  on  port  State  control10  (hereinafter  the  “Paris 
MoU”)  established  in  1982  is  the  first  of  nine  such  intergovernmental  structures.  All  24 
European  Economic  Area  (EEA)  Member  States  with  seaports,  as  well  as  Canada,  the 
Russian Federation11 and the United Kingdom, are members of the Paris MoU. The EU is not 
a member.  

The EU port State control is based on the procedure and tools of the Paris MoU as of 2009 
when  the  Directive  was  adopted.  Consequently,  several  developments  and  improvements 
decided over the last 14 years under the Paris MoU have also to be incorporated. Regarding 
the  accident  investigation  Directive,  several  definitions  and  references  are  updated  to  take 
account  of  changes  in  the  international  regulatory  environment,  notably  the  IMO  Casualty 
Investigation  Code,  and  to  take  due  consideration  of  the  situation  of  vessels  in  ports  and 
accidents affecting port workers. 

The Commission  proposes to  extend the scope for the port State and  accident investigation 
Directives  with  regards  to  fishing  vessels  where  significant  safety  concerns  persist.  A 
voluntary system of port State control for fishing vessels measuring over 24 metres calling to 
EU ports will be provided for those Member States that wish to carry out these inspections, 
offering a second line of defence for this type of vessels. Indeed, the prime responsibility for 
fishing  vessel  safety  lies  with  the  flag  State,  as  smaller  fishing  vessels  do  not  usually  visit 
foreign  ports  and,  in  many  cases,  do  not  fall  within  the  scope  of  international  conventions. 
Accident  investigation  will  now  cover  not  only  larger  fishing  vessels  but  will  be  partially 
extended to cover the most serious accidents involving smaller fishing vessels measuring less 
than 15 metres, while ensuring the administrative burden is kept to the minimum necessary. 

Regarding ship-source pollution, the scope of the Directive is extended to completely cover 
the five Annexes of the IMO MARPOL Convention12. As well as illegal discharges of oil 
and noxious liquid substances (its current scope), the Directive will cover illegal discharges 
of  harmful  substances  in  packaged  form,  sewage,  garbage,  and  discharge  waters  and 
residues  from  Exhaust  Gas  Cleaning  Systems  (scrubbers).  This  is  also  an  important 
contribution to the EU Green Deal objectives, which pursue zero pollution  and sustainable 
and smart mobility ambitions that also include these other harmful substances. 

This alignment with the MARPOL Convention is central to the revision of the ship source 
pollution Directive. It was called for by the European Parliament and Council in 2019 when 
the revised Directive on port reception facilities for cargo residues and waste13 was adopted. 
The  intention  was  to  complement  the  agreed  stronger  port  reception  facilities  rules  by 

10 www.parismou.org  
11 Following the invasion of Ukraine, Russian Federation membership of the Paris MoU was suspended in May 
2022. 
12 The sixth one covers air pollutant emissions and is partially already covered by EU legislation (the Sulphur 
Directive) or will be considered later and is subject to a review clause in the revised directive on ship-source 
pollution (NOx, marine litter and underwater noise).   
13 Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception 
facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 
2000/59/EC (OJ L 151, 7.6.2019, p. 116). 

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avoiding a situation whereby they could unintentionally incentivise more illegal discharges 
at sea.  

Because  of  the  revisions  outlined  above  and  the  broader  developments  in  the  overall 
regulatory  environment  since  2013,  the  EMSA  mandate  also  requires  updating  to  better 
reflect  the  growing  role  the  Agency  plays  in  support  of  many  maritime  transport  areas, 
including  safety,  prevention  of  pollution  and  environmental  protection,  climate  action, 
security, surveillance and crisis management and digitalisation. The revised mandate will not 
only reflect the tasks that the Agency was entrusted with by the Commission and the Member 
States  since  2013,  but  also  the  new  safety  and  sustainability  tasks  emanating  from  this 
legislative  package.  It  will  also  make  the  Agency  fit  for  the  future,  by  anticipating 
developments, especially in digitalisation and automation.  

3.  A drive towards more environmental sustainability 

Maritime transport is currently one of the cleanest modes of transport considering its volume 
and the share of goods transported and its contribution to the EU and the global economy14. 
Ensuring  quality  shipping  and  a  safe  and  secure  maritime  sector  is  essential  to  keep  its 
attractiveness. However, the maritime sector is also a major GHG emitter and is responsible 
for  significant  air  and  marine  pollution  harmful  for  the  marine  environment  and  its 
biodiversity  and  carbon  resilience,  as  well  as  the  health  of  coastal  populations.  As  other 
sectors  of  the  economy,  such  as  road  transport,  decarbonise  or  rapidly  reduce  emissions  of 
other  pollutants,  maritime  transport  will  need  to  make  a  relatively  bigger  contribution  to 
reducing such emissions and pollution. Therefore, attention and action need to continue. 

With  this  package,  the  Commission  aims  to  promote  quality  shipping  and  a  modern,  clean 
and thriving maritime sector, compliant with relevant international and EU obligations. The 
EU  legislative  framework  should  discourage  and  sanction  those  who  take  or  are  willing  to 
take  short-cuts  with  the  rules  while  incentivising  investments  in  the  uptake  of  clean 
technologies  and  sustainable  practices.  This  is  the  only  way  to  help  setting  high  global 
standards and to maintain a leading position globally for EU shipping.  

The revision of the flag State  Directive introduces a more effective framework based on an 
adequate level and quality of ships’ inspections and overall fleet oversight, capacity-building 
of  flag  State  administrations  and  better  measurement  of  their  performance.  This  will  serve 
safety  first  but  should  also  benefit  the  protection  of  the  environment.  When  stronger 
environmental  rules  become  effective  under  the  international  conventions,  the  flag  State 
responsibility  to  enforce  them  is  automatically  extended.  The  revision  of  the  port  State 
control Directive will also further improve Member States’ capacity to detect and correct lack 
of compliance not only with safety but also with pollution prevention rules and standards. 

In addition, the revision of the port State control Directive specifically amends the ship risk 
profile  on  which  the  targeting  of  ships  for  inspections  is  based,  to  take  greater  account  of 
environmental factors. For cargo and passenger vessels of over 5 000 gross tonnes (regarded 
as  the  most  polluting),  the  ship  risk  profile  will  take  account  of  the  vessel’s  IMO  carbon 
intensity indicator. For all ships eligible for port State control, it adjusts the weighting factor 
to  attach  more  importance  to  previously  identified  environmental-related  deficiencies  and 

14  Rail  and  waterborne  -  best  for  low-carbon  motorised  transport,  Study  by  the  European  Environment 

Agency, 2021 

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detentions  (under  the  MARPOL,  Ballast  Water  and  Harmful  Anti-fouling  Systems 
Conventions) relating to the ship under inspection. 

The revision of the ship-source pollution Directive will enhance the protection of the marine 
environment not only by aligning its scope with international standards, but also by making 
enforcement of international rules on cross border ship-source pollution more effective. The 
new  Directive  aims  to  empower  national  authorities  responsible  for  the  detection  and 
verification  of  pollution,  especially  illegal  discharges,  to  act  more  diligently  and  in  a 
coordinated manner. This will be achieved thanks to enhanced digital tools, capacity building 
and tailored training, and through  an obligation to upload reports onto an  integrated system 
hosted  by  EMSA.  The  revision  should  also  enable  adequate  national  action  in  case  of 
infringement by setting in place a more robust framework for penalties and their application, 
without affecting the possibility of imposing criminal sanctions under the framework of the 
environmental crime Directive15.  

While the current scope of the ship-source pollution Directive does not include air pollutant 
emissions, in view of their impacts on air quality in port and coastal areas, the  Commission 
will assess how to include these in the future based on new data and experience gathered by 
EMSA  regarding  the  enforcement  of  relevant  legal  requirements  on  air  pollution  from 
sulphur  (Sox)  and  nitrogen  oxides  (NOx)  set  out  in  MARPOL  Annex  VI.  To  this  end,  the 
proposed  revised  regulation  on  the  EMSA  mandate  places  an  increased  focus  on  the 
Agency’s capacity to provide technical assistance for the enforcement of applicable NOx and 
SOx rules in this area. 

Over the  years, EMSA has been increasingly  called upon to  assist the Commission  and the 
Member States in improving the environmental sustainability of maritime transport. Since its 
inception,  the  Agency  has  covered  marine  pollution  and  provided  operational  assistance 
through  a  very  effective  top-up  operational  capacity  of  oil-pollution-response  vessels, 
available on stand-by in case of oil spills. With the revision of the sulphur Directive in 2012, 
EMSA  started  playing  a  key  role  in  helping  to  implement  and  enforce  EU  rules  on  air 
emissions from ships. Such assistance is both technical, with the hosting of relevant databases 
that  underpin  the  controls  by  Member  States,  and  operational  with  the  RPAS16  emission 
monitoring services that are either requested by Member States or complement their existing 
surveillance capabilities. Regarding GHG emissions from ships, EMSA hosts the system for 
EU  reporting,  monitoring  and  verification17.  EMSA  also  assists  the  Member  States  in 
implementing  the  ship  recycling  obligations  as  well  as  on  underwater  noise  and  plastic 
pollution. 

EMSA also provides key technical and scientific expertise to the Commission and Member 
States to  advance work  within the  IMO on all environmental matters  under the Green Deal 
and  by  issuing  state  of  the  art  reports,  studies  on  emerging  sustainability  issues  (containers 
loss, cargo degassing, black carbon) as well as guidance to maritime and port authorities such 
as the one on shore-side electricity.  

The new tasks set out in this package need to be better incorporated in the revised mandate 
and  matched  with  adequate  resources.  Furthermore,  the  new  legal  framework  for  maritime 

15 Proposal for a Directive of the European Parliament and of the Council on the protection of the environment 
through criminal law and replacing Directive 2008/99/EC - COM/2021/851 final 
16 Remotely piloted aircraft systems 
17 MRV Thetis module - https://www.emsa.europa.eu/tackling-air-emissions/greenhouse-gas.html 

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transport  set  as  part  of  the  ‘Fit-for-55’  package  will  further  reinforce  the  drive  towards 
sustainability.  The  Commission  will  continue  to  rely  on  EMSA’s  support  for  the 
implementation  of  the  FuelEU  Maritime  Regulation  and  the  extension  of  the  EU  ETS  to 
maritime  transport.  Assistance  on  regulatory  developments  under  the  IMO  will  be  equally 
important. A key priority for the future is to provide a proactive analysis of the safety risks 
linked  with  the  use  of  low  and  zero-GHG  alternative  fuels  while  continuing  to  assist  and 
facilitate operational uptake and deployment of these fuels with guidelines and research. 

4.  Digitalisation as an enabler  

rule  enforcement.  Digitalisation 

Digitalisation  is  at  the  centre  of  the  maritime  package.  IT  developments  and  smart 
technologies  are  key  enablers  for  increased  information  sharing  and  transparency  and 
therefore 
the  burden  on  operators  and 
administrations,  achieving  a  more  effective  EU  framework  overall  and  a  better  impact  in 
terms of efficiencies in the logistics chain. EMSA plays a central role as host and technical 
developer  of  maritime  information  and  monitoring  systems  and  services  that  ensure 
interoperability  and  compatibility.  Those  systems  and  services  enhance  the  support  to 
Member States with responsibilities as flag, port and/or coastal States. 

lessens 

The reliance on paper-based procedures proved particularly inadequate during the COVID-19 
pandemic  as  there  were  no  means  to  check  and  facilitate  a  temporary  extension  of 
certificates. The flag State and port State control proposals both provide for and incentivise a 
higher uptake of digital solutions. The revised flag State Directive aims to digitalise Member 
State  flags  via  e-certification  registers  sharing  e-certificates,  building  on  EMSA-based  IT 
solutions and a commonly available technical protocol enabling interoperability at EU level.  

In  parallel,  the  port  State  control  Directive  will  encourage  the  use  of  electronic  certificates 
(notably by linking their use with the ship risk profile) and provide for a common data tool, a 
validation  tool  and  repository  at  EU  level.  The  issuance  of  e-certificates  by  flag  States  (or 
Recognised  organisations  acting  on  their  behalf)  will  be  incentivised  through  a  new 
parameter  added  to  the  ship  risk  profile  allowing  these  certified  ships  to  be  less-frequently 
targeted by port State control inspections.  

The deployment of existing and new technologies can  also help the sector contribute to  the 
green  transition.  Digitalisation  of  procedures  to  ensure  the  application  of  the  ship-source 
pollution Directive will enhance its effectiveness. The identification of alleged polluters will 
be  facilitated  by  the  integrated  capacity  of  the  various  systems  hosted  by  EMSA  (earth 
observation  to  detect  pollution  -  CleanSeaNet18,  port  inspection  tool  -  THETIS-EU19  and 
vessel traffic monitoring and information exchange system to help identify alleged polluters - 
SafeSeaNet20).  The  systematic  data  reporting  and  the  sharing  of  targeted  information  with 
national  administrations  will  lead  to  better  enforcement,  ultimately  translating  into  less 
pollution.  

EMSA  has  already  made  significant  advancements  in  digitalisation  of  its  operations  and 
services offered to the Commission, Member States and the wider maritime community over 
the  past  years.  Its  digital  systems  and  tools  have  become  a  worldwide  reference.  The 
Agency’s  mandate  will  be  revised  to  reflect  its  already  expanded  digital  capacity.  This 

18 Satellite based Services - CleanSeaNet service - EMSA - European Maritime Safety Agency (europa.eu) 
19 THETIS EU - EMSA - European Maritime Safety Agency (europa.eu) 
20 SafeSeaNet - EMSA - European Maritime Safety Agency (europa.eu) 

8 

 
 
 
 
 
 
 
 
                                                           
includes the implementation of the European Maritime Single Window environment through 
the  data  set  providing  common  specifications  for  Member  States  reporting  obligations  in 
ports and the ship  database containing ship  identification information  as  well as records on 
ship  reporting  exemptions.  The  Agency  is  also  continuously  developing  its  integrated 
maritime  services  supporting  surveillance  by  Member  States  and  other  EU  agencies  for  a 
wide range of coast guard functions.  

Under  the  ‘Fit-for-55’  package,  the  Agency  acquired  new  tasks,  such  as  the  setting  up  of 
compliance tools for EU ETS and the FuelEU Maritime Regulation, building on its existing 
systems  and  services.  As  outlined  in  the  Joint  Communication  and  Action  Plan  on  the  EU 
Maritime  Security  Strategy21,  the  Agency  plays  an  important  role  in  the  provision  of 
enhanced  surveillance  capability  through  its  integrated  maritime  services  and  the  voluntary 
Common  Information  Sharing  Environment  (CISE)  as  well  as  assistance  for  cybersecurity 
resilience. The Russian war against Ukraine and the COVID-19 pandemic have demonstrated 
the  added  value  of  EMSA  supporting  the  EU  maritime  surveillance  efforts,  contingency 
planning, and crisis preparedness and response for maritime events through a reinforced 24/7 
maritime  awareness  centre.  The  continued  provision  of  high-quality  provision  of  such 
services requires adequate resources in the Agency. 

5.  Promoting trust and cooperation 

EU  maritime  safety  policy  has  always  relied  on  enhanced  cooperation  between  all  actors 
involved  -  the  Commission,  EU  Member  States,  and  stakeholders.  This  was  also  extended 
over time to the enforcement of environmental legislation. Indeed, trust in the maritime sector 
is essential, as without it, there cannot be safety and quality shipping, and - by extension - no 
trade by sea.  

EMSA  was  created  to  facilitate  joint  work  by  the  Commission  and  EU  Member  States  to 
ensure  the  highest  level  of  safety  in  EU  waters  and  along  EU  coasts.  EMSA’s  visits  to 
maritime  administrations  assist  the  Commission  in  fulfilling  its  responsibilities  in  checking 
that EU legislation is adequately applied and enforced by Member States. They also allow for 
the  sharing  of  best  practices  as  well  as  of  challenges  between  Member  States.  EMSA’s 
activities  and  services  improve  information-exchange  and  increase  collaboration  as  well  as 
trust  building  among  maritime  administrations  in  Europe,  with  neighbouring  countries  and 
globally, notably through EU Member States' joint action within the IMO. 

The  initiatives  included  in  the  maritime  package  aim  to  further  deepen  the  trust  and 
cooperation  among  all  parties.  The  flag  State  Directive  will  facilitate  information-sharing 
between flag States on the results of inspections, issues of common concern, the oversight of 
recognised organisations and flag State compliance issues in general. This will be facilitated 
by EMSA hosted systems such as THETIS as well as by the Commission, which will set up a 
dedicated expert group.  

The port State control Directive’s revision will enhance coordination which is largely based 
on  the  principle  of  inspection  burden  sharing  and  harmonisation.  EMSA  will  support 
implementation  through  a  new  and  enhanced  professional  development  and  training  (post 

21 Joint Communication to the European Parliament and the Council on the update of the EU Maritime Security 
Strategy and its Action Plan "An enhanced EU Maritime Security Strategy for evolving maritime threats", 
JOIN(2023) 8 

9 

 
 
 
 
 
 
 
 
                                                           
qualification)  programme  for  both  port  State  control  inspectors  and  flag  State  inspectors  / 
surveyors / auditors. 

As with port State control, the accident investigation Directive provided from the start for a 
framework of cooperation between Member States to exchange information on lessons learnt 
and best practices. EMSA will further increase its support to national accident investigation 
bodies by making available a pool of experts of different disciplines who could be of service 
upon  request.  The  Agency  will  also  be  able  to  lend  specialised  tools  and  equipment  to 
Member States in need of additional support, enabling EU-wide economies of scale.  

EMSA  will  also  enhance  cooperation  between  Member  States  in  the  implementation  and 
more  effective  enforcement  of  the  ship-source  pollution  Directive.  A  major  shortcoming 
identified in the evaluation of the Directive was the lack of consistent information exchange 
and expertise to effectively detect, verify, enforce, and penalise pollution. EMSA will provide 
enhanced  monitoring  tools  for  information  exchange,  guidance,  and  training  to  authorities 
responsible for detection, verification, and evidence collection. The revision will also include 
setting  up  a  dedicated  expert  group  to  facilitate  cooperation.  Finally,  it  will  cater  for  the 
implementation of other environmental legislation addressing air and water pollution as well 
as ship recycling. 

The list of tasks assigned to port, flag and coastal States is growing, notably due to the twin 
digital  and  green transition, and so are the skills  needed by the  responsible entities. This  is 
happening in a context of scarcer and more stretched Member State resources. As a result, the 
demand for guidance, technical assistance, and expertise from EMSA will continue to grow. 
The Agency should be adequately resourced to cater for this greater demand. 

EMSA  also  increasingly  helps  the  Commission  to  promote  EU  solutions  and  standards 
globally. One such example is how the robust framework for port State control developed in 
the EU has become a worldwide reference. Cooperation has developed between EMSA and 
other regional Memoranda of Understanding for  port State control such as  the Tokyo MoU 
and  the  Mediterranean  MoU  whereby  data  on  inspections  is  shared  between  the  MoUs.  In 
addition  to  its  work  with  the  Paris  MoU,  EMSA  manages  the  targeting  and  inspection 
reporting database for the Mediterranean MoU.  

Through  its  technical  support,  EMSA  contributes  to  EU  coordination  within  the  IMO  and 
promotes  global  cooperation  to  enhance  safe,  clean,  and  modern  shipping.  Ad-hoc  external 
assistance  can  be  provided  to  third  countries’  maritime  administrations,  building  on  the 
agency  portfolio  of  capacity-building  services.  Such  assistance,  already  permanent  for 
neighbouring and candidate countries, will be facilitated under the revised mandate. 

6.  Conclusion 

The  EU  maritime  safety  framework  provides  for  quality  shipping  in  EU  waters,  which 
protects trade and passengers, citizens at large as well as the environment, supports the single 
market and boosts the EU’s leading international role and strategic autonomy. EU maritime 
policy  enhances  the  level-playing  for  EU  Member  States  while  considering  the  need  for 
protecting  the  competitiveness  of  our  industry  and  EU  interests  globally.  Certain  EU 
legislation  influences  maritime  safety  worldwide,  for  example  EU  laws  on  minimum 
standards  for  recognised  organisations  and  on  training  and  certification  of  seafarers. 
Furthermore,  through  its  expertise,  experience,  and  political  ambition,  the  EU  plays  a  key 

10 

 
 
 
 
 
 
 
 
 
role  within  the  IMO,  helping  the  organisation  deliver  on  higher  safety  and  environmental 
standards.  

The  maritime  sector  is  at  a  turning  point.  It  has  embarked  on  a  major  transformation  to 
increase its environmental sustainability and contribute to climate change mitigation efforts. 
Under the European Green Deal, the EU has been proactive through its ‘Fit-for-55’ package 
and has continued efforts within the IMO to ensure shipping globally delivers its fair share in 
our  climate  mitigation  and  pollution  reduction  efforts.  Enhancing  the  enforcement  of 
international environmental law is paramount by adapting rules on compliance and liabilities 
for  illegal  behaviour  and  pollution.  Digitalisation  provides  a  massive  opportunity  for 
enhancing  safety  and  sustainability,  but  it  needs  to  be  fully  harnessed.  The  prospect  of 
autonomous  ships  and  smart  systems  requires  preparation,  testing,  regulatory  updates,  and 
training and reskilling. The health and safety, working and living conditions of seafarers and 
maritime transport workers at large also need greater attention.  

The  COVID-19  pandemic  and  the  new  geopolitical  environment  following  Russia’s  war 
against Ukraine have highlighted the need for and benefits of close cooperation between the 
Commission, Member States, and stakeholders at large. Having a robust EU maritime safety 
framework in place and a resourceful EMSA will facilitate and enhance such cooperation and 
help  EU  maritime  administrations  fulfil  their  responsibilities.  At  the  same  time,  it  will 
contribute to a stronger Europe in the world, enhancing the EU’s voice within the IMO and 
other international fora. 

The Commission invites the EU legislators to rapidly adopt the legislative initiatives included 
in this package in order to support high quality, clean and modern EU shipping. 

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