Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 81st session of the Marine Environment Protection Committee and the 108th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention, the International Convention for the Safety of Life at Sea (SOLAS), the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels (IGF Code), the International Code of the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code), the International Life-Saving Appliance (LSA) Code, the International Code for Fire Safety Systems (FSS Code) and the Seafarers' Training, Certification and Watchkeeping (STCW) Code.
Date: 2024-02-20
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, crew, international convention, maritime safety, pollution from ships, revision of an agreement, safety standard, technical standard, vessel, wastewater

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   EUROPEAN COMMISSION  Brussels, 20.2.2024  COM(2024) 74 final 2024/0040 (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 81st session of the Marine Environment Protection Committee and the 108th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention, the International Convention for the Safety of Life at Sea (SOLAS), the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels (IGF Code), the International Code of the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code), the International Life-Saving Appliance (LSA) Code, the International Code for Fire Safety Systems (FSS Code) and the Seafarers' Training, Certification and Watchkeeping (STCW) 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  81st  session  of  the  International  Maritime  Organization’s  Marine  Protection 
Environment Committee (MEPC 81), scheduled to take place from 18 to 22 March 2024 and 
at the 108th session of the International Maritime Organization’s Maritime Safety Committee 
(MSC 108), scheduled to take place from 15 to 24 May 2024.  

During the MEPC 81, it is envisaged to adopt amendments to: 

(1) 

(2) 

(3) 

article V of Protocol I of the International Convention for the Prevention of Pollution 
from Ships (MARPOL); 

Annex VI of MARPOL, and; 

the Ballast Water Management Convention. 

During the MSC 108, it is envisaged to adopt amendments to:   

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

chapters II-1, II-2 and V of the International Convention for the Safety of Life at Sea 
(SOLAS), 1974; 

the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels 
(IGF Code); 

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

the International Life-Saving Appliance (LSA) Code; 

the International Code for Fire Safety Systems (FSS Code); and 

section A-VI/1 of the Seafarers' Training, Certification and  Watchkeeping (STCW) 
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 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.  

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2.2. 

The International Maritime Organization  

The  International  Maritime  Organization  (IMO)  is  the  United  Nations’  specialised  agency 
with  responsibility  for  the  safety  and  security  of  shipping  and  the  prevention  of  marine 
pollution  by  ships.  It  is  the  global  standard-setting  authority  for  the  safety,  security  and 
environmental  performance  of  international  shipping.  Its  main  role  is  to  create  a  regulatory 
framework  for  the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and 
universally implemented.  

Membership in the IMO is open to all States and all EU Member States are IMO members. 
The  EU’s  relations  with  IMO  are  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  (MSC)  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  (MEPC)  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.  

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

2.3. 
On  18  to  22  March  2024,  during  its  81st  session,  the  Marine  Environment  Protection 
Committee  is  to  adopt  amendments  to:  article  V  of  Protocol  I  of  MARPOL,  Annex  VI  of 
MARPOL and the Ballast Water Management Convention. 

The purpose of the envisaged amendments to article V of Protocol I of MARPOL is to revise 
the reporting procedures for the loss of containers to avoid double reporting. 

The purpose of the envisaged amendments to Annex VI of MARPOL on low-flashpoint fuels 
and  other  fuel  oil  related  issues  is  to  resolve  the  requirement  for  testing  and  including 
flashpoint  information  on  the  Bunker  Delivery  Note  (BDN)  for  low-flashpoint  fuels,  which 
was inconsistent with the recent amendments to SOLAS chapter II-2 adopted at MSC 106. On 
the  amendments  to  accessibility  of  the  data  in  the  IMO  Ship  Fuel  Consumption  Database 
(IMO DCS), and on inclusion of data on transport work and enhanced level of granularity in 
the  IMO  DCS,  the  purpose  is  to  optimise  the  use  of  DCS  to  the  benefit  of  shipping’s 
decarbonisation policy-making. 

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The purpose of the envisaged amendments to the Ballast Water Management Convention is to 
promote the use of electronic record books under the Convention. 

The envisaged acts of the IMO’s Maritime Safety Committee 

2.4. 
On 15 to 24 May 2024, during its 108th session, the Maritime Safety Committee is to adopt 
amendments to: chapters II-1, II-2 and V of SOLAS, the IGF Code, the 2011 ESP Code, the 
LSA Code, the FSS Code and section A-VI/1 of the STCW Code. 

The  purpose  of  the  envisaged  amendments  to  chapters  II-1,  II-2  and  V  of  SOLAS,  1974  is 
respectively,  to  ensure  safe  towing  for  ships,  to  enhance  the  fire  safety  of  passenger  ships, 
including ro-ro passenger ships, and to simplify the processing of container loss reports. 

The purpose of the envisaged amendments to the IGF Code is to enhance the safety of ships, 
including passenger ships, using natural gas as fuel.  

The purpose of the envisaged amendments to the 2011 ESP Code is to clarify the Procedures 
for approval and certification of a firm engaged in thickness measurement of hull structures. 

The purpose of the envisaged amendments to the LSA Code is to promote maritime safety by 
revising the lowering speed of survival craft and rescue boats for passenger ships, by ensuring 
a  suitable  in-water  performance  of  lifejackets  for  the  safety  of  seafarers  and  by  increasing 
safety standards of single fall and hook systems with on-load release hooks. 

The purpose of the envisaged amendments to the FSS Code is to to enhance the fire safety of 
passenger ships, and in particular ro-ro passenger ships.  

The purpose of the envisaged amendments to section A-VI/1 of the STCW Code is to ensure a 
safe workplace for the seafarers. 

3. 

3.1. 

POSITION  TO  BE  TAKEN  ON  THE  UNION'S  BEHALF  IN  THE  81ST  SESSION  OF  THE  
MARINE ENVIRONMENT PROTECTION COMMITTEE 

Amendments to article V of Protocol I of the International Convention for the 
Prevention of Pollution from Ships (MARPOL) 

MSC  103  had  agreed  to  include  in  its  post-biennial  agenda  an  output  on  "Development  of 
measures regarding the detection and mandatory reporting of  containers lost at sea that may 
enhance the positioning, tracking and recovery of such containers", with two sessions needed 
to  complete  the  item,  assigning  the  Sub-Committee  on  Carriage  of  Cargoes  and  Containers 
(CCC) as the coordinating organ. 

CCC  8  agreed  to  establish  a  Working  Group  on  Development  of  Measures  Regarding  the 
Detection  and  Mandatory  Reporting  of  Containers  Lost  at  Sea  and  instructed  it,  taking  into 
account the comments made and decisions taken in plenary, to, among others, to prepare draft 
amendments  to  article  V  of  Protocol  I  of  the  MARPOL  Convention,  based  on  an  EU 
submission (CCC 8/11/1).  

Having considered the report of the Working Group, CCC 8 agreed on the draft amendments 
to article V of Protocol I of the MARPOL Convention, with a view to concurrent adoption by 
MEPC. 

The Union’s position was to actively support these amendments as they had been included in 
an EU submission (CC 8/11/1 (Australia et al.)).  

MEPC  80  approved  the  draft  amendments  to  article  V  of  Protocol  I  of  MARPOL,  having 
noted that MSC 107 had approved the related draft amendments to SOLAS chapter V, with a 
view to adoption at MEPC 81. 

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The Union’s position was to actively support the draft amendments subject to the approval of 
the related draft amendments to SOLAS chapter V by MSC 107.  

The  Union  should  therefore  support  these  amendments,  as  it  is  important  to  establish  one 
single  reporting  system  for  the  loss  of  containers,  to  avoid  duplicative  submission 
requirements and avoid confusion, which entails the risk of not reporting of containers lost at 
sea.  

3.2. 

Amendments to Annex VI of MARPOL 

With regard to amendments to MARPOL Annex VI related to  low-flashpoint fuels and other 
fuel oil related issues: 

MEPC  79,  having  adopted  through  resolution  MEPC.362(79)  amendments  to  MARPOL 
Annex  VI  to  add  flashpoint  to  the  information  to  be  included  in  the  Bunker  Delivery  Note 
(BDN), invited interested Member States and international organizations to submit proposals 
to  MEPC  80,  with  specific  reference  made  to  establishing  an  exemption  for  low-flashpoint 
fuels  in  regulation  18.4 of MARPOL Annex VI, to  resolve the matter under existing output 
3.7 (MEPC 79/15, paragraph 3.37). 

MEPC 80, after taking into consideration the report of the Working Group on Air Pollution 
and Energy Efficiency, approved the draft amendments to regulations 2, 14, 18 and appendix I 
of MARPOL Annex VI, with a view to adoption at MEPC 81.  

The Union’s position was to refer the discussion of the amendments to the working group on 
air pollution so that they could be considered in detail. 

The Union position should be to support these amendments, as to resolve the requirement for 
testing and including flashpoint information on the BDN for low-flashpoint fuels, which was 
inconsistent with the recent amendments to SOLAS chapter II-2 adopted at MSC 106. 

With  regard  to  amendments  to  MARPOL  Annex  VI  on  accessibility  of  the  data  in  the  IMO 
Ship Fuel Consumption Database (IMO DCS) and on inclusion of data on transport work and 
enhanced level of granularity in the IMO DCS: 

At its seventy-eighth session, MEPC approved a dedicated workstream on the revision of the 
IMO Ship Fuel Oil Consumption Data Collection System (DCS), inviting interested Member 
States  and  international  organizations  to  submit  concrete  proposals  to  a  future  session  of 
ISWG-GHG (document MEPC 78/17, paragraph 7.120). 
Following this,  the Intersessional  Working Group on GHG (ISWG-GHG) at  its 13th session 
had discussed a proposal submitted in document ISWG-GHG 13/7 (Austria et al.) to amend 
the  IMO  DCS,  looking  into  possible  future  changes  of  the  IMO  GISIS  reporting  module, 
including additional reporting parameters and enhanced transparency.  

MEPC  79  noted  a  broad  support  to  the  proposal  to  include  data  on  transport  work,  the 
possible  use  of  innovative  technologies  and  on  the  level  of  granularity  of  reported  data  and 
that, accordingly, ISWG-GHG 14 was instructed to further consider the draft amendments to 
Appendix  IX  of  MARPOL  Annex  VI,  using  annex  1  to  document  ISWG-GHG  13/7  as  a 
basis, and the co-sponsors of document ISWG-GHG 13/7 were invited to consult with those 
delegations that had expressed concerns to work on a possible revised proposal. 

The ISWG-GHG 14 took note of the several submissions and invited MEPC 80 to note:  

1.  that  there  was  a  broad  support  within  the  Group  for  the  inclusion  of  data  on 
transport work and on enhanced level of granularity of reported data in the IMO ship 
fuel oil consumption DCS,  

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2.  that concerns were expressed on various issues, such as, immaturity  and timing of 
the  proposed  amendments,  the  tendency  to  overly  complicate  the  CII  mechanism, 
accessibility  of  data  and  transparency  and  that  the  Group  was  not  in  a  position  to 
conclude on these matters; and  

3.  to  forward  the  proposals  set  out  in  documents  ISWG-GHG  14/4,  ISWG-GHG 
14/4/1, ISWG-GHG 14/4/2, as well as the collation of proposed amendments set out 
in  annex  3  of  document  MEPC  80/WP.6,  to  the  Working  Group  on  Air  Pollution 
and  Energy  Efficiency  expected  to  be  established  during  MEPC  80  for  further 
consideration with a view to finalization, taking into account comments made at this 
session. 

The  Group  noted  that  this  issue  would  not  be  reconsidered  during  ISWG-GHG  15  and  that 
any further document on this issue should be submitted to MEPC 80. 

During  MEPC  80,  the  Working  Group  on  Air  Pollution  and  Energy  Efficiency  was 
established to discuss several topics, including proposed amendments to MARPOL Annex VI 
on the revision of the IMO ship fuel oil consumption DCS, using annex 3 to document MEPC 
80/WP.6 as a basis, with a view to finalization of draft amendments to MARPOL Annex VI at 
that session.   

MEPC 80 approved the draft amendments to Annex VI of MARPOL, with a view to adoption 
at MEPC 81. 

The Union position should be to support these amendments, as they optimise the use of DCS 
to  the  benefit  of  shipping’s  decarbonisation  policy-making  and  are  a  compromise  amongst 
broader  access  to  IMO  DCS  data  and  control  thereof  by  the  IMO  Secretariat.  On  the  one 
hand, analytical consultancies and research entities are granted access to DCS data subject to 
the  approval  of  the  IMO  Secretariat  and  on  the  other,  they  provide  the  possibility  for  any 
company to disclose the DCS data of their ships to the general public on a voluntary basis. 

3.3. 

Amendments to the Ballast Water Management Convention 

During MEPC 80, the Ballast Water Review Group was established. It was instructed, among 
others,  to  consider  the  proposed  guidance  for  the  use  of  electronic  record  books  under  the 
Ballast  Water  Management  Convention  (BWM  Convention)  contained  in  the  annex  to 
document  MEPC  79/4/10,  and  advise  the  Committee  accordingly  and  depending  on  the 
outcome of the consideration of the proposed guidance for the use of electronic record books 
under  the  BWM  Convention,  to  consider  the  proposed  consequential  amendments  to  the 
BWM  Convention  contained  in  document  MEPC  79/4/9,  and  advise  the  Committee 
accordingly. 

The working group finalized the draft Guidance for the use of electronic record books under 
the BWM Convention and invited MEPC 80 to adopt the draft MEPC resolution on Guidance 
for the use of  electronic record books under the  BWM Convention. In conjunction  with  the 
finalization  of  the  draft  guidance,  the  Group  also  addressed  some  issues  with  the  proposed 
consequential amendments to regulations A-1 and B-2 of the Convention, relating to existing 
electronic record books that may not be aligned with the guidance and to the verification of 
entries by the master.  

Following that, MEPC 80 considered and approved draft amendments to regulations A-1 and 
B-2  of  the  BWM  Convention  regarding  the  use  of  electronic  record  books  under  the 
Convention, with a view to adoption at MEPC 81.  

The  Union  position should  be  to  support  these amendments,  as  they  take  one  step  closer  to 
digitalisation by keeping electronic record books under the BMW Convention. 

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4. 

4.1. 

POSITION  TO  BE  TAKEN  ON  THE  UNION'S  BEHALF  IN  THE  108TH  SESSION  OF  THE  
MARITIME SAFETY COMMITTEE  

Amendments  to  chapters  II-1,  II-2  and  V  of  the  International  Convention  for 
the Safety of Life at Sea (SOLAS), 1974 

With regards to amendments to chapter II-1 of SOLAS, 1974: 

MSC 103 agreed to entrust the Sub-Committee on Ship Design and Construction (SDC) with 
a  new  output  on  "Development  of  amendments  to  SOLAS  regulation  II-1/3-4  to  apply 
requirements  for  emergency  towing  equipment  for  tankers  to  other  types  of  ships",  with  a 
target completion year of 2023. 

At SDC 8, the Union, together with Australia, Canada, Morocco, New Zealand and Vanuatu, 
submitted the document SDC  8/12/1 in  support of this agenda item  proposing  to  extend the 
scope of SOLAS regulation II-1/3-4 paragraph 1 (presently applicable only to tankers of not 
less  than  20,000  tonnes  deadweight)  to  all  new  ships  other  than  tankers  of  20,000  gross 
tonnage and above. On the other hand, China (SDC 8/12) proposed an amendment to SOLAS 
regulation  II-1/3-4  applicable  to  ships,  other  than  tankers,  of  more  than  150,000  gross 
tonnage.  

The  Chair  pointed  out  that  the  two  submissions  under  this  Agenda  item  were  too  far  apart. 
Therefore, in view of the lack of time, the best way forward would be to defer the discussion 
to SDC 9.  

SDC  9  established  the  Experts  Group  on  Application  of  Emergency  Towing  Equipment  for 
Tankers  to  Other  Types  of  Ships  and  instructed  it,  taking  into  account  the  comments  and 
decisions  made  in  plenary,  to  finalize  the  draft  amendments  to  SOLAS  regulation  II-1/3-4, 
based on document SDC 8/12/1. Following discussion and considering that a large majority 
expressed support for the proposal in document SDC 8/12/1, the Sub-Committee agreed to a 
threshold  value  of  20,000  GT  and  upwards  for  new  ships  requiring  emergency  towing 
arrangements.  The  Sub-Committee  invited  MSC  107  to  approve  the  draft  amendments  to 
SOLAS regulation II-1/3-4 with a view to subsequent adoption (SDC 9/16, annex 9). 

The  Union’s  position  was  to  support  the  amendments  proposed  by  the  Union  in  SOLAS 
regulation II-1/3-4 to extend the scope of SOLAS regulation II-1/3-4 paragraph 1 (presently 
applicable only to tankers of not less than 20,000 tonnes deadweight) to all new ships other 
than tankers of 20,000 gross tonnage and above.  

MSC  107  approved  draft  amendments  to  SOLAS  regulation  II-1/3-4  relating  to  new 
requirements for all new ships other than tankers of not less than 20,000 GT to be fitted with 
emergency towing arrangements, with a view to adoption at MSC 108. 

The Union’s position should be to support these amendments so as to substantially increase 
safety  and  to  ensure  that  all  new  ships  other  than  tankers,  in  particular  passenger  ships,  of 
20,000 gross tonnage and above, can be safely towed in case of emergency.   

With  regards  to  amendments  to  chapter  II-2  of  SOLAS,  1974  concerning  fire  safety,  in 
particular on passenger ships, and more specifically:  

Prevention of fire and explosion - Regulation 4:  

MSC  105  approved,  and  MSC  106  adopted,  draft  amendments  to  SOLAS  chapter  II-2  in 
relation  to  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.  

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MSC 105 also approved the updated action plan and the establishment of the Correspondence 
Group on Development  of Further Measures to  Enhance the Safety of Ships Relating to the 
Use  of  Fuel  Oil,  to  report  to  MSC  107, to  continue  the  development  of  draft  guidelines  for 
ships to address situations where they have indicative test results suggesting that the oil fuel 
supplied may not comply with flashpoint requirements. 

The  Correspondence  Group  agreed  to  continue  the  development  on  a  general  SOLAS 
requirement that oil fuel should not jeopardize the ship's safety, similar to MARPOL Annex 
VI,  regulation  18.3.1.1.3,  based  on  annex  3  in  MSC  107/6.  The  Group  also  discussed  the 
concerns expressed in plenary on the reference "harmful to personnel". Having noted that the 
term  "harmful to  personnel" was used in  MARPOL Annex VI, the Group agreed to  use the 
same  term  in  the  draft  SOLAS  amendments.  Finally,  the  Group  agreed  to  the  draft  new 
SOLAS regulation II-2/4.2.1.9, as set out in annex 3 in MSC 107/WP.10, for approval by the 
Committee and subsequent adoption. 

MSC  107  approved  draft  amendments  to  SOLAS  regulation  II-2/4  related  to  oil  fuel 
parameters other than flashpoint, with a view to adoption at MSC 108. 

The Union’s position in MSC 107 was to continue discussing the work in a working group, 
since the correspondence group did not finalise this work. 

The  Union’s  position  should  be  to  support  these  amendments  since  they  will  enhance  the 
safety of oil fuel usage, in particular on passenger ships. 

Suppression of fire and Special requirements - Regulations 7, 9, 20 and 23: 

MSC 97 agreed to the EU's proposed new output concerning fires on ro-ro decks of passenger 
ships based on a study on accidents occurring on ro-ro passenger ships, identifying 14 areas of 
possible interventions for improvement and amendment of the instruments.  
The  6th  session  of  the  Sub-Committee  on  Ship  Systems  and  Equipment  (SSE)  succeeded  in 
finalising  the  draft  interim  guidelines  which  included  several  proposals  which  were  a  direct 
result of the two FIRESAFE studies. In addition, SSE 6 made good progress on developing 
draft  amendments  to  the  revised  guidelines  for  the  maintenance  and  inspection  of  fire 
protection systems and appliances (MSC.1/Circ.1432).  

SSE 8 further developed the draft amendments to SOLAS chapter II-2 and the FSS Code for 
new and existing ro-ro passenger ships and re-established the Correspondence Group on Fire 
Protection to further progress the work intersessionally, with the terms of reference set out in 
paragraph  6.26  of  document  SSE  8/20,  and  instructed  the  Group  to  submit  a  report  to  this 
session. 

SSE 9 agreed to the draft amendments to SOLAS chapter II-2 concerning fire safety on ro-ro 
passenger ships, as set out in annex 5 of SSE 9/20, with a view to approval by MSC 107 and 
subsequent adoption by MSC 108. 

SSE  9  also  noted  that  the  Group  had  considered  fire  detection  within  control  stations  and 
remote  service  spaces  on  cargo  ships  and  had  agreed  that  the  term  "continuously  manned 
central  control station", as proposed by the Correspondence  Group report  (SSE 9/6), should 
be replaced by the term "all control stations and cargo control rooms". Subsequently, the Sub-
Committee  agreed  to  the  draft  amendments  to  SOLAS  regulation  II-2/7.5.5,  as  set  out  in 
annex 5 of SSE 9/20, with a view to approval by MSC 107 and adoption by MSC 108. 

The  Union’s  position  in  SSE  9  was  to  support  in  general  the  report  of  the  Correspondence 
Group on Fire Protection (SSE 9/6) and propose that this document as well as document SSE 
9/6/1  (Japan)  are  referred  to  the  working  group  on  fire  protection  for  further  detailed 

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discussion with a view to the finalisation of the amendments to SOLAS Chapter II-2 and the 
FSS Code at that session. 

MSC 107 approved draft amendments to SOLAS chapter II-2 on fire safety of ro-ro passenger 
ships,  as  set  out  paragraph  14.16.2  of  the  MSC  107  report  (MSC  107/20)  and  annex  33  of 
MSC 107/20/Add. 1, with a view to adoption at MSC 108.  

The Union’s position in MSC 107 was to support the draft amendment to SOLAS chapter II-2 
but taking into account the modifications proposed by Japan (MSC 107/14/4). 

The  Union’s  position  should  be  to  support  these  amendments  since  they  will  present 
significant  benefits  to  the  safety  of  life  at  sea  by  enhancing  the  standards  of  fire  safety  of 
passenger ships, and in particular ro-ro passenger ships. 

With regards to amendments to chapter V of SOLAS, 1974 concerning safety of navigation -
Regulations 31 and 32: 

MSC  103  had  agreed  to  include  in  its  post-biennial  agenda  an  output  on  "Development  of 
measures regarding the detection and mandatory reporting of containers lost at sea that may 
enhance the positioning, tracking and recovery of such containers", with two sessions needed 
to  complete  the  item,  assigning  the  Sub-Committee  on  Carriage  of  Cargoes  and  Containers 
(CCC) as the coordinating organ. 

CCC  8  agreed  to  establish  a  Working  Group  on  Development  of  Measures  Regarding  the 
Detection  and  Mandatory  Reporting  of  Containers  Lost  at  Sea  and  instructed  it,  taking  into 
account the comments made and decisions taken in plenary, to, among others, to prepare draft 
amendments to chapter V of SOLAS, based on an EU submission (CCC 8/11/1).  

CCC 8 finalised and agreed on the draft amendments to SOLAS chapter V, as set out in annex 
7 of CCC 8/18, for submission to MSC 107 for approval and subsequent adoption. The Sub-
Committee also endorsed the Working Group's views that the draft amendments should enter 
into force on 1 January 2026, provided that the amendments were adopted before 1 July 2024 
in accordance with the ad hoc midterm amendment cycle agreed by MSC 104 (CCC 8/WP.5, 
paragraph 18).  

The Union’s position in CCC 8 was to actively support the proposal in CCC 8/11/1 (Australia 
et  al.)  and  propose  that  it,  together  with  documents  CCC  8/INF.7  (Netherlands)  and  CCC 
8/INF.9 (France), are referred for a technical discussion in the working group on development 
of measures regarding the detection and mandatory reporting of containers lost at sea. 

MSC 107 approved the draft amendments to SOLAS chapter V with regard to the reporting of 
the loss of containers, with a view to adoption at MSC 108.  

The  Union  should  support  these  amendments  because  they  will  simplify  the  processing  of 
container loss reports in order to comply with regulatory obligations, provide for a reporting 
requirement from the flag State to IMO, increase navigation safety and prevent pollution. 

4.2. 

Amendments to the International Code of Safety for Ships Using Gases or other 
Low-flashpoint Fuels (IGF Code) 

CCC 8 agreed to establish the Working Group on Amendments to the IGF Code and Review 
of  the  International  Code  for  the  Construction  and  Equipment  of  Ships  Carrying  Liquefied 
Gases  in  Bulk  (IGC  Code)  and  instructed  it,  taking  into  account  the  comments  made  and 
decisions taken in plenary, to finalize several draft amendments to the IGF Code. 

CCC 8 agreed to the draft amendments to the IGF Code, as set out in annex 3 of CCC 8/18, 
for submission  to  MSC 107 for approval  and subsequent  adoption. In this  context, the Sub-
Committee endorsed the Working Group's recommendation to issue an MSC circular on the 

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early  implementation  of  the  draft  amendments  to  paragraphs  4.2.2  and  8.4.1  to  8.4.3  of  the 
IGF Code, subject to adoption by MSC 108 (CCC 8/WP.4, paragraph 14).  

The  Union’s  position  in  CCC  8  was  to  support  the  establishment  of  a  working  group    to 
finalise the amendments to the IGF Code as set out in the report of the Correspondence Group 
(CCC 8/3), as well as to consider documents CCC 8/3/1-3 (IACS) and CCC 8/3/4 (Republic 
of  Korea),  and  of  a  working  group  on  the  development  of  safety  provisions  for  new 
alternative fuels, in particular to finalize the draft interim guidelines for ships using LPG fuels 
and to further develop the draft interim guidelines for ships using hydrogen as fuel. 

MSC 107 approved draft amendments to the IGF Code, with a view to adoption at MSC 108, 
together  with  an  MSC  circular  on  the  early  implementation  of  the  draft  amendments  to 
paragraphs 4.2.2 and 8.4.1 to 8.4.3 of the IGF Code. 

The Union should support these amendments  because they  will enhance the safety  of ships, 
including passenger ships, using natural gas as fuel.  

4.3. 

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

MSC 106 had adopted amendments  to  parts A and B of annexes  A and  B of the 2011 ESP 
Code, prepared by SDC 8 in accordance with the procedure for undertaking regular updates of 
the Code agreed by MSC 92, which exempts regular updates to the 2011 ESP Code from the 
four-year  cycle  for  entry  into  force  of  SOLAS  amendments  (MSC  92/26,  paragraph  13.31). 
The amendments should be deemed to have been accepted on 1 January 2024, and enter into 
force on 1 July 2024. 

SDC  9  considered  document  SDC  9/6  (China),  proposing  to  modify  the  Procedures  for 
approval and certification of a firm engaged in thickness measurement of hull structures, so as 
to  permit  Administrations  to  exercise  the  right  to  audit  a  firm  conducting  thickness 
measurement of hull structures. Following consideration, the Sub-Committee agreed to a draft 
MSC  resolution  on  Amendments  to  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  annex  3  of  SDC  9/16,  for  submission  to  MSC  107  for  approval  and  subsequent 
adoption. 

The Union’s position on the SDC 9 was to support the proposal. 

MSC 107 approved draft amendments to the 2011 ESP Code, with a view to adoption at MSC 
108.  

The Union’s position in MSC 107 was to support the proposal. 

Therefore,  the  Union  should  support  these  amendments  because  they  will  clarify  the 
Procedures for approval and certification of a firm engaged in thickness measurement of hull 
structures  in  the  annexes  of  the  2019  amendments  to  the  2011  ESP  Code,  referring  to  the 
Administration rather than referring to an organization recognised by the Administration.  

4.4. 

Amendments to the International Life-Saving Appliance (LSA) Code 

With regards to the amendments to minimum and maximum lowering speed of survival craft 
and rescue boats (paragraphs 6.1.2.8 and 6.1.2.10 of LSA Code): 

MSC 99 considered document MSC 99/20/2 (Japan) and agreed to include in its post-biennial 
agenda an output on "Development  of amendments  to  the LSA Code to revise the lowering 
speed  of  survival  craft  and  rescue  boats  for  cargo  ships",  with  two  sessions  needed  to 
complete the item, assigning the SSE Sub-Committee as the coordinating organ (MSC 99/22, 

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paragraphs 20.14 to 20.18). The Committee also agreed that the amendments to be developed 
should  apply  to  all  cargo  ships  to  which  SOLAS  chapter  III  applied  and  to  all  launching 
appliances  using  falls  and  winches;  and  the  instrument  to  be  amended  was  the  LSA  Code, 
paragraph 6.1.2.8.  

SSE 9, having recalled that the output was limited to amendments to cargo ships only, noted 
the  LSA  Working  Group's  conclusion  that  the  draft  revised  requirements  for  the  minimum 
lowering  speed  of  survival  craft  and  rescue  boats  would  have  no  effect  on  passenger  ships, 
which  had  already  a  davit  height  limitation  as  per  SOLAS  regulation  III/24.  Therefore,  the 
Sub-Committee  invited  MSC  107  to  expand  the  application  of  the  aforementioned  draft 
amendments  to  chapter  VI  of  the  LSA  Code  for  revised  paragraphs  6.1.2.8  and  6.1.2.10  to 
passenger ships, so that the maximum lowering speed would also apply, noting that the Group 
had prepared the draft amendments so as to apply for both cargo and passenger ships.  

Subsequently,  the  Sub-Committee  agreed  to  a  draft  MSC  resolution  on  amendments  to  the 
LSA Code for minimum and maximum lowering speed of survival craft and rescue boats, and 
check/monitoring sheet and the record format, as set out in annex 4 of SSE 9/20, with a view 
to approval by MSC 107 and subsequent adoption by MSC 108. 

MSC 107 agreed to modify the draft amendments to paragraph 6.1.2.10 of the LSA Code as 
suggested in document MSC 107/14/5 and approved the draft amendments to the LSA Code 
(paragraphs 6.1.2.8 and 6.1.2.10), with a view to adoption at MSC 108. 

The Union’s position in MSC 107 was to support this decision as it will enhance the safety on 
passenger ships. 

The  Union’s  position  should  be  to  support  the  amendments  since  they  promote  maritime 
safety by revising the lowering speed of survival craft and rescue boats for passenger ships. 

With regards to the amendments to lifejacket’s in-water performance (paragraph 2.2.1.6.2 of 
LSA Code): 

MSC  101  had  included  in  the  post-biennial  agenda  of  the  Committee  an  output  on 
"Development of amendments to the LSA Code and resolution MSC.81(70) to address the in-
water  performance  of  SOLAS  lifejackets",  aiming  to  enhance  the  in-water  performance  of 
lifejackets to  mitigate the risks associated with  seafarers becoming immersed in  water, with 
two sessions required to complete the item, assigning the Sub-Committee as the coordinating 
organ.  

SSE 9 agreed to the draft amendments to chapter II of the LSA, as set out in annex 4 of SSE 
9/20, with a view to approval by MSC 107 and subsequent adoption by MSC 108.  

The Union’s position in SSE 9 was to support that the relevant sections of SSE 9/3 (annexes 2 
and 3 to the report of the LSA Correspondence Group) as well as documents submitted under 
this agenda item are referred to the LSA working group for detailed analysis with a view to 
finalisation at this session. 

MSC 107 approved draft amendments to chapter II of the LSA Code concerning the in-water 
performance of lifejackets, with a view to adoption at MSC 108.  

The Union’s position was to support that the relevant sections of SSE 9/3 (annexes 2 and 3 to 
the  report  of  the  LSA  Correspondence  Group)  as  well  as  documents  submitted  under  this 
agenda  item  are  referred  to  the  LSA  working  group  for  detailed  analysis  with  a  view  to 
finalisation at this session.  

The  Union’s  position  should  be  to  support  the  amendments  since  they  promote  maritime 
safety by ensuring a suitable in-water performance of lifejackets for the safety of seafarers.  

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With  regards  to  the  amendments  for  single  fall  and  hook  systems  in  lifeboat  fittings 
(paragraphs 4.4.7.6.8 and 4.4.7.6.17 in LSA Code)  

MSC 99 considered document MSC 99/20/2 (Japan) and agreed to include in its post-biennial 
agenda an output on "Development  of amendments  to  the LSA Code to revise the lowering 
speed  of  survival  craft  and  rescue  boats  for  cargo  ships",  with  two  sessions  needed  to 
complete the item, assigning the SSE Sub-Committee as the coordinating organ (MSC 99/22, 
paragraphs 20.14 to 20.18).  

SSE  7  considered  draft  amendments  to  paragraph  4.4.7.6.17  of  the  LSA  Code  concerning 
single  fall  and  hook  systems  with  on-load  release  capability  and  agreed  to  the  draft 
amendments, in principle (SSE 7/WP.3, annex 5).  

MSC  106  considered  document  MSC  106/11/1  (Bahamas  et  al.),  identifying  an  unforeseen 
consequence of the proposed deletion of paragraph 4.4.7.6.8 pertaining to off-load hooks, and 
agreed that further discussion was necessary by SSE 9. Additionally, the Committee redefined 
the scope of the output to include other sub-paragraphs of paragraph 4.4.7.6 of the LSA Code 
to provide the necessary clarity for consistent application of the requirements and rename it as 
"Amendments to the LSA Code concerning single fall and hook systems with on-load release 
capability". 

SSE 9 agreed to draft amendments to paragraphs 4.4.7.6.8 and 4.4.7.6.17 (already agreed by 
SSE 7) of chapter IV of the LSA Code on single fall and hook systems, as set out in annex 4 
of SSE 9/20, with a view to approval by MSC 107 and subsequent adoption by MSC 108. In 
this  respect,  the  Sub-Committee  agreed  that  solid  hooks  with  a  spring-loaded  guard  on  the 
hook  mouth  should  be  deemed  to  meet  the  requirements  of  paragraph  4.4.7.6.8  of  the  LSA 
Code, as modified, where it resets automatically. 

The Union’s position in SSE 9 was to further discuss the relevant documents in the working 
group. 

MSC 107 approved draft amendments to paragraphs 4.4.7.6.8 and 4.4.7.6.17 of the LSA Code 
concerning single fall and hook systems, with a view to adoption at MSC 108. 

The Union’s position was to support the amendments. 

The Union’s position should be to support the amendments in LSA Code since they promote 
maritime safety  by  increasing safety  standards of single fall and hook systems  with  on-load 
release hooks by removing the exemptions provided in paragraph 4.4.7.6.17. 

4.5. 

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

MSC 97 agreed to the EU's proposed new output concerning fires on ro-ro decks of passenger 
ships based on a study on accidents occurring on ro-ro passenger ships, identifying 14 areas of 
possible interventions for improvement and amendment of the instruments.  

SSE 6 succeeded in  finalising  the draft interim guidelines which included several  proposals 
which  were  a  direct  result  of  the  two  FIRESAFE  studies.  In  addition,  SSE  6  made  good 
progress  on developing draft amendments  to  the revised guidelines  for the maintenance and 
inspection  of  fire  protection  systems  and  appliances  (MSC.1/Circ.1432).  Eventually,  MSC 
101 approved the interim guidelines.  

SSE  7  approved,  in  principle,  the  draft  amendments  to  the  FSS  Code,  chapters  7  and  9, 
bearing  in  mind  that  the  correspondence  group  would  further  consider  the  issue  of  the 
additional requirements for linear heat detection system in the FSS Code.  

SSE 8 further developed the draft amendments to SOLAS chapter II-2 and the FSS Code for 
new and existing ro-ro passenger ships and re-established the Correspondence Group on Fire 

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Protection to further progress the work intersessionally, with the terms of reference set out in 
paragraph  6.26  of  document  SSE  8/20,  and  instructed  the  Group  to  submit  a  report  to  this 
session. 

SSE 9 agreed to draft amendments to the FSS Code, as set out in annex 6 of SSE 9/20, with a 
view  to  approval  by  MSC  107  and  subsequent  adoption  by  MSC  108,  together  with  the 
adoption of the associated draft amendments to SOLAS.  

The  Union’s  position  in  SSE  9  was  to  support  in  general  the  report  of  the  Correspondence 
Group on Fire Protection (SSE 9/6) and propose that this document as well as document SSE 
9/6/1  (Japan)  are  referred  to  the  working  group  on  fire  protection  for  further  detailed 
discussion with a view to the finalisation of the amendments to SOLAS Chapter II-2 and the 
FSS Code at this session.  

MSC 107 approved draft amendments to the FSS Code on fire safety of ro-ro passenger ships, 
with  a  view  to  adoption  by  MSC  108  together  with  the  associated  draft  amendments  to 
SOLAS. 

The Union’s position was to support these amendments.  

The  Union’s  position  should  be  to  support  these  amendments  since  they  will  present 
significant benefits to the safety of life at sea by enhancing fire safety of passenger ships, and 
in particular ro-ro passenger ships.  

4.6. 

Amendments  to  the  Seafarers'  Training,  Certification  and  Watchkeeping 
(STCW) Code 

MSC 105  had confirmed that the Joint ILO/IMO Tripartite Working Group (JTWG) should 
consider  the  development  of  training  provisions  addressing  bullying  and  harassment  in  the 
maritime  sector,  including  Sexual  Assault  and  Sexual  Harassment  (SASH),  within  its  new 
terms  of  reference  (MSC  105/20,  paragraph  16.14.1)  and  instructed  Sub-Committee  on 
Human Element, Training and Watchkeeping (HTW) to develop and finalize, as a matter of 
priority,  STCW  training  provisions  addressing  bullying  and  harassment  in  the  maritime 
sector,  including  SASH,  as  part  of  the  new  output  on  "Comprehensive  review  of  the  1978 
STCW Convention and Code", taking into account the work to be done in coordination with 
JTWG. 

HTW 9 agreed to the draft amendments to table A-VI/1-4 of the STCW Code to prevent and 
respond to bullying and harassment, including SASH, as set out in annex 7 of HTW 9/15, for 
approval by MSC 107 with a view to adoption by MSC 108. The Sub-Committee also agreed 
that the draft amendments should be considered by JTWG and referred back to HTW 10 for 
final consideration, before their adoption by the Committee. 

The  Union’s  position  in  HTW  9  was  to  support  documents  HTW  9/7/1  (United  States)  and 
HTW  9/7/8  (Bahamas  et  al.)  on  substance,  taking  into  account  HTW  9/7/5  (Republic  of 
Korea) and confirm the importance of addressing the issue of harassment and psychological 
safety, while indicating that in line with MSC 105, the three documents should be discussed 
as a matter of priority in the working group before the general review is considered. 

MSC 107 approved draft  amendments  to  table A-VI/1-4 of the STCW Code to  prevent  and 
respond to bullying and harassment, including SASH, with a view to adoption at MSC 108. In 
this connection, the Committee noted the agreement  during HTW 9  to also  refer the above-
mentioned draft amendments to the second meeting of the Joint ILO/IMO Tripartite Working 
Group  to  identify  and  address  seafarers'  issues  and  the  human  element  (JTWG),  for 
consideration and advice to MSC 108, before their adoption at that session. 

The Union’s position was to support the draft amendments. 

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The  Union’s  position  should  be  to  support  these  amendments  as  they  will  ensure  a  safe 
workplace  for  the  seafarers  by  including  in  Section  A-VI/1  on  “Mandatory  minimum 
requirements for safety familiarization, basic training and instruction for all seafarers” a new 
competence  to  “Contribute  to  the  prevention  of  and  response  to  bullying  and  harassment, 
including sexual assault and sexual harassment”. 

5. 

5.1. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

Amendments to article V of Protocol I of the International Convention for the 
Prevention of Pollution from Ships (MARPOL) 

Directive  2002/59/EC,  as  amended,  establishes  a  Community  vessel  traffic  monitoring  and 
information system1. Article 17 requires that Member States take all appropriate measures to 
ensure  that  the  master  of  a  ship  sailing  within  their  search  and  rescue  region/exclusive 
economic  zone  or  equivalent,  immediately  reports  to  the  coastal  station  responsible  for  that 
geographical  area:  “…  (d) any slick of  polluting materials and containers  or packages seen 
drifting  at  sea.”  The  purpose  is  to  make  responsible  authorities  (affected  coastal  States) 
aware,  so  that  timely  measures  can  be  taken.  There  is  therefore  already,  at  the  EU  level,  a 
mandatory system (SafeSeaNet) in place for reporting lost containers. This incident reporting 
system has been established practice since 2012.  

In  addition,  Directive  2009/18/EC  establishing  the  fundamental  principles  governing  the 
investigation  of  accidents  in  the  maritime  transport  sector2  provides  that  Member  States’ 
maritime  accident  investigation  bodies  are  informed  without  delay  by  the  responsible 
authorities  and/or  by  the  parties  involved,  of  the  occurrence  of  all  casualties  and  incidents 
falling within the scope of the Directive. This includes the loss of containers at sea.  

Therefore, the amendments to article V of Protocol I of the International Convention for the 
Prevention  of  Pollution  from  Ships  (MARPOL)  are  capable  of  decisively  influencing  the 
requirements applicable under Directive 2002/59/EC and Directive 2009/18/EC . 

Amendments to Annex VI of MARPOL 

5.2. 
Directive (EU) 2016/802 relating to a reduction in the sulphur content of certain liquid fuels3 
reflects  the  sulphur-in-fuel-related  requirements  and  implementing  provisions  of  the  revised 
MARPOL Annex VI.  

In addition, Regulation (EU) 2015/757 on the monitoring, reporting and verification of carbon 
dioxide  emissions  from  maritime  transport4  (EU  MRV  Regulation)  establishes  the  legal 
framework  for  an  EU  system  to  monitor,  report  and  verify  (MRV)  GHG  emissions.  The 
regulation  aims  to  deliver  robust  and  verifiable  GHG  emissions  data  and  energy  efficiency 
indicators,  inform  policy  makers  and  stimulate  the  market  uptake  of  energy  efficient 
technologies  and  behaviours.  It  does  so  by  addressing  market  barriers  such  as  the  lack  of 
information. It entered into force on 1 July 2015.  

The Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality 
(EU Climate Law)5 sets a binding Union climate target of a reduction of net greenhouse gas 
emissions—emissions  after  deduction  of  removals—by  at  least  55%  by  2030  compared  to 

1 
2 
3 
4 
5 

OJ L 208, 5.8.2002, p. 10 
OJ L 131, 28.5.2009, p. 114 
OJ L 132, 21.5.2016, p. 58 
OJ L 123, 19.5.2015, p. 55 
OJ L 243, 9.7.2021, p. 1 

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1990. It also includes the aim of climate neutrality by 2050 and an aspirational goal for net 
negative emissions after this time. 

Based on the Commission’s proposals of the Fit for 55 package to reduce GHG emissions, the 
EU legislators adopted the following legal acts specifically targeting GHG emissions from the 
shipping sector:  

• 

the revision of Directive 2003/87/EC establishing a system for greenhouse gas 
emission  allowance  trading  within  the  Union6  and  Decision  (EU)  2015/1814 
concerning the establishment and operation of a market stability reserve for the 
Union  greenhouse  gas  emission  trading  system7  by  the  amending  Directive 
(EU)  2023/9598  to  extend  the  EU  Emissions  Trading  System  (ETS)  to  the 
maritime  transport  sector  to  apply  as  of  1  January  2024  (together  with  the 
necessary amendments to the EU MRV Regulation9, to revise monitoring and 
reporting  rules,  also  through  the  revision  of  the  relevant  implementing  and 
delegated acts).  

• 

Regulation  (EU)  2023/1805  focuses  on  the  use  of  renewable  and  low-carbon 
fuels in the maritime sector10 (FuelEU Maritime Regulation) and mandates the 
uptake thereof by ships calling at EU ports to apply as of 1 January 2025. 

Compliance  with  the  new  obligations  stemming  from  the  extension  of  the  EU  Emission 
Trading System (ETS) to maritime transport and the FuelEU Maritime Regulation will build 
on the monitoring, reporting, and verification system established by the EU MRV Regulation.  

These EU acts are in turn strongly linked with the IMO measures on GHG such as the IMO 
Data Collection System, the  Energy Efficiency Existing Ship Index (EEXI), and the Carbon 
Intensity  Indicator  (CII)  aiming  to  collect  and  publish  information  on  the  technical  and 
operational energy efficiency of ships on a per-ship basis.  

Any  IMO  measure  on  GHG  matters,  which  will  require  the  monitoring,  verification  and 
reporting of GHG emissions from shipping, could affect the EU MRV Regulation as well as 
the EU ETS Directive and the FuelEU Maritime Regulation.  

Therefore, the amendments  to Annex VI of MARPOL are capable of decisively influencing 
the  requirements  applicable  under  Directive  (EU)  2016/802,  Regulation  (EU)  2015/757, 
Directive 2003/87/EC, Decision (EU) 2015/1814 and Regulation (EU) 2023/1805.  

Amendments to the Ballast Water Management Convention 

5.3. 
Directive  2009/16/EC  on  port  State  control11  aims  to  ensure  ships  respect  EU  and 
international  maritime safety  and environmental rules  and it is establishing common criteria 
for ship inspections. 

Following  a  Commission’s  proposal  for  the  revision  of  the  Directive,  the  Ballast  Water 
Management  Convention  will  be  included  in  the  list  of  Conventions  (article  2  point  1)  that 
port State control officers should ensure its application to foreign flagged vessels during their 

6 
7 
8 
9 

10 
11 

OJ L 275, 25.10.2003, p. 32 
OJ L 264, 9.10.2015, p. 1 
OJ L 130, 16.5.2023, p. 134 
Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending 
Regulation (EU)  2015/757 in order to provide for the inclusion of maritime transport activities in the 
EU  Emissions  Trading  System  and  for  the  monitoring,  reporting  and  verification  of  emissions  of 
additional greenhouse gases and emissions from additional ship types , OJ L 130, 16.5.2023, p. 105 
OJ L 234, 22.9.2023, p. 48 
OJ L 131, 28.5.2009, p. 57 

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inspections  (article  13).  According  to  the  case-law12  of  the  Court  of  Justice,  the  risk  of 
affectation  concerns  not  only  the  rules  as  they  stand,  but  also  their  foreseeable  future 
development.  

Therefore,  the  amendments  to  the  Ballast  Water  Management  Convention  are  capable  of 
decisively influencing the requirements applicable under Directive 2009/16/EC.  

5.4. 

Amendments  to  chapters  II-1,  II-2  and  V  of  the  International  Convention  for 
the Safety of Life at Sea (SOLAS), 1974 

Article 6(2)(a)(i) of Directive 2009/45/EC on safety rules and standards for passenger ships13 
applies  SOLAS  to  Class  A  passenger  ships,  while  Annex  I,  Chapter  II-2  Fire  Protection, 
Detection and Extinction lays down various and extensive requirements for Class B, C and D 
passenger ships when engaged in domestic voyages.  

In addition, Annex I includes Regulations II-1/A-1/5 (Section 1) and II-1/A-1/3-4 (Section 2) 
which  state  that  Class  B  ships  shall  be  provided  with  a  ship-specific  emergency  towing 
procedure. Such a procedure shall be carried aboard the ship for use in emergency situations 
and shall be based on existing arrangements and equipment available on board the ship. These 
regulations also refer to the ‘Guidelines for owners/operators on preparing emergency towing 
procedures’ (MSC.1/Circ.1255). 

Directive  2002/59/EC,  as  amended,  which  requires  that  Member  States  take  all  appropriate 
measures  to  ensure  that  the  master  of  a  ship  sailing  within  their  search  and  rescue 
region/exclusive  economic  zone  or  equivalent,  immediately  reports  to  the  coastal  station 
responsible for that geographical area: “… (d) any slick of polluting materials and containers 
or  packages  seen  drifting  at  sea.”  The  purpose  is  to  make  responsible  authorities  (affected 
coastal States) aware, so that timely measures can be taken. There is therefore already, at the 
EU  level,  a  mandatory  system  (SafeSeaNet)  in  place  for  reporting  lost  containers.  This 
incident reporting system has been established practice since 2012.  

In  addition,  Directive  2009/18/EC  establishing  the  fundamental  principles  governing  the 
investigation  of  accidents  in  the  maritime  transport  sector  provides  that  Member  States’ 
maritime  accidents  in  the  maritime  transport  sector  provides  that  Member  States’  maritime 
accident investigation bodies are informed without delay by the responsible authorities and/or 
by  the  parties  involved,  of  the  occurrence  of  all  casualties  and  incidents  falling  within  the 
scope of the Directive. This includes the loss of containers at sea.  

Therefore, the amendments to chapters II-1, II-2 and V of the International Convention for the 
Safety of Life at Sea (SOLAS), 1974  are capable of decisively influencing the requirements 
applicable under Directive 2009/45/EC, Directive 2002/59/EC and Directive 2009/18/EC.  

5.5. 

Amendments to the International Code of Safety for Ships Using Gases or other 
Low-flashpoint Fuels (IGF Code)  

Article 6(2)(a)(i) of Directive 2009/45/EC  on safety  rules and standards for passenger ships 
engaged on domestic voyages applies SOLAS, as amended, to Class A passenger ships. Since 
the IGF Code is a mandatory Code under SOLAS then it is also applicable for passenger ships 
under this Directive.  

In addition, Annex I of Directive 2009/45/EC includes two regulations related to ships using 
low-flashpoint fuels:  

12 
13 

Opinion 1/03 of the Court of Justice of 7 February 2006, Lugano Convention, point 126. 
OJ L 163, 25.6.2009, p. 1 

EN 

15 

  EN 

 
• 

• 

Regulation II-1/G/1: applicable to New Class B, C and D [and existing Class B 
ships] - “Ships, irrespective of the date of construction, converted to using or 
which  undertake  to  use  gaseous  or  liquid  fuel  having  a  flashpoint  lower  than 
otherwise  permitted  under  Regulation  II-2/A/10,  subparagraph.1.1,  shall 
comply  with  the  requirements  of  the  IGF  Code,  as  defined  in  SOLAS  II-
1/2.28.”; and  

Regulation  II-1/G/57:  Requirements  for  ships  using  low-flashpoint  fuels  - 
“ships  using  gaseous  or  liquid  fuel  having  a  flashpoint  lower  than  otherwise 
permitted under Regulation II- 2/4.2.1.1 shall comply with the requirements of 
the IGF Code, as defined in SOLAS II-1/2.28. 

Therefore, the amendments to the International Code of Safety for Ships Using Gases or other 
Low-flashpoint  Fuels  (IGF  Code)  are  capable  of  decisively  influencing  the  application  of 
Directive 2009/45/EC.    

5.6. 

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

Regulation  (EU)  No  530/2012  on  the  accelerated  phasing-in  of  double-hull  or  equivalent 
design requirements for single-hull oil tankers14 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  to  the  International  Code  on  the  Enhanced  Programme  of 
Inspections  during  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011  (2011  ESP  Code)  are 
capable of decisively influencing the application of Regulation (EU) No 530/2012.    

Amendments to the International Life-Saving Appliance (LSA) Code 

5.7. 
Directive 2014/90/EU on marine equipment15 ensures the free movement of such equipment 
within  the  Union  through  the  uniform  application  of  the  relevant  international  instruments 
relating  to  marine  equipment  to  be  placed  on  board  EU  ships.  In  this  regard,  Implementing 
Regulation  (EU)  2023/1667  has  been  adopted  which  includes  life-saving  appliances  and 
lifejackets, where references are made to the LSA Code and to resolution MSC.81(70).  

In  addition,  Article  6(2)(a)(i)  of  Directive  2009/45/EC  on  passenger  ships  operating 
domestically applies SOLAS to Class A passenger ships. Furthermore, in accordance with the 
same Directive, Class B, C and D ships are obliged to  adhere to  the main provisions of the 
LSA Code and SOLAS Chapter III.  

Therefore,  the  amendments  to  the  International  Life-Saving  Appliance  (LSA)  Code  are 
capable  of  decisively  influencing  the  application  of  Directive  2014/90/EU  and  Directive 
2009/45/EC.    

14 
15 

OJ L 172, 30.6.2012, p. 3 
OJ L 257, 28.8.2014, p. 146 

EN 

16 

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5.8. 

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

Article  6(2)(a)(i)  of  Directive  2009/45/EC  applies  SOLAS,  as  amended,  including  the 
International  Code  for  Fire  Safety  Systems  (FSS  Code),  to  Class  A  passenger  ships,  while 
Annex  I,  Chapter  II-2  Fire  Protection,  Detection  and  Extinction  lays  down  various  and 
extensive  requirements  for  Class  B,  C  and  D  passenger  ships  when  engaged  in  domestic 
voyages.  

Therefore, the amendments to the International Code for Fire Safety Systems (FSS Code) are 
capable of decisively influencing the application of Directive 2009/45/EC.    

5.9. 

Amendments  to  the  Seafarers'  Training,  Certification  and  Watchkeeping 
(STCW) Code 

Directive  (EU)  2022/993  incorporates  the  STCW  Convention  into  Union  law.  Training  and 
certification  requirements  of  seafarers  are  regulated  in  EU  law  in  Directive  (EU)  2022/993. 
Article 3 of the Directive obliges Member States to take the necessary measures to ensure that 
seafarers serving on ships receive a training that, as a minimum, covers the requirements of 
the  STCW  Convention,  as  laid  down  in  Annex  I  to  the  Directive,  including,  where 
appropriate, the applicable provisions of the STCW Code (Article 1(21) of the Directive). 

Therefore,  the  amendments  to  the  Seafarers'  Training,  Certification  and  Watchkeeping 
(STCW)  Code  are  capable  of  decisively  influencing  the  application  of  Directive  (EU) 
2022/993.    

5.10.  EU competence 

The subject matter of the envisaged acts concerns an area for which the Union has exclusive 
external competence by virtue of the last limb of Article 3(2) TFEU, as the envisaged acts are 
liable to ‘affect common rules or alter their scope’. 

6. 

LEGAL BASIS 

6.1. 

Procedural legal basis 

6.1.1.  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.16 

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’.17 

16 
17 

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

EN 

17 

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6.1.2.  Application to the present case 

The IMO’s Marine Environment Protection Committee and Maritime Safety Committee and 
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  2002/59/EC  establishing  a  Community  vessel  traffic  monitoring  and 
information  system.  This  is  because  it  requires  that  Member  States  take  all 
appropriate  measures  to  ensure  that  the  master  of  a  ship  sailing  within  their  search 
and rescue region/exclusive economic zone or equivalent, immediately reports to the 
coastal  station  responsible for that geographical  area:  “…  (d) any slick of  polluting 
materials and containers or packages seen drifting at sea.” The purpose is to make 
responsible authorities (affected coastal States) aware, so that timely measures can be 
taken. There is therefore already, at the EU level, a mandatory system (SafeSeaNet) 
in place for reporting lost containers.  

Directive  2009/18/EC  establishing  the  fundamental  principles  governing  the 
investigation of accidents in the maritime transport sector. This is because it provides 
that  Member  States’  maritime  accident  investigation  bodies  are  informed  without 
delay by the responsible authorities and/or by the parties involved, of the occurrence 
of all casualties and incidents falling within the scope of the Directive. This includes 
the loss of containers at sea.  

Directive  (EU)  2016/802  relating  to  a  reduction  in  the  sulphur  content  of  certain 
liquid  fuels.  This  is  because  it  reflects  the  sulphur-in-fuel-related  requirements  and 
implementing provisions of the revised MARPOL Annex VI. 

Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon 
dioxide  emissions  from  maritime  transport.  This  is  because  it  establishes  the  legal 
framework for an EU system to monitor, report and verify (MRV) GHG emissions. 
Compliance with the new obligations stemming from the extension of the EU ETS to 
maritime  transport  and  the  FuelEU  Maritime  Regulation  will  build  on  the 
monitoring,  reporting,  and  verification  system  established  by  the  EU  MRV 
Regulation.   

Directive 2003/87/EC establishing a system for greenhouse gas emission allowance 
trading within the Union and Decision (EU) 2015/1814 concerning the establishment 
and  operation  of  a  market  stability  reserve  for  the  Union  greenhouse  gas  emission 
trading system, as both amended by Directive (EU) 2023/959 which extended the EU 
ETS  to  the  maritime  transport  sector.  This  is  because  it  is  strongly  linked  with  the 
IMO  measures  on  GHG  such  as  the  IMO  Data  Collection  System,  the    Energy 
Efficiency  Existing  Ship  Index  (EEXI),  and  the  Carbon  Intensity  Indicator  (CII) 
aiming  to  collect  and  publish  information  on  the  technical  and  operational  energy 
efficiency of ships on a per-ship basis.  

Regulation  (EU)  2023/1805  on  the  use  of  renewable  and  low-carbon  fuels  in 
maritime transport. This is  because  it  is strongly  linked with  the  IMO measures  on 
GHG such as the IMO Data Collection System, the  Energy Efficiency Existing Ship 
Index (EEXI), and the Carbon Intensity Indicator (CII) aiming to collect and publish 
information on the technical and operational energy efficiency of ships on a per-ship 
basis.  

EN 

18 

  EN 

– 

– 

– 

– 

– 

Directive  2009/16/EC  on  port  State  control.  This  is  because,  following  a 
Commission’s proposal, the Ballast Water Management Convention will be included 
in  the  list  of  Conventions  (article  2  point  1)  that  port  State  control  officers  should 
ensure  applies  to  foreign  flagged  vessels  during  their  inspections  (article  13). 
According to the case-law of the Court of Justice, the risk of affectation concerns not 
only the rules as they stand, but also their foreseeable future development.  

Directive  2009/45/EC  on  safety  rules  and  standards  for  passenger  ships.  This  is 
because Article 6(2)(a)(i) applies SOLAS, as well as FSS Code, to Class A passenger 
ships,  while  Annex  I,  Chapter  II-2  Fire  Protection,  Detection  and  Extinction  lays 
down various and extensive requirements for Class B, C and D passenger ships when 
engaged in domestic voyages. In addition, since the IGF Code is a mandatory Code 
under  SOLAS  then  it  is  also  applicable  for  passenger  ships  under  this  Directive. 
Class B, C and D ships are also obliged to adhere to the main provisions of the LSA 
Code and SOLAS Chapter III.  

Regulation  (EU)  No  530/2012  on  the  accelerated  phasing-in  of  double-hull  or 
equivalent  design  requirements  for  single-hull  oil  tankers.  This  is  because  it  makes 
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. 

Directive  2014/90/EU  on  marine  equipment.  This  is  because  lifejackets  and 
lifesaving  appliances  as  well  as  Resolution  MSC.81(70)  form  part  of  the  Annex  to 
Commission Implementing Regulation (EU) 2023/1667. 

Directive  (EU)  2022/993  on  the  minimum  level  of  training  of  seafarers.  This  is 
because it incorporates the STCW Convention into Union law, as well as the STCW 
Code. 

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. 

6.2. 

Substantive legal basis 

6.2.1.  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. 

6.2.2.  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. 

EN 

19 

  EN 

6.3. 

Conclusion 

The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with 
Article 218(9) TFEU. 

EN 

20 

  EN 

2024/0040 (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 81st session of the Marine Environment Protection 
Committee and the 108th session of the Maritime Safety Committee on the adoption of 
amendments to the International Convention for the Prevention of Pollution from Ships 
(MARPOL), the Ballast Water Management Convention, the International Convention 
for the Safety of Life at Sea (SOLAS), the International Code of Safety for Ships Using 
Gases or other Low-flashpoint Fuels (IGF Code), the International Code of the 
Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 
2011 (2011 ESP Code), the International Life-Saving Appliance (LSA) Code, the 
International Code for Fire Safety Systems (FSS Code) and the Seafarers' Training, 
Certification and Watchkeeping (STCW) 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  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. 

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  IMO’s  Marine  Environment  Protection  Committee,  in  its  81st  session  from  18 
March  to  22  March  2024,  is  to  adopt  amendments  to  article  V  of  Protocol  I  of  the 
International  Convention  for  the  Prevention  of  Pollution  from  Ships  (MARPOL), 
Annex  VI  of  MARPOL  on  low-flashpoint  fuels  and  other  fuel  oil  related  issues,  on 
accessibility of the data in the IMO Ship Fuel Consumption Database (IMO DCS), and 

EN 

21 

  EN 

(6) 

(7) 

(8) 

(9) 

on inclusion of data on transport work and enhanced level of granularity in the IMO 
DCS, and on the Ballast Water Management Convention. 
The IMO’s Maritime Safety Committee, in its 108th session from 15 May to 24 May 
2024,  is  to  adopt  amendments  to  chapters  II-1,  II-2  and  V  of  the  International 
Convention  for  the  Safety  of  Life  at  Sea  (SOLAS),  1974,  the  International  Code  of 
Safety  for  Ships  Using  Gases  or  other  Low-flashpoint  Fuels  (IGF  Code),  the 
International Code on the Enhanced Programme of Inspections during Surveys of Bulk 
Carriers  and  Oil  Tankers,  2011  (2011  ESP  Code),  the  International  Life-Saving 
Appliance  (LSA)  Code,  the  International  Code  for  Fire  Safety  Systems  (FSS  Code); 
and  section  A-VI/1  of  the  Seafarers'  Training,  Certification  and  Watchkeeping 
(STCW) Code. 

 It is appropriate to establish the position to be taken on the Union’s behalf during the 
81st  session  of  the  IMO’s  Marine  Protection  Environment  Committee,  as  the 
envisioned  acts  are  capable  of  decisively  influencing  the  contents  of  Union  law, 
namely Directive 2002/59/EC establishing a Community vessel traffic monitoring and 
information  system1,  Directive  2009/18/EC  establishing  the  fundamental  principles 
governing  the  investigation  of  accidents  in  the  maritime  transport  sector2,  Directive 
(EU)  2016/802  relating  to  a  reduction  in  the  sulphur  content  of  certain  liquid  fuels3, 
Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon 
dioxide  emissions  from  maritime  transport4,  Directive  2003/87/EC  establishing  a 
system  for  greenhouse  gas  emission  allowance  trading  within  the  Union5,  Decision 
(EU)  2015/1814  concerning  the  establishment  and  operation  of  a  market  stability 
reserve  for  the  Union  greenhouse  gas  emission  trading  system6,  Regulation  (EU) 
2023/1805  on the use of renewable and low-carbon fuels  in  maritime transport7, and 
Directive 2009/16/EC on port State control8. 

Therefore, the Union should support the amendments to article V of Protocol I of the 
International  Convention  for  the  Prevention  of  Pollution  from  Ships  (MARPOL) 
because  it  is  important  to  establish  one  single  reporting  system  for  the  loss  of 
containers, to avoid duplicative submission requirements and  avoid confusion, which 
entails the risk of not reporting of containers lost at sea.  

The  Union  should  support  the  amendments  to  Annex  VI  of  MARPOL  on  low-
flashpoint  fuels  and  other  fuel  oil  related  issues,  because  they  will  resolve  the 
requirement  for  testing  and  including  flashpoint  information  on  the  Bunker  Delivery 
Note  (BDN)  for  low-flashpoint  fuels,  which  was  inconsistent  with  the  recent 
amendments  to  SOLAS  chapter  II-2  adopted  at  MSC  106.  The  Union  should  also 
support the amendments to Annex VI of MARPOL on accessibility of the data in the 
IMO  Ship  Fuel  Consumption  Database  (IMO  DCS),  and  on  inclusion  of  data  on 
transport  work  and  enhanced  level  of  granularity  in  the  IMO  DCS  because  they 
optimise  the  use  of  DCS  to  the  benefit  of  shipping’s  decarbonisation  policy-making 
and are a compromise amongst broader access to IMO DCS data and control thereof 

1 
2 
3 
4 
5 
6 
7 
8 

OJ L 208, 5.8.2002, p. 10 
OJ L 131, 28.5.2009, p. 114 
OJ L 132, 21.5.2016, p. 58 
OJ L 123, 19.5.2015, p. 55 
OJ L 275, 25.10.2003, p. 32 
OJ L 264, 9.10.2015, p. 1 
OJ L 234, 22.9.2023, p. 48 
OJ L 131, 28.5.2009, p. 57 

EN 

22 

  EN 

 
by the IMO Secretariat. On the one hand, analytical consultancies and research entities 
are granted access to DCS data subject to the approval of the IMO Secretariat and on 
the  other,  they  provide  the  possibility  for  any  company  to  disclose  the  DCS  data  of 
their ships to the general public on a voluntary basis. 

(10)  The  Union  should  support  the  amendments  to  the  Ballast  Water  Management 
Convention because they will increase the use of digitalisation on keeping electronic 
record books under the Convention. 

(11) 

 It is appropriate to establish the position to be taken on the Union’s behalf during the 
108th  session  of  the  IMO’s  Maritime  Safety  Committee,  as  the  envisioned  acts  are 
capable  of  decisively  influencing  the  contents  of  Union  law,  namely  Directive 
2009/45/EC on safety rules and standards for passenger ships9, Directive 2002/59/EC 
establishing  a  Community  vessel  traffic  monitoring  and  information  system10, 
Directive  2009/18/EC  establishing 
the 
investigation  of  accidents  in  the  maritime  transport  sector11,  Regulation  (EU)  No 
530/2012  on  the  accelerated  phasing-in  of  double-hull  or  equivalent  design 
tankers12,  Directive  2014/90/EU  on  marine 
requirements  for  single-hull  oil 
equipment13  and  Directive  (EU)  2022/993  on  the  minimum  level  of  training  of 
seafarers14. 

the  fundamental  principles  governing 

(12)  Therefore,  the  Union  should  support  the  amendments  to  chapters  II-1,  II-2  and  V  of 
the  International  Convention  for  the  Safety  of  Life  at  Sea  (SOLAS),  1974,  because 
they  will  substantially  increase  safety  ensuring  that  all  new  ships  other  than  tankers, 
including passenger ships, of 20,000 gross tonnage and above have suitable equipment 
for towing in case or emergency, as well as enhancing in general the standards of fire 
safety  of  passenger  ships,  including  ro-ro  passenger  ships,  and  the  safety  of  oil  fuel 
usage  in  passenger  ships.  They  will  also  simplify  the  processing  of  container  loss 
reports  in  order  to  comply  with  regulatory  obligations,  provide  for  a  reporting 
requirement  from  the  flag  State  to  IMO,  increase  navigation  safety  and  prevent 
pollution. 

(13)  The  Union  should  support  the  amendments  to  the  International  Code  of  Safety  for 
Ships  Using  Gases  or  other  Low-flashpoint  Fuels  (IGF  Code)  because  they  will 
enhance the safety of ships, including passenger ships, using natural gas as fuel.  

(14)  The Union should support the amendments to the International Code on the Enhanced 
Programme  of  Inspections  during  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011 
(2011  ESP  Code)  because  they  will  modify  the  Procedures  for  approval  and 
certification  of  a  firm  engaged  in  thickness  measurement  of  hull  structures  in  the 
annexes  of  the  2019  amendments  to  the  2011  ESP  Code,  referring  to  the 
Administration  rather 
the 
Administration. This will help to clarify the procedure. 

to  an  organization  recognised  by 

than  referring 

(15)  The Union should support the amendments to the International Life-Saving Appliance 
(LSA) Code because they promote maritime safety by revising the lowering speed of 
survival  craft  and  rescue  boats  for  passenger  ships,  by  ensuring  a  suitable  in-water 

9 
10 
11 
12 
13 
14 

OJ L 163, 25.6.2009, p. 1 
OJ L 208, 5.8.2002, p. 10 
OJ L 131, 28.5.2009, p. 114 
OJ L 172, 30.6.2012, p. 3 
OJ L 257, 28.8.2014, p. 146 
OJ L 169, 27.6.2022, p. 45 

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performance  of  lifejackets  for  the  safety  of  seafarers  and  by  increasing  safety 
standards of single fall and hook systems with on-load release hooks by removing the 
exemptions provided in paragraph 4.4.7.6.17. 

(16)  The  Union  should  support  the  amendments  to  the  International  Code  for  Fire  Safety 
Systems (FSS Code) because they will present significant benefits to the safety of life 
at  sea  by  enhancing  fire  safety  of  passenger  ships,  and  in  particular  ro-ro  passenger 
ships.  

(17)  The  Union  should  support  the  amendments  to  the  section  A-VI/1  of  the  Seafarers' 
Training,  Certification  and  Watchkeeping  (STCW)  Code  because  they  will  ensure  a 
safe  workplace  for  the  seafarers  by  including  in  Section  A-VI/1  on  “Mandatory 
minimum requirements for safety familiarization, basic training and instruction for all 
seafarers”  a  new  competence  to  “Contribute  to  the  prevention  of  and  response  to 
bullying and harassment, including sexual assault and sexual harassment”. 

(18)  The  Union's  position  is  to  be  expressed  by  the  Member  States  of  the  Union  that  are 

members of the IMO, and by the Commission, acting jointly, 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  81st  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Marine  Environment  Protection  Committee  shall  be  to 
agree to the adoption of amendments to:  

(a) 

(b) 

(c) 

article V of Protocol I of the International Convention for the Prevention of Pollution 
from Ships (MARPOL), as set out in annex to IMO document MEPC 81/3/1,  

Annex VI of MARPOL on low-flashpoint fuels and other fuel oil related issues, on 
accessibility of the data in  the IMO Ship  Fuel  Consumption Database (IMO DCS), 
and on inclusion of data on transport work and enhanced level of granularity in the 
IMO DCS, as set out in annex to IMO document MEPC 81/3/2, and  

the Ballast Water Management Convention as set out in the annex to IMO document 
MEPC 81/3. 

Article 2 

The  position  to  be  taken  on  the  Union’s  behalf  in  the  108th  session  of  the  IMO’s  Maritime 
Safety Committee shall be to agree to the adoption of amendments to:  

(a) 

(b) 

(c) 

(d) 

(e) 

chapters II-1, II-2 and V of the International Convention for the Safety of Life at Sea 
(SOLAS), 1974, as set out in annexes 1 and 2 to IMO document MSC 108/3,  

the International Code of Safety for Ships Using Gases or other Low-flashpoint Fuels 
(IGF Code), as set out in annex 3 to IMO document MSC 108/3,  

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 annex 5 to IMO 
document MSC 108/3, 

the International  Life-Saving  Appliance (LSA) Code,  as  set  out  in  annex 6 to  IMO 
document MSC 108/3,  

the International Code for Fire Safety Systems (FSS Code) as set out in annex 7 to 
IMO document MSC 108/3; and  

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(f) 

section A-VI/1 of the Seafarers' Training, Certification and  Watchkeeping (STCW) 
Code as set out in annex to IMO document MSC 108/3/2. 

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  Marine  Environment 
Protection Committee, acting jointly in the interest of the Union. 

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  Maritime  Safety 
Committee, acting jointly in the interest of the Union. 

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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