Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 34th session of the Assembly
Date: 2025-11-11
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, harbour installation, international standard, marine pollution, maritime safety, pollution from ships, safety standard, ship's passport, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 11.11.2025  COM(2025) 674 final 2025/0341 (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 34th session of the Assembly  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at the 34th session of the International Maritime Organization’s Assembly (A 34), taking place 
from 24 November to 3 December 2025. 
During its 34th, the Assembly is to adopt amendments to: 

(a)  The Code on Alerts and Indicators, 2025, 

(b)  The procedures for port State control, 2025 

(c)  The  Survey  Guidelines  under  the  Harmonized  System  of  Survey  and 

Certification (HSSC), 2025 

(d)  The  2025  non-exhaustive  list  of  obligations  under  instruments  relevant  to  the 

IMO Instruments Implementation Code (III Code). 

(e)  The  Framework  and  Procedures  for  the  IMO  Member  State  Audit  Scheme 

(IMSAS). 

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  deals  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. 

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  only  open to  States.  The European Commission’s relations with 
IMO are based today on the IMO Resolution A.1168(32) which prescribes the procedures and 
terms  for  the  cooperation  between  IMO  and  intergovernmental  organisations.  Based  on  this 
IMO  Resolution  and  further  arrangements  since  1974,  the  European  Commission  is 
participating as an observer in all the IMO Committee and Sub-Committee meetings. 

The  IMO’s  Assembly  is  the  governing  body  of  the  organisation.  It  consists  of  all  IMO 
Member States, meeting every second year and can adopt measures agreed in all of the IMO’s 
five  main  Committees.  Among  these  five  committees  are  the  Maritime  Safety  Committee 
(MSC) and Marine Environment Protection Committee (MEPC). 

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2.3. 

The envisaged acts of the IMO’s Assembly 

From  24  November  to  3  December  2025,  during  its  34th  session,  the  Assembly  is  to  adopt 
amendments to: 

(a)  The Code on Alerts and Indicators, 2025, 

(b)  The procedures for port State control, 2025 

(c)  The  Survey  Guidelines  under  the  Harmonized  System  of  Survey  and 

Certification (HSSC Survey Guidelines), 2025 

(d)  The  2025  non-exhaustive  list  of  obligations  under  instruments  relevant  to  the 

IMO Instruments Implementation Code (III Code). 

(e)  The IMO Member State Audit Scheme (IMSAS). 

According  to  the  IMO  Convention  (Article  15(j)),  the  Assembly  may  adopt  regulations  and 
guidelines  to  Members  concerning  maritime  safety,  the  prevention  and  control  of  marine 
pollution  from  ships  and  other  matters  concerning  the  effect  of  shipping  on  the  marine 
environment  assigned  to  the  Organization  by  or  under  international  instruments,  or 
amendments to such regulations and guidelines which have been referred to it, in the form of 
Resolutions.  

The above-mentioned Resolutions that are to be be adopted supplement and support the IMO 
Conventions, are capable of decisively influencing the content of EU legislation and several 
of them are incorporated in the EU legislation.  

Their overall purpose is to promote maritime safety, environmental protection, and consistent 
global  implementation  of  IMO  standards  by  harmonizing  technical  requirements,  inspection 
and  survey  procedures,  and  oversight  of  Member  States’  compliance.  They  are  regularly 
reviewed  and  updated  to  incorporate  new  technologies,  regulatory  developments,  and 
experience  gained  from  their  practical  application,  ensuring  their  continued  relevance  and 
effectiveness. 

More precisely:  

(a)  The purpose of the envisaged amendments to the Code on Alerts and Indicators 
is  to  further  update  the  provisions  of  the  Code,  thereby  ensuring  compliance 
with  the  requirements  of  the  IMO  instruments  that  have  been  adopted  and/or 
amended  since  the  Code  was  adopted  and,  thus,  to  eliminate  contradictions, 
ambiguities and unnecessary redundancies. 

(b)  The  purpose  of  the  envisaged  amendments  to  the  procedures  for  port  State 
control  is  to  enhance  maritime  safety  and  security,  and  prevention  of  marine 
pollution  and  to  update  the  Procedures  to  take  account  of  the  amendments  to 
IMO instruments which have entered into force or have become effective since 
2023  when  IMO  Assembly  33  adopted  resolution  A.1185(33)  on  Procedures 
for port State control, 2023. 

(c)  The  purpose  of  the  envisaged  amendments  to  the  Guidelines  under  the 
harmonized system of survey and certification is to further revise them to take 
into account the amendments to the IMO instruments which have entered into 
force  or  become  effective  since  2023  when  IMO  Assembly  33  adopted 
resolution A.1186(33) on the Survey Guidelines under the Harmonized System 
of Survey and Certification (HSSC), 2023. 

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(d)  The  purpose  of  the  envisaged  amendments  to  the  2025  non-exhaustive  list  of 
obligations under instruments relevant to the III Code to further revise them to 
take  account  of  the  amendments  to  the  IMO  instruments  relevant  to  the  III 
Code which have entered into force or become effective since 2023 when IMO 
Assembly  33  adopted  resolution  A.1187(33)  on  the  2023  Non-exhaustive  list 
of obligations under instruments relevant to the III Code. 

(e)  The  purpose  of  the  envisaged  amendments  to  the  Framework  and  Procedures 
for the IMO Member State Audit Scheme (IMSAS) is to improve the capacity 
of  Member  States  to  meet  their  obligations  under  the  mandatory  IMO 
instruments  to  which  they  are  a  Party,  and  to  foster  greater  transparency, 
accountability, and cooperation among Member States. 

3. 

3.1. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Adoption  of  the  draft Code  on  Alerts  and  Indicators,  2025,  and  the  associated 
draft Assembly resolution, and revoking existing resolution A.1021(26) on Code 
on Alerts and Indicators, 2009 

The Code on Alerts and Indicators, 2009, is intended to provide general design guidance and 
to promote uniformity of type, location and priority for alerts and indicators required by the 
SOLAS  Convention,  which  is  applied  to  passenger  ships  engaged  on  domestic  voyages 
through Directive 2009/45/EC on safety rules and standards for passenger ships. 

IMO’s Maritime Safety Committee, in its 108th session (MSC 108) has assigned to the Sub-
Committee on Ship Design and Construction (SDC) to undertake the work on the "Review of 
the 2009 Code on Alerts and Indicators".  

SDC  11  noted  the  importance  to  ensure  that  the  amendments  to  the  Code  on  Alerts  and 
Indicators were consistent and harmonized with the latest versions of the conventions, codes 
and resolutions, which established requirements for visual and auditory alerts to guarantee the 
safety of operations on board. SDC 11 established the Working Group on Review of the 2009 
Code on Alerts and Indicators and instructed it to develop further the draft amendments to the 
2009 Code on Alerts and Indicators, with a view to finalization, together with the associated 
draft Assembly resolution.  

SDC 11 approved the report of the Working Group on Review of the 2009 Code on Alerts and 
Indicators and agreed to the draft 2025 Code on Alerts and Indicators, and the associated draft 
Assembly  resolution,  with  a  view  to  concurrent  approval  by  MEPC  83  and  MSC  110,  and 
subsequent adoption by A 34. The Union’s position at SDC 11 was to support that the draft 
amendments  to  the  2009  Code  on  Alerts  and  Indicators  should  be  considered  within  a 
working group. 
The  Marine  Environment  Protection  Committee  (MEPC),  in  its  83rd  session,  approved, 
subject to a concurrent decision by MSC 110, the draft Code on Alerts and Indicators, 2025, 
and the associated draft Assembly resolution, as set out in annex 14, with a view to adoption 
by A 34. The Union’s position at MEPC 83 was to support the approval of the draft Code on 
Alerts and Indicators, 2025 and its associated draft Assembly resolution. 

MSC 110 concurred with the decision of MEPC 83 in approving the draft Code on Alerts and 
Indicators, 2025 for adoption by A 34. In approving the draft Code, the Committee invited the 
Assembly to revoke existing resolution A.1021(26) on Code on Alerts and Indicators, 2009. 
The Union position at MSC 110 was to support the approval of the draft Code on Alerts and 
Indicators, 2025 and its associated draft Assembly resolution. 

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The  draft  Code  on  Alerts  and  Indicators,  2025  and  its  associated  draft  Assembly  resolution 
was  approved  by  MSC  110  for  adoption  by  A34,  according  to  the  report  of  MSC  to  A34 
(IMO document A 34/12 of 1 September 2025).  

The Union’s position should therefore be to support the draft Code on Alerts and Indicators, 
2025, and its associated draft Assembly resolution as this review will ensure compliance with 
the  requirements  of  the  IMO  instruments  that  have  been  adopted  and/or  amended  since  the 
Code  was  adopted  and,  thus,  to  eliminate  contradictions,  ambiguities  and  unnecessary 
redundancies. 

3.2. 

Adoption of the procedures for port State control, 2025 and the associated draft 
Assembly resolution 

The Procedures for port States control are intended to provide basic guidance on the conduct 
of port State control inspections in support of the control provisions of relevant conventions 
and parts of the IMO Instruments Implementation Code (III Code) and afford consistency in 
the conduct of these inspections, the recognition of deficiencies of a ship, its equipment, or its 
crew, and the application of control procedures. 
The  Sub-Committee  on  Implementation  of  IMO  Instruments  (III)  in  its  10th  session,  had 
agreed to the draft amendments to the Procedures for PSC, 2023 to be finalised at III 11, with 
a view to  submission  to  A 34, for adoption.  III 10 also  had established the Correspondence 
Group  on  Measures  to  Harmonize  Port  State  Control  (PSC)  Activities  and  Procedures 
Worldwide,  under  the  coordination  of  the  European  Commission,  to  continue  working  on 
amending  the  Procedures  for  PSC,  2023.  The  Union’s  position  at  III  10  was  to  support  the 
report  of  the  Correspondence  Group  on  Measures  to  Harmonize  Port  State  Control  (PSC) 
Activities and Procedures Worldwide and support the establishment of the Working Group on 
PSC matters to consider the outstanding work emanating from the latter report. 

III  11  considered  among  other  the  report  of  the  Correspondence  Group  and  established  the 
Working  Group  on  Measures  to  Harmonize  Port  State  Control  Activities  and  Procedures 
Worldwide  for  further  consideration  of  the  report  with  the  aim  to  finalize,  as  a  matter  of 
priority,  the  proposed  draft  amendments  to  the  Procedures  for  PSC,  2023,  with  a  view  to 
submission, in a consolidated form, to A 34 for adoption. The Union’s position at III 11 was 
to support in general, the report of the Correspondence Group on Measures to Harmonize Port 
State Control (PSC) Activities and Procedures Worldwide. 

III 11 agreed to the draft Assembly resolution on Procedures for Port State Control, 2025, to 
be adopted by A 34.  

MSC 109 and MEPC 83 had authorized III 11 to report the outcome of its work on matters 
that would require the adoption of the draft Assembly resolution on Procedures for Port State 
Control, 2025 directly to A 34. 

The draft Assembly resolution on Procedures for Port State Control, 2025 was put forward for 
adoption  by  A  34,  according  to  the  report  of  MSC  to  A34  (IMO  document  A  34/12  of  1 
September 2025).  

The Union’s position  therefore  should be to  support the adoption of the  procedures for port 
State  control,  2025  and  the  associated  draft  Assembly  resolution  as  they  will  enhance 
maritime  safety  and  security  and  prevention  of  marine  pollution,  and  the  update  will  take 
account the amendments to IMO instruments which have entered into force or have become 
effective since 2023. 

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3.3. 

Amendments to the Survey Guidelines under the Harmonized System of Survey 
and Certification (HSSC Survey Guidelines), 2025 

The Harmonized System of Survey and Certification (HSSC Survey Guidelines) is a unified 
system  for  ship  surveys  and  certification  under  IMO  conventions.  The  HSSC  Survey 
Guidelines  are  mandatory  requirements  that  ROs  follow  when  conducting  statutory  surveys 
and inspections. 

The Sub-Committee on Flag State Implementation, the predecessor of the III, agreed to revise 
the  HSSC  Survey  Guidelines  on  a  continuous  basis.  The  Survey  Guidelines  are  therefore 
updated at every session of the IMO Assembly. 

III  9  had  established  a  Correspondence  Group  on  Survey  Guidelines  under  the  HSSC,  the 
Non-exhaustive  list  of  obligations,  and  the  Guidance  on  Remote  Surveys,  Audits  and 
Verifications to consider further amendments to the HSSC Guidelines.  

III  10  had  agreed  that  the  draft  amendments  to  the  Survey  Guidelines  needed  to  be  further 
developed  to  include  the  requirements  deriving  from  amendments  to  relevant  IMO 
instruments  entering  into  force  up  to  and  including  31  December  2025,  taking  into  account 
outcomes  of  MSC  108,  MEPC  81  and  future  sessions  of  MSC  and  MEPC,  as  appropriate, 
with  a  view  to  submission  of  draft  amendments  to  III  11  for  finalization,  prior  to  potential 
direct  submission  in  the  consolidated form  to  A  34 for adoption, subject  to  approval  by the 
Committees. The Union’s position at III 10 was to support that the draft amendments to the 
2023 HSSC Guidelines, deriving from the amendments to mandatory instruments due to enter 
into force up to and including 31 December 2025, are considered by the Working Group on 
Survey Guidelines under the HSSC. 

III  10  had  re-established  the  above-mentioned  Correspondence  Group  to  further  develop 
amendments to the Survey Guidelines, with a view to have a consolidated version by III 11.  

III  11  considered  among  other  the  report  of  the  Correspondence  Group  and  established  the 
Working  Group  on  Survey  Guidelines  under  the  HSSC,  the  Non-exhaustive  List  of 
Obligations,  and  the  Guidance  on  Remote  Surveys,  Audits  and  Verifications  to  finalize  the 
proposed draft amendments to the Survey Guidelines under the HSSC, 2023, for finalization 
at this session with a view to submission, in a consolidated form, to A 34 for adoption. The 
Union’s  position  in  III  11  was  to  support  that  the  proposed  amendments  are  referred  to  the 
working group for review and finalisation during the session. 

III 11 agreed to the draft amendments to the HSSC Survey Guidelines to be adopted by A 34. 

MSC 109 and MEPC 83 had authorized III 11 to report the outcome of its work on matters 
that  would  require  the  adoption  of  the  draft  Assembly  resolution  on  the  HSSC  Survey 
Guidelines directly to A 34. 

The draft Assembly resolution on the HSSC Survey Guidelines was put forward for adoption 
by  A  34,  according  to  the  report  of  MSC  to  A34  (IMO  document  A  34/12  of  1  September 
2025).  

The  Union’s  position therefore  should  be  to  support  the  adoption  of  the amendments  to  the 
HSSC  Survey  Guidelines  because  the  update  will  take  into  account  the  amendments  to  the 
IMO instruments which have entered into force or become effective since 2023. 

3.4. 

Amendments  to  the  non-exhaustive  list  of  obligations  under  instruments 
relevant to the IMO Instruments Implementation Code (III Code) 

As  guidance  on  the  implementation  and  enforcement  of  IMO  instruments,  in  particular 
concerning  the  identification  of  auditable  areas  relevant  to  the  IMO  Member  State  Audit 

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Scheme, the IMO has been developing a non-exhaustive list of obligations under instruments 
relevant to the IMO Instruments Implementation Code (III Code). The latest revision of this 
list was in 2023 as annex to Resolution A.1187(33) adopted by A 33. Since then, both MSC 
and MEPC adopted additional legislative provisions. 

III 9 had established the Correspondence Group on the Survey Guidelines under the HSSC, 
the  Non-exhaustive  List  of  Obligations,  and  the  Guidance  on  Remote  Surveys,  Audits  and 
Verifications, to, inter alia, continue to develop the draft amendments to the Non-exhaustive 
list  of  obligations  deriving  from  those  amendments  to  the  relevant  IMO  instruments  which 
will  enter  into  force  up  to  and  including  1  July  2026,  with  a  view  to  submission  of  draft 
amendments to the Non-exhaustive list, as finalized in a consolidated form, for adoption at A 
34.  

III 10, due to time constraints, was unable to complete the update of the Non-exhaustive list. 
Therefore, III 10 agreed to continue the work in the above-mentioned Correspondence Group, 
with a view to finalise the update of the Non-exhaustive list. The Union’s position at III 10 
was  to  support  the  report  of  the  correspondence  group  as  a  basis  to  update  the  2023  Non-
exhaustive list of obligations under instruments relevant to the III Code. 

III  11  considered  among  other  the  report  of  the  Correspondence  Group  and  referred  the 
document to the Working Group on Survey Guidelines under the HSSC, the Non-exhaustive 
List of Obligations, and the Guidance on Remote Surveys, Audits and Verifications to finalize 
the proposed draft amendments to the Non-exhaustive list. The Union’s position in III 11 was 
to  support  that  the  proposed  amendments  are  referred  to  the  working  group  for  review  and 
finalisation during the session. 

III 11 agreed to the draft amendments to the Non-exhaustive list to be adopted by A 34. 

MSC 109 and MEPC 83 had authorized III 11 to report the outcome of its work on matters 
that would require the adoption of the draft Assembly resolution on the non-exhaustive list of 
obligations under instruments relevant to the III Code directly to A 34. 

The  draft  Assembly  resolution  on  the  non-exhaustive  list  of  obligations  under  instruments 
relevant to the III Code was put forward for adoption by A 34, according to the report of MSC 
to A34 (IMO document A 34/12 of 1 September 2025).  

The  Union’s  position  should  be  to  support  amendments  to  the  non-exhaustive  list  of 
obligations  under  instruments  relevant  to  the  III  Code  because  the  update  will  take  account 
the  amendments  to  the  IMO  instruments  relevant  to  the  III  Code  which  have  entered  into 
force or become effective since 2023. 

3.5. 

The  Framework  and  Procedures  for  the  IMO  Member  State  Audit  Scheme 
(IMSAS) 

The Framework and Procedures for the IMO Member State Audit Scheme assess the extent to 
which  Member  States  give  full  and  complete  effect  to  their  obligations  and  responsibilities 
contained in IMO instruments and aim to promote consistent and effective implementation of 
those  instruments.  The  IMO  Council  during  its  134th  session  (C  134)  noted  the  information 
reporting  on  the  progress  in  the  implementation  of  the  IMO  Member  State  Audit  Scheme 
(IMSAS) and the report from  the ninth session of the Joint Working Group on the Member 
State Audit Scheme (JWGMSA 9). The 134th Council approved this report and approved the 
draft  Assembly  resolution  on  the  revised  Framework  and  Procedures  for  the  IMO  Member 
State  Audit  Scheme  and  its  annex,  with  a  view  to  submission  to  the  34th  Assembly  for 
adoption. 

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The  Union’s  position  should  be  to  support  the  revised  Framework  and  Procedures  for  the 
IMO Member State Audit Scheme because it will improve the capacity of Member States to 
meet their obligations under the mandatory IMO instruments to which they are a Party, and 
foster greater transparency, accountability, and cooperation among Member States. 

4. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

4.1. 

Relevant EU legislation 

4.1.1.  Adoption of the draft Code on Alerts and Indicators, 2025, and the associated draft 
Assembly resolution, and revoking existing resolution A.1021(26) on Code on Alerts 
and Indicators, 2009 

The  Code  on  Alerts  and  Indicators,  2009  (Resolution  A.1021(26)),  is  intended  to  provide 
general design guidance and to promote uniformity of type, location and priority for alerts and 
indicators required by the SOLAS Convention. Article 6(2)(a)(i) of Directive 2009/45/EC on 
safety  rules  and  standards  for  passenger  ships1  applies  SOLAS,  as  amended,  to  Class  A 
passenger ships. Therefore, the amendments to the Code will affect the rules under Directive 
2009/45/EC. 

4.1.2.  Adoption  of  the  procedures  for  port  State  control,  2025  and  the  associated  draft 

Assembly resolution 

Directive 2009/16/EC on port State control (PSC)2, as amended, concerns the enforcement of 
international standards for ship safety, pollution prevention and shipboard living and working 
conditions in respect of ships visiting EU ports and sailing in the waters under the jurisdiction 
of the Member States. The objective of the PSC Directive is to reduce substandard shipping in 
the  waters  under  the  jurisdiction  of  the  EU  Member  States  on  the  basis  of  the  guidelines 
approved by the Paris MoU.  

Therefore, the development of IMO PSC procedures should be coherent with those approved 
by  the  Paris  MoU,  so  they  may  influence  them,  and  therefore  may  affect  the  rules  and 
implementation of Directive 2009/16/EC. 

4.1.3.  Amendments  to  the Survey Guidelines under the  Harmonized System of  Survey and 

Certification (HSSC), 2025 

Regulation (EC) No 391/2009 on common rules and standards for ship inspection and survey 
organisations3. It creates a system of licensing (recognition), which is subject to a number of 
criteria and obligations to ensure that a recognised organisation applies the same standards to 
all ships in its register, irrespective of the flag the ships fly. 

Annex I, criterion B7(k) of that Regulation states:  

"7. The recognised organisation must ensure that:  

(k)  the  statutory  surveys  and  inspections  required  by  the  harmonised  system  of  survey  and 
certification for which the recognised organisation is authorised are carried out in accordance 
with  the  provision  set  out  in  the  Annex  and  Appendix  to  IMO  Resolution  A.948(23)  on 
survey guidelines under the harmonised system of survey and certification." (This should be 
taken to refer to the up-to-date version of the Survey Guidelines under the HSSC.) 

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OJ L 163, 25.6.2009, pp. 1 
OJ L 131 28.5.2009, p. 57 
OJ L 131, 28.5.2009, p. 11 

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Therefore,  the  revision  of  Survey  Guidelines  under  the  Harmonized  System  of  Survey  and 
Certification,  2021  will  affect  the  requirements  applicable  under  Regulation  (EC)  No 
391/2009. 

4.1.4.  Amendments  to the non-exhaustive list  of  obligations under instruments  relevant  to 

the IMO Instruments Implementation Code (III Code) 

Directive  2009/21/EC  on  compliance  with  flag  State  requirements4  aims  to  ensure  that  EU 
Member States respect their obligations as flag States and meet the requirements incumbent 
on  a  flag  State  under  International  Conventions  to  which  they  are  a  party.  Within  the 
Directive,  two  mechanisms  have  been  established  which  aim  to  supervise  the  flag  State 
performance:  an  audit  procedure  led  by  the  IMO  (Article  7)  and  an  internal  quality 
management system (Article 8).  

In  addition,  the  III  Code  is  mandatory  for  EU  Member  States  in  accordance  with  the 
definition of ‘international conventions’ in Regulation (EC) No 391/2009, as amended. 

Therefore,  the  amendments  to  the  non-exhaustive  list  of  obligations  under  instruments 
relevant  to  the  III  Code  will  affect  the  requirements  applicable  under  Directive  2009/21/EC 
and Regulation (EC) No 391/2009. 

4.1.5.  Amendments  to  the  Framework  and  Procedures  for  the  IMO  Member  State  Audit 

Scheme (IMSAS) 

Directive  2009/21/EC  on  compliance  with  flag  State  requirements  aims  to  ensure  that  EU 
Member States respect their obligations as flag States and  meet the requirements incumbent 
on a flag State under International Conventions to which they are a party. In its Article 7, the 
Directive stipulates that Member States shall take the necessary measures for an IMO audit of 
their  administration  in  accordance  with  the  cycle  adopted  by  the  IMO. Therefore,  the 
amendments to the Framework and Procedures for the IMO Member State Audit Scheme will 
affect the requirements applicable under Directive 2009/21/EC. 

5. 

LEGAL BASIS 

5.1. 

Procedural legal basis 

5.1.1.  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 agreement5. 

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 

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OJ L 131, 28.5.2009, p. 132 
Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

8 

  EN 

 
 
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’6. 

5.1.2.  Application to the present case 

The IMO’s Assembly is a body set up by an agreement, the Convention on the International 
Maritime Organization. 

The acts which the 34th Assembly is called upon to adopt constitute acts having legal effects 
as they are capable of decisively influencing the content of EU legislation, namely:  

– 

– 

– 

– 

Directive  2009/45/EC  on  safety  rules  and  standards  for  passenger  ships.  This  is 
because  Article  6(2)(a)(i)  of  the  Directive  applies  SOLAS  on  passenger  ships  in 
domestic voyages and the Code on Alerts and Indicators, 2009, is intended to provide 
general design guidance and to promote uniformity of type, location and priority for 
alerts and indicators required by the SOLAS Convention.  

Directive 2009/16/EC  on port State  control (PSC). This  is  because the  objective of 
the  PSC  Directive  is  to  reduce  substandard  shipping  in  the  waters  under  the 
jurisdiction of the EU Member States on the basis of the guidelines approved by the 
Paris  MoU  and  the  development  of  IMO  PSC  procedures  should  be  coherent  with 
those approved by the Paris MoU. 

Regulation  (EC)  No  391/2009  on  common  rules  and  standards  for  ship  inspection 
and  survey  organisations.  This  is  because  it  requires  a  recognised  organisation  to 
ensure that the statutory surveys and inspections are carried out in  accordance with 
the  survey  guidelines  under  the  harmonised  system  of  survey  and  certification 
adopted  by  the  IMO.  The  III  Code  is  also  mandatory  for  EU  Member  States  in 
accordance with the definition of ‘international conventions’. 

Directive  2009/21/EC  on  compliance  with  flag  State  requirements.  This  is  because 
the  non-exhaustive  list  is  a  supporting  tool  for  the  implementation  of  the  IMO 
Member  State  Audit  Scheme  (IMSAS),  which  is  included  in  the  abovementioned 
Directive.  

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. 

5.2. 

Substantive legal basis 

5.2.1.  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. 

5.2.2.  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. 

6 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

EN 

9 

  EN 

 
5.3. 

Conclusion 

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

EN 

10 

  EN 

2025/0341 (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 34th session of the Assembly 

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 15(j) of the Agreement, the Assembly may adopt regulations and 
guidelines  to  Members  concerning  maritime  safety,  the  prevention  and  control  of 
marine pollution from ships and other matters concerning the effect of shipping on the 
marine  environment  assigned  to  the  Organization  by  or  under  international 
instruments,  or  amendments  to  such  regulations  and  guidelines  which  have  been 
referred to it.  

The IMO’s Assembly, during its 34th session from 24 November to 3 December 2025 
is  to  adopt  amendments  to  the  Code  on  Alerts  and  Indicators,  to  the  procedures  for 
port State control, to the Survey Guidelines under the Harmonized System of Survey 
and Certification (HSSC), to the non-exhaustive list of obligations under instruments 
relevant  to  the  IMO  Instruments  Implementation  Code  (III  Code)  and  to  the 
Framework and Procedures for the IMO Member State Audit Scheme (IMSAS).  

It is appropriate to establish the position to be taken on the Union’s behalf during the 
34th  session  of  the  IMO’s  Assembly,  as  the  abovementioned  amendments  will  be 
capable  of  decisively  influencing  the  contents  of  Union  law,  namely  Directive 
2009/45/EC on safety rules and standards for passenger ships7, Directive 2009/16/EC 
on  port  State  control  (PSC)8,  Regulation  (EC)  No  391/2009  on  common  rules  and 
standards for ship inspection and survey organisations9 and Directive 2009/21/EC on 
compliance with flag State requirements10. 

7 
8 
9 
10 

OJ L 163, 25.6.2009, pp. 1 
OJ L 131 28.5.2009, p. 57 
OJ L 131, 28.5.2009, p. 11 
OJ L 131, 28.5.2009, p. 132 

EN 

11 

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(6) 

(7) 

(8) 

(9) 

The  Union  should  support  the  draft  Code  on  Alerts  and  Indicators,  2025  and  its 
associated  draft  Assembly  resolution  as  this  review  will  ensure  compliance  with  the 
requirements of the IMO instruments that have been adopted and/or amended since the 
Code was adopted and, thus, to eliminate contradictions, ambiguities and unnecessary 
redundancies. 

The Union should support the adoption of the procedures for port State control, 2025 
and  the  associated  draft  Assembly  resolution,  as it  will  enhance  maritime  safety  and 
security,  and  prevention  of  marine  pollution  and  the  update  will  take  account  the 
amendments  to  IMO  instruments  which  have  entered  into  force  or  have  become 
effective since 2023. 

The  Union’s  position  should  be  to  support  the  adoption  of  the  amendments  to  the 
HSSC Survey Guidelines because the update will take into account the amendments to 
the IMO instruments which have entered into force or become effective since 2023. 

The Union’s  position should  be to  support  amendments to  the non-exhaustive list  of 
obligations  under  instruments  relevant  to  the  III  Code  because  the  update  will  take 
account the amendments to the IMO instruments relevant to the III Code which have 
entered into force or become effective since 2023. 

(10)  The  Union  should  support  the  revised  Framework  and  Procedures  for  the  IMO 
Member State Audit Scheme because it will improve the capacity of Member States to 
meet their obligations under the mandatory IMO instruments to which they are a Party, 
and  to  foster  greater  transparency,  accountability,  and  cooperation  among  Member 
States. 

(11)  The Union's position is to be expressed by the Commission and by the Member States 
of the Union as members of the IMO, acting jointly, in the interest of the Union. 

HAS ADOPTED THIS DECISION: 

Article 1 
The position to be taken on the Union's behalf in the 34th session of the International Maritime 
Organization’s  Assembly  shall  be  to  agree  to  the  adoption  of  amendments  to  the  Code  on 
Alerts and Indicators, to the procedures for port State control, to the Survey Guidelines under 
the  Harmonized  System  of  Survey  and  Certification  (HSSC),  to  the  non-exhaustive  list  of 
obligations  under  instruments  relevant  to  the  IMO  Instruments  Implementation  Code  (III 
Code)  and  to  the  Framework  and  Procedures  for  the  IMO  Member  State  Audit  Scheme 
(IMSAS). 

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 Assembly, acting jointly in the 
interest of the Union. 

Article 2 

EN 

12 

  EN 

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

Done at Brussels, 

Article 3 

For the Council 
The President 

EN 

13 

  EN