Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the 84th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) and during the 111th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code), the International Code of Safety for High-speed Craft, 2000 (2000 HSC 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 Code (LSA Code), and to the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (1988 Load Lines Protocol)
Date: 2026-03-19
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, greenhouse gas, international convention, maritime safety, pollution from ships, protocol to an agreement, reduction of gas emissions, revision of an agreement, safety standard, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 19.3.2026  COM(2026) 127 final 2026/0073 (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 84th session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) and during the 111th session of the Maritime Safety Committee on the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code), the International Code of Safety for High-speed Craft, 2000 (2000 HSC 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 Code (LSA Code), and to the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (1988 Load Lines Protocol)  
 
1. 

SUBJECT MATTER OF THE PROPOSAL 

EXPLANATORY MEMORANDUM 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  84th  session  of  the  International  Maritime  Organization’s  Marine  Protection 
Environment Committee (MEPC 84), scheduled to take place from 27 April to 1 May 2026 
and  at  the  111th  session  of  the  International  Maritime  Organization’s  Maritime  Safety 
Committee (MSC 111), scheduled to take place from 13 to 22 May 2026.  
During  its  84th  session,  MEPC  is  envisaged  to  adopt  amendments  to  Annex  VI  to  the 
International Convention for the Prevention of Pollution from Ships (MARPOL). 
During its 111th session, MSC is envisaged to adopt amendments to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

2. 

2.1. 

chapters IV and V and the appendix (Certificates) of the International Convention for 
the Safety of Life at Sea (SOLAS), 1974,  

the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code),  

the International Code of Safety for High-speed Craft, 2000 (2000 HSC 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 Code (LSA Code),  

Annex  B  to  the  Protocol  of  1988  relating  to  the  International  Convention  on  Load 
Lines, 1966 (1988 Load Lines Protocol). 

CONTEXT OF THE PROPOSAL 

The  Convention  on  the  International  Maritime  Organization,  the  MARPOL 
Convention and the SOLAS Convention 

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. 

The  International  Convention  for  the  Prevention  of  Pollution  from  Ships  was  concluded  in 
1973 (MARPOL Convention) is an IMO Convention, which entered into force on 2 October 
1983. All Member States are parties to MARPOL and 25 Member States are also parties to 
Annex VI1, 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. 

1 

Austria and Hungary have not yet ratified Annex VI of MARPOL. 

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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  only  open to  States.  All  EU Member States  are members of the 
IMO.  While  the  EU  is  not  a  member,  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. 

IMO’s Marine Environment Protection Committee (MEPC) 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. 

Pursuant  to  Article  38(a)  of  the  IMO  Convention,  the  Marine  Environment  Protection 
Committee performs 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 Marine 
Environment Protection Committee, and of its subsidiary bodies, are adopted by a majority of 
their Members.  

MEPC 84 will adopt  amendments to  MARPOL in accordance  with  article 16 paragraph (2) 
subpoints (b), (c) and (d) of the Convention.  

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. 

Pursuant  to  Article  28(b)  of  the  IMO  Convention,  IMO’s  Maritime  Safety  Committee 
provides 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 of their subsidiary bodies, are adopted by a 
majority of their Members.  

MSC  111  will  adopt  amendments  in  accordance  with  article  VIII(b)(iv)  of  the  SOLAS 
Convention and article VI(2)(d) of the 1988 Load Lines Protocol.  

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

2.3. 
During its 84th session, MEPC is to adopt amendments to Annex VI of MARPOL concerning 
the: 

– 

– 

designation  of  the  North-East  Atlantic  as  a  new  Emission  Control  Area  (ECA) 
(regulations 13 and 14 and Appendix VII of MARPOL Annex VI);  

accessibility  of  the  IMO  Ship  Fuel  Oil  Consumption  Database  (IMO  DCS)  and 
review clause of the short-term GHG reduction measure (regulations 20, 25, 27 and 
28). 

These  amendments  were  expected  to  be  adopted  during  the  second  extraordinary  session  of 
MEPC that took place between 14 to 17 October 2025.  

In  preparation  of  the  MEPC/ES.2,  the  Council  of  the  European  Union  adopted  Council 
Decision 2025/2093 of 10 October 2025 on the position to be taken on behalf of the European 
Union  within  the  International  Maritime  Organization’s  Marine  Environment  Protection 
Committee at its second extraordinary session as regards the adoption of amendments to the 
International Convention for the Prevention of Pollution from Ships (MARPOL) (2). 

According to the Council Decision 2025/2093, the position of the Union at MEPC/ES.2 was 
to agree to the adoption of: 

(a) 

(b) 

(c) 

the  amendments  to  regulations  13  and  14  and  Appendix  VII  of  Annex  VI  to 
MARPOL concerning the designation of the North-East Atlantic as a new Emission 
Control Area (ECA), 

the  amendments  to  regulations  20,  25,  27  and  28  of  Annex  VI  of  MARPOL 
concerning the accessibility of the IMO Ship Fuel Oil Consumption Database (IMO 
DCS), and 

the introduction of the new chapter 5 of Annex VI to MARPOL concerning the IMO 
Net-Zero Framework. 

As the meeting of the MEPC/ES.2 was adjourned for one year, the IMO has transmitted the 
above-mentioned amendments to MARPOL Annex VI under point (a) and (b) to MEPC for 
adoption at its 84th session. For this purpose, this proposal is put forward.  

In parallel, the adoption of the new chapter 5 of Annex VI to MARPOL concerning the IMO 
Net-Zero Framework under point (c) was postponed along with MEPC/ES.2. 

The envisaged act of the IMO’s Maritime Safety Committee  

2.4. 
During its 111th session, MSC is to adopt amendments to: 

(a) 

(b) 

(c) 

(d) 

chapters IV and V and the appendix (Certificates) of the International Convention for 
the Safety of Life at Sea (SOLAS), 1974,  

the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code),  

the International Code of Safety for High-speed Craft, 2000 (2000 HSC Code),  

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

2 

OJ L, 2025/2093, 16.10.2025, ELI: http://data.europa.eu/eli/dec/2025/2093/oj  

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(e) 

(f) 

the International Life-Saving Appliance Code (LSA Code),  

Annex  B  to  the  Protocol  of  1988  relating  to  the  International  Convention  on  Load 
Lines, 1966 (1988 Load Lines Protocol). 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF IN MEPC 84  

3.1. 

Amendments to regulations 13 and 14 and Appendix VII of MARPOL Annex VI  

The  EU  Member  States  and  the  European  Commission,  together  with  the  UK,  Iceland, 
Denmark  (Greenland),  Faroes  Islands  submitted  a  document  to  MEPC  83,  proposing  to 
designate  the  North-East  Atlantic  Ocean  as  an  Emission  Control  Area  for  sulphur  oxides, 
particulate matter and nitrogen oxides, pursuant to MARPOL Annex VI. The Commission has 
been  actively  taking  part  to  the  preparatory  work  together  with  the  littoral  states  under  the 
coordination of the delegation of Portugal.  

The  Technical  Group  on  the  Designation  of  Particular  Sensitive  Sea  Areas  (PSSAs)  and 
Special Areas had determined that the proposed ECA satisfied the criteria set forth in Section 
3 of Appendix III to MARPOL Annex VI. Having noted the outcome of the technical group, 
MEPC 83 approved the designation of an ECA for the control of SOx, PM and NOx, for the 
North-East  Atlantic  Ocean  with  a  view  to  adoption  at  the  next  MEPC  session.  These 
amendments  have  been  circulated  by  the  IMO  Secretariat  through  IMO  Circular  Letter 
No.5085 of 24 October 2025. 

The Union should support the proposal set out in the revised draft amendments to designate 
the  North-East  Atlantic  Ocean  as  an  Emission  Control  Area  for  sulphur  oxides,  particulate 
matter  and  nitrogen  oxides,  pursuant  to  MARPOL  Annex  VI,  because  it  will  contribute  to 
preventing,  reducing,  and  controlling  NOx,  SOx  and  PM  emissions  from  ships  to  achieve 
related health and environmental benefits while keeping the economic impact to the maritime 
sector manageable.  

3.2. 

Amendments to regulations 20, 25, 27 and 28 of MARPOL Annex VI 

MEPC 82 had established the Correspondence Group on the  review of the short-term GHG 
reduction  measure,  under  the  joint  coordination  of  Brazil,  Japan  and  the  European 
Commission.  

At its first meeting, the Intersessional Working Group on Air Pollution and Energy Efficiency 
(ISWG-APEE  1)  considered  among  other  topics  the  accessibility  of  IMO  Ship  Fuel  Oil 
Consumption Database (IMO DCS) data for analysis and the review clause of the short-term 
GHG reduction measure.  

With regard to the accessibility of IMO DCS data, ISWG-APEE 1 considered the report of the 
Correspondence  Group,  which  had  agreed  to  improve  the  IMO  DCS  data  accessibility  at 
Phase 1. Following considerations, the Group prepared draft amendments to regulation 27 of 
MARPOL Annex VI.  

MEPC 83 instructed the APEE Working Group among others to finalize draft amendments to 
MARPOL Annex VI and associated guidelines regarding IMO DCS accessibility. 

Having  noted  that  the  Working  Group  had  further  considered  the  draft  amendments  to 
regulation  27  of  MARPOL  Annex  VI  and  to  associated  guidelines  regarding  IMO  DCS 
accessibility prepared by ISWG-APEE 1, MEPC 83 approved draft amendments to regulation 
27  of  MARPOL  Annex  VI  on  IMO  DCS  accessibility,  with  a  view  to  adoption  at  the  next 
MEPC session. These amendments have been circulated by the IMO Secretariat through IMO 
Circular Letter No.5005 of 11 April 2025. 

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The Union submitted a proposal on the matter (ISWG-GHG 13/7), asking to amend the DCS 
related to the granularity of data, additional data and accessibility.  The draft amendments are 
coherent with ISWG-GHG 13/7 in relation to increased accessibility. 

The Union’s position at ISWG-APEE 1 and MEPC 83 was to support the draft amendments to 
regulation 27. 

The  Union  should  support  these  amendments  because  they  will  further  improve  the 
accessibility of IMO DCS data to ensure the robust implementation of the CII framework and 
to facilitate its review. 

With regard to the clauses on the review of the short-term measure, ISWG-APEE 1 prepared 
draft  amendments  to  regulations  20,  25  and  28  of  MARPOL  Annex  VI,  using  the  annex  to 
document  MEPC  83/6/11,  prepared  by  the  Correspondence  Group  on  an  update  of  the 
reference to the IMO Strategy and on the Review of the Short-term GHG Reduction Measure, 
as a basis. 

MEPC 83 approved the draft amendments to regulations 20, 25 and 28 of MARPOL Annex 
VI  with  a  view  to  adoption  at  the  next  MEPC  session.  These  amendments  have  been 
circulated by the IMO Secretariat through IMO Circular Letter No.5085 of 24 October 2025. 

The Union’s position at ISWG-APEE 1 and MEPC 83 was to support the draft amendments 
as presented in MEPC 83/6/11. 

The Union should support these amendments because they are consequential to the adoption 
of  the  2023  GHG  IMO  Strategy  and  consequential  to  the  finalization  of  the  review  of  the 
Short Term Measures by the IMO and allows for further review of these regulations. 

4. 

4.1. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF IN MSC 111  

Amendments  to  chapters  IV  and  V  and  the  appendix  (Certificates)  of  SOLAS  and 
amendments to the 1994 HSC Code & the 2000 HSC Code 

MSC 103 had assigned the Sub-Committee on Navigation, Communications and Search and 
Rescue (NCSR) the work on the development of amendments to SOLAS chapters IV and V 
and  performance  standards  and  guidelines  to  introduce  Very  High  Frequency  (VHF)  data 
exchange system (VDES).  

NCSR  10  started  discussing  this  work  by  considering  whether  the  Sub-Committee  should 
consider  the  introduction  of  VDES  under  SOLAS  Chapter  IV,  besides  SOLAS  Chapter  V. 
The  Union  position  was  to  support  that  while  the  Sub-Committee  could  prioritise  the 
introduction  of  VDES  under  SOLAS  Chapter  V,  it  was  important  to  also  consider  the 
introduction of VDES under SOLAS chapter IV.  

The  Sub-Committee  agreed  to  establish  a  correspondence  group,  under  the  coordination  of 
Japan,  with  a  view  to  undertake  a  technical,  regulatory  and  operational  analysis  of  VDES, 
including  its communications component and associated costs, to  develop the required draft 
performance  standards  and  draft  amendments  to  SOLAS  Chapter  IV  and  V,  as  well  as  to 
identify any consequential amendments to other instruments.  

NCSR 11 continued to discuss whether and how to include VDES in SOLAS Chapters IV and 
V, taking into consideration the options, developed by the Correspondence Group. NCSR 11 
re-established the Correspondence Group on VHF Data Exchange System (VDES), under the 
coordination  of  Japan,  with  a  view  to  finalize  the  draft  amendments  to  SOLAS,  including 
consequential amendments. The Union position at NCSR 11 was to support the establishment 
of the Working Group on Navigation to continue to discuss the amendments to SOLAS and to 

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support  the  re-establishment  of  the  correspondence  group  to  continue  the  necessary  work 
intersessionally. 

NSCR  12  considered  the  report  of  the  Correspondence  group  on  draft  amendments  to 
SOLAS,  including  also  consequential  amendments  to  mandatory  and  non-mandatory 
instruments and agreed to forward this work to a Working Group with a view to finalise this 
work. Having considered the Working Group's report, the Sub-Committee agreed to the draft 
amendments to SOLAS chapter V and the appendix. The Sub-Committee agreed also to the 
consequential  draft  amendments  to  the  1994  and  2000  HSC  codes.  Having  considered  the 
the  aforementioned  draft 
Working  Group's  assessment  concerning 
amendments to SOLAS, the Sub-Committee agreed to invite MSC 110 to approve them, as an 
urgent matter, with a view to adoption by MSC 111 and entry into force on 1 January 2028. 
The Union’s position at NCSR 12 was to support the work of the Correspondence Group and 
to propose that its report is referred to a Working Group for further consideration.  

the  approval  of 

MSC 110 approved the draft amendments to SOLAS chapter V and the appendix to introduce 
the VHF Data Exchange System (VDES), with a view to subsequent adoption at MSC 111. 
The  Committee  also  approved  the  related  consequential  draft  amendments  to  the  1994  and 
2000  HSC  Codes,  with  a  view  to  subsequent  adoption  at  MSC  111,  in  line  with  the 
aforementioned draft amendments to SOLAS. These amendments have been circulated by the 
IMO Secretariat through IMO Circular Letter No.5063 of 29 September 2025. 

The Union position at MSC 110 was to support the draft amendments.  

The  Union  should  support  these  amendments  because  it  is  more  efficient  to  use  dedicate 
channels for application specific message (ASM) of VDES and VDES has additional capacity 
for  the  exchange  of  more  digital  data  and  thus,  it  could  accommodate  future  growth  in 
demand for utilizing digital data in maritime radiocommunication. In addition, the exchange 
of digital data brings numerous benefits not only for safety and situational awareness but also 
for  security,  efficiency  of  navigation,  protection  of  marine  environment  and  reduction  of 
burden  of  seafarers.  VDES  provides  a  significant  enhancement  to  the  benefits  delivered 
through AIS and is considered an enabler of e-navigation. The ability to exchange ASM and 
other  information  between  ships  and  shore  authorities  is  significantly  improved  through  the 
implementation of VDES. 

With regard to the amendments to SOLAS regulations IV/5, V/4 and V/5, NCSR 12 noted the 
considerations of the Joint IMO/ITU Experts Group on the development of draft amendments 
to the SOLAS Convention. It also considered the options to amend SOLAS  prepared by the 
Joint  IMO/ITU  Experts  Group,  taking  into  account  documents  including  the  Union 
submission  to  NCSR  12,  which  provided  comments  on  the  options  presented  by  the  Joint 
IMO/ITU  Experts  Group.  NCSR  12  referred  the  matters  to  the  Working  Group  for  further 
review  and  finalisation  of  the  amendments  to  SOLAS.  NCSR  12  agreed  to  the  draft 
amendments  to  SOLAS  regulations  IV/5,  V/4  and  V/5  concerning  the  requirement  for 
dissemination  of  Maritime  Safety  Information  (MSI)  and  Search  and  Rescue  (SAR)  related 
information  through  all  operational  recognized  mobile  satellite  services  (RMSSs),  and 
endorsed the justification for submission of the above-mentioned draft amendments to MSC 
110  for  approval,  with  a  view  to  adoption  by  MSC  111  and  entry  into  force  on  1  January 
2028. The Union position at NCSR 12 was to support the Union submission proposing draft 
amendments  to  SOLAS  concerning  the  dissemination  of  MSI  and  SAR  related  information 
through all operational recognized mobile satellite services. 

MSC  110  approved  the  draft  amendments  to  SOLAS  regulations  IV/5,  V/4  and  V/5 
concerning the requirement for dissemination of maritime safety information (MSI) and SAR-
related  information  through  all  operational  mobile  satellite  services  recognized  by  the 

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Organization  for  use  in  the  Global  Maritime  Distress  and  Safety  System  (GMDSS),  with  a 
view  to  subsequent  adoption  at  MSC  111.  These  amendments  have  been  circulated  by  the 
IMO Secretariat through IMO Circular Letter No.5063 of 29 September 2025. 

The Union position at MSC 110 was to support the draft amendments.  

The Union should support these amendments because by introducing new recognized mobile 
satellite services, it needs to clearly state the requirement for dissemination of maritime safety 
information  and  search  and  rescue  related  information  through  all  operational  recognized 
mobile satellite services. 

Amendments to the 2011 ESP Code 

4.2. 
The Sub-Committee on Ship Design and Construction at is 10th session (SDC 10) discussed 
considered  amendments  to  the  2011  ESP  Code  and  agreed  that  work  should  be  undertaken 
intersessionally  in  a  correspondence  group  which  should  be  tasked  to  consider  the  proposal 
for  amendments  to  the  ESP  Code.  The  Union  position  at  SDC  10  was  to  propose  that  the 
proposed amendments to the ESP Code are either discussed by a correspondence group or are 
deferred to a working group to be established at SDC 11. 

SDC 11 considered the report of the Correspondence Group on Amendments to the 2011 ESP 
Code  to  permit  the  use  of  remote  inspection  techniques  (RIT)  and  referred  the  matter  to  a 
Working Group. Having considered the report of the Working Group, SDC 11 approved the 
draft  amendments  to  the  2011  ESP  Code  to  incorporate  RIT,  for  approval  at  MSC  110  and 
subsequent adoption at MSC 111. The Union position at SDC 11 was to support the report of 
the  correspondence  group  on  the  use  of  remote  inspection  techniques  and  its  referral  to  a 
working group.   

MSC 110  approved the draft amendments  to  the 2011 ESP Code, to  permit  the use of RIT, 
with  a  view  to  adoption  at  MSC  111  and  entry  into  force  on  1  January  2028.  These 
amendments  have  been  circulated  by  the  IMO  Secretariat  through  IMO  Circular  Letter 
No.5063 of 29 September 2025. 

The Union position at MSC 110 was to support the draft amendments. 

The  Union  should  support  these  amendments  because  these  techniques  offer  greater 
efficiency,  higher  flexibility,  and  increased  reliability  in  the  day-to-day  activities  of  survey 
and inspection without impairing the result of those surveys. 

Amendments to the LSA Code 

4.3. 
The Sub-Committee on Ship Systems and Equipment at its 10th session (SSE 10) agreed, in 
principle,  to  draft  amendments  to  the  LSA  Code  concerning  the  design  and  prototype  test 
requirements for the arrangements used in the operational testing of free-fall lifeboat release 
systems without launching the lifeboat, with a view to finalization by SSE 11 and instructed 
the LSA Correspondence Group to finalise the draft amendments. The Union position at SSE 
10 was to support that the discussion is referred to the Working Group.  

Having  approved  the  work  of  the  Correspondence  Group,  SSE  11  considered  the  draft 
amendments and instructed the Working Group to finalise them. SSE 10 agreed to the draft 
amendments to the LSA Code, with a view to approval by MSC 110 and adoption by MSC 
111. The Union position at SSE 11 was to support the report of the correspondence group and 
that  a  working  group  on  life  saving  appliances  is  established  to  finalise,  at  this  session,  the 
draft amendments to the LSA Code.  

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Having  considered  the  draft  amendments  to  the  LSA  Code,  MSC  110  approved  the  draft 
amendments, with a view to adoption at MSC 111. These amendments have been circulated 
by the IMO Secretariat through IMO Circular Letter No.5063 of 29 September 2025. 

The Union position at MSC 110 was to support the draft amendments. 

The  Union  should  support  these  amendments  they  will  facilitate  the  safety  of  life  at  sea  by 
increasing the confidence in the effective and efficient operation of the free-fall lifeboat in the 
event of the ship being abandoned. 

4.4. 

Amendments to 1988 Load Lines Protocol 

MSC  107  approved  to  add  a  new  output  to  amend  the  1988  Load  Lines  Protocol,  so  as  to 
define the requirement for the setting of guard rails on the deck structure to minimize safety 
risks.  The  Committee  approved  this  new  output.  The  Union  position  at  MSC  107  was  to 
support this new output.  

SDC 10, while having agreed in principle to the draft amendment to regulation 25 of the 1988 
Load  Lines  Protocol,  noted  that  further  work  was  required  for  finalization  and  agreed  to 
request the Committee to extend the target completion year of the output to 2025 and to keep 
the agenda item on the provisional agenda of SDC 11. The Union position at SDC 10 was to 
support the proposal to amend regulation 25 of the 1988 Load Lines Protocol. 

SDC 11 agreed with the draft amendments to regulation 25 of the 1988 Load Line Protocol 
for approval at MSC 110 and subsequent adoption at MSC 111, with the expected entry into 
force on 1 January 2028. The Union position at SDC 11 was to support the proposal to amend 
regulation 25 of the 1988 Load Lines Protocol.  

MSC 110 approved the draft amendments to regulation 25 of the 1988 Load Lines Protocol, 
regarding  the  requirement  for  setting  of  guard  rails  on  the  deck  structure,  with  a  view  to 
adoption  at  MSC  111.  These  amendments  have  been  circulated  by  the  IMO  Secretariat 
through IMO Circular Letter No.5063 of 29 September 2025. 

The Union position at MSC 110 was to support the draft amendments. 

The Union should support these amendments because setting guard rails with three courses on 
the deck structure can effectively enhance the protection of the crew, reduce the risk of crew's 
falling overboard and injuries, and improve the safety of ships with minimal economic cost. 

5. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

5.1. Relevant EU legislation  

5.1.1.  Amendments to regulations 13 and 14 and Appendix VII of MARPOL Annex VI  

Directive  (EU)  2016/802  aims  to reduce  emissions  of  sulphur  dioxide  from  certain  liquid 
fuels3. It seeks to prevent and control air pollution caused by noxious emissions resulting from 
the  combustion  of  liquid  fuels  with  high  sulphur  content,  which  harm  human  health,  the 
environment,  and contribute to  acid  deposition. Article 6 and Article 13 as well as Annex  I 
refer  to  the  rules  laid  down  in  MARPOL  Annex  VI  on  maximum  sulphur  content  in  ship’s 
fuels and SOx emissions of ships in EU waters. 

Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a 

3 
reduction in the sulphur content of certain liquid fuels. OJ L 132, 21.5.2016, p.58.  
http://data.europa.eu/eli/dir/2016/802/oj 

EN 

8 

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The  Marine  Strategy  Framework  Directive4  requires  Member  States  to  take  the  necessary 
measures  to  achieve  or  maintain  'good  environmental  status'  in  the  marine  environment  by 
2020.  Good  environmental  status  means  "the  environmental  status  of  marine  waters  where 
these provide ecologically diverse and dynamic oceans and seas which are clean, healthy, and 
productive within their intrinsic conditions, and the use of the marine environment is at a level 
that  is  sustainable,  thus  safeguarding,  the  potential  uses  and  activities  by  current  and  future 
generations"  (Article  3(5)  of  the  Marine  Strategy  Framework  Directive).  Determining  good 
environmental  status  requires,  inter  alia,  that  human-induced  eutrophication  is  minimised, 
especially  adverse  effects  thereof,  such  as  losses  in  biodiversity,  ecosystem  degradation, 
harmful  algae  blooms  and  oxygen  deficiency  in  bottom  waters.  Reducing  nitrogen  inputs 
originating  from  maritime  shipping  through  the  application  of  the  Tier  III  requirements 
following  from  the  designation  of  the  Northeast  Atlantic  as  NECA,  will  support  the  EU 
Member  States  bordering  those  seas  with  achieving  'good  environmental  status'  under  the 
Marine Strategy Framework Directive.  
The  Ambient  Air  Quality  Directive5  (revised  in  2024)  sets,  inter  alia,  limit  values  for  NO2 
with the aim of avoiding, preventing or reducing harmful effects on human health and/or the 
environment  caused  by  air  pollution.  The  Ambient  Air  Quality  Directive  recognizes  that  in 
order to achieve the objectives set out in that Directive, it is particularly important to combat 
emissions  of  pollutants  at  source  in  particular  by  measures  which  would  limit  the  exhaust 
emissions  of  the  engines  of  various  mobile  and  stationary  sources  through  engine  or  fuel 
quality  standards.  The  Union  has  put  in  place  various  pieces  of  legislation  regulating 
emissions  by  means  of  engine  standards  for  various  road  transport  modes  (cars,  trucks  and 
vans through the Euro standards6) and non-road mobile machinery sources (inland waterway 
vessels and locomotives through the Non-Road Mobile Machinery Directive7.  

Therefore, the amendments to regulations 13 and 14 and Appendix VII of MARPOL Annex 
VI  on  the  adoption  of  an  Emission  Control  Area  are  capable  of  decisively  affecting  the 
content of Directive (EU) 2016/802. This is because the establishment of an Emission Control 
Area within EU Member States would affect the application of this Directive as its Article 6, 
Article 13 and its Annex I refer to the rules laid down in MARPOL Annex VI on maximum 
sulphur content in ship’s fuels and SOx emissions of ships in EU waters. 

Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air 

4 
Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008 establishing  a 
framework  for  community  action  in  the  field  of  marine  environmental  policy  (Marine  Strategy  Framework 
Directive) OJ L 164, 25.6.2008, p. 19. http://data.europa.eu/eli/dir/2008/56/oj 
5 
quality and cleaner air for Europe. OJ L 152, 11.6.2008, p. 1. http://data.europa.eu/eli/dir/2008/50/oj 
6 
Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type 
approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and 
Euro  6)  and  on  access  to  vehicle  repair  and  maintenance  information.  OJ  L  171,  29.6.2007,  p.  1. 
http://data.europa.eu/eli/reg/2007/715/oj 
Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval 
of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to 
vehicle repair and maintenance information. OJ L 188, 18.7.2009, p. 1. http://data.europa.eu/eli/reg/2009/595/oj 
7 
Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on 
requirements  relating  to  gaseous  and  particulate  pollutant  emission  limits  and  type-approval  for  internal 
combustion  engines  for  non-road  mobile  machinery,  amending  Regulations  (EU)  No  1024/2012  and  (EU)  No 
  OJ  L  252,  16.9.2016,  p.  53. 
167/2013,  and  amending  and 
http://data.europa.eu/eli/reg/2016/1628/oj 

repealing  Directive  97/68/EC. 

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5.1.2.  Amendments to regulations 20, 25, 27 and 28 of MARPOL Annex VI 

Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon  dioxide 
emissions  from  maritime  transport8  (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. Improving the accessibility of the IMO Ship Fuel Oil Consumption 
Database  (IMO  DCS)  to  the  general  public  and  introducing  the  review  clause  of  the  short-
term  GHG  reduction  measure  are  aimed  to  reduce  the  carbon  intensity  of  international 
shipping  in  a  manner  consistent  with  the  level  of  ambition  set  out  in  the  IMO  Strategy  on 
reduction of GHG  emissions from  ships. Improving the  consistency/quality of data reported 
under DCS in the IMO DCS and expanding data access for the general public has implications 
to the collection and reporting of ship fuel oil consumption data, and therefore could affect the 
monitoring, verification and reporting of GHG emissions from shipping under the EU MRV 
Regulation. 
The EU Climate Law9 sets binding Union climate targets (compared to 1990) of a reduction 
of net greenhouse gas emissions—emissions after deduction of removals—by at least 55% by 
2030 and by 90% by 2040 (proposal by the Commission). 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 the EU Emission Trading System (ETS) Directive 2003/87/EC10 
by Directive (EU) 2023/95911 to extend the EU ETS to the maritime transport 
sector to apply as of 1 January 2024, (together with the necessary amendments 
to  the  EU  MRV  Regulation,12  to  revise  monitoring  and  reporting  rules,  also 
through the revision of the relevant implementing and delegated acts). 

8 
Regulation  (EU)  2015/757  of  the  European  Parliament  and  of  the  Council  of  29  April  2015  on  the 
monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport,  and  amending 
Directive 2009/16/EC. OJ L 123, 19.5.2015, p. 55. http://data.europa.eu/eli/reg/2015/757/oj 
9 
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing 
the  framework  for  achieving  climate  neutrality  and  amending  Regulations  (EC)  No  401/2009  and  (EU) 
2018/1999 (‘European Climate Law’); OJ L 243, 9.7.2021, p. 1. http://data.europa.eu/eli/reg/2021/1119/oj 
10 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 
96/61/EC (Text with EEA relevance) OJ L 275, 25.10.2003, p. 32. http://data.europa.eu/eli/dir/2003/87/oj  
11 
Directive  (EU)  2023/959  of  the  European  Parliament  and  of  the  Council  of  10  May  2023  amending 
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, OJ L 130, 16.5.2023, p. 134.  http://data.europa.eu/eli/dir/2023/959/oj 
12 
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 
types,  OJ  L  130,  16.5.2023,  p. 
additional 
greenhouse  gases 
105.  http://data.europa.eu/eli/reg/2023/957/oj 

emissions 

from 

ship 

and 

EN 

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• 

Regulation  (EU)  2023/1805  focuses  on  the  use  of  renewable  and  low-carbon 
fuels in the maritime sector13 (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  fuel  consumption and 
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  regulations  20,  25,  27  and  28  of  Annex  VI  of  MARPOL 
concerning the accessibility of the IMO Ship Fuel Oil Consumption Database (IMO DCS) and 
the  review  clause  of  the  short-term  GHG  reduction  measure  are  capable  of  decisively 
affecting  the  requirements  applicable  under  Regulation  (EU)  2015/757,  Regulation  (EU) 
2023/1805 and Directive (EU) 2023/959.  

5.1.3.  Amendments  to  chapters  IV  and  V  and  the  appendix  (Certificates)  of  SOLAS  and 

amendments to the 1994 HSC Code & the 2000 HSC Code 

Article  6  of  Directive  2002/59/EC  establishing  a  Community  vessel  traffic  monitoring  and 
information system14 provides that any ship calling at a port of a Member State must be fitted 
with an AIS which meets the performance standards drawn up by the IMO.  
Regulation (EU) 2019/1239 establishes a European Maritime Single Window environment15 
There is  a possibility to use  VDES for the transmission  of reporting formalities required by 
the Regulation.  

Radio-communication  equipment  is  listed  in  Section  5  of  Commission  Implementing 
Regulation  (EU)  2025/153316.  The  Implementing  Regulation  contains  design,  construction 
and performance requirements and testing standards for marine equipment. It is based on the 
empowerment  of  the  Commission  to  indicate,  through  implementing  acts,  the  design, 
construction  and  performance  requirements  as  well  as  the  testing  standards  for  marine 

13 
Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on 
the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC. OJ L 234, 
22.9.2023, p. 48. http://data.europa.eu/eli/reg/2023/1805/oj 
14 
Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002 establishing  a 
Community vessel traffic monitoring and information system and repealing Council Directive  93/75/EEC. OJ L 
208, 5.8.2002, p. 10. http://data.europa.eu/eli/dir/2002/59/oj 
15 
Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing 
a European Maritime Single Window environment and repealing Directive 2010/65/EU, OJ L 198, 25.7.2019, p. 
64. http://data.europa.eu/eli/reg/2019/1239/oj 
16 
Commission  Implementing  Regulation  (EU)  2025/1533  of  23  July  2025  laying  down  rules  for  the 
application  of  Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council  as  regards  design, 
construction  and  performance  requirements  and  testing  standards  for  marine  equipment  and  repealing 
July  2025. 
Commission 
http://data.europa.eu/eli/reg_impl/2025/1533/oj 

(EU)  2024/1975.  OJ  L,  2025/1533,  23 

Implementing  Regulation 

EN 

11 

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equipment  falling  within  the  scope  of  Directive  2014/90/EU  on  marine  equipment17,  in 
accordance with Article 35(2) thereof.  
Article 6(2)(a)(i) of Directive 2009/45/EC on safety rules and standards for passenger ships18 
provides  that  new  passenger  ships  of  Class  A  engaged  in  domestic  voyages  within  the  EU 
shall  comply  entirely  with  the  requirements  of  the  1974  SOLAS  Convention,  as  amended. 
Therefore,  any  changes  to  SOLAS  regulations  would  affect  Union  common  rules  set  out  in 
the Directive. 

Therefore, the amendments to chapters IV and V and the appendix (Certificates) of SOLAS 
and  amendments  to  the  1994  HSC  Code  &  the  2000  HSC  Code  are  capable  of  decisively 
affecting the requirements applicable under Directive 2002/59/EC, Directive 2014/90/EU and 
Directive 2009/45/EC.  

5.1.4.  Amendments to the 2011 ESP Code 

Regulation  (EU)  No  530/2012  on  the  accelerated  phasing-in  of  double-hull  or  equivalent 
design requirements for single-hull oil tankers19 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. 

5.1.5.  Amendments to the LSA Code 

The  standards  for  lifeboats  and  liferafts  as  well  as  launching  appliances  and  winches  are 
regulated  by  Implementing  Regulation  (EU)  2025/1533,  where  references  are  made  to  the 
LSA  Code.  The  Implementing  Regulation  contains  design,  construction  and  performance 
requirements and testing standards for marine equipment. It is based on the empowerment of 
the  Commission  to  indicate,  through  implementing  acts,  the  design,  construction  and 
performance requirements as well as the testing standards for marine equipment falling within 
the  scope  of  Directive  2014/90/EU  on  marine  equipment,  in  accordance  with  Article  35(2) 
thereof.  

In Directive 2009/45/EC on safety rules and standards for passenger ships, Article 6(2)(a)(i) 
applies SOLAS, as amended, as well as the relevant Codes, including the LSA Code to Class 
A passenger ships, while Annex I, Chapter III Life Saving Appliances lays down various and 
extensive  requirements  for  Class  B,  C  and  D  passenger  ships  when  engaged  in  domestic 
voyages, also concerning liferafts and lifeboats through the application of the LSA Code. 

Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council of 23  July  2014 on  marine equipment  and 

Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 

17 
repealing Council Directive 96/98/EC. OJ L 257, 28.8.2014, p. 146. http://data.europa.eu/eli/dir/2014/90/oj 
18 
standards for passenger ships. OJ L 163, 25.6.2009, p. 1. http://data.europa.eu/eli/dir/2009/45/oj 
19 
Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-hull  oil  tankers.  OJ  L  172, 
30.6.2012, p. 3. http://data.europa.eu/eli/reg/2012/530/oj 

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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.    

5.1.6.  Amendments to 1988 Load Lines Protocol 

The  term  "international  conventions"  defined  in  Directive  2009/45/EC  on  safety  rules  and 
standards for passenger ships (Article 2(a)) includes the Load Lines convention, together with 
the protocols and amendments thereto, and the related codes of mandatory application, in their 
up-to-date version. In addition, Article 6(2)(b) of that Directive states that “all new passenger 
ships of 24 metres in length and above shall comply with the 1966 International Convention 
on Load Lines”. 

Therefore,  the  amendments  to  the  1988  Load  Lines  Protocol  are  capable  of  decisively 
influencing the application of Directive 2009/45/EC. 

5.2. 

EU competence 

The subject matter of the envisaged acts concerns areas largely covered by secondary Union 
legislation  in  explained  in  section  5.1.  Therefore,  the  Union  has  external  exclusive 
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’.  The  envisaged  acts  are  capable  of  decisively 
influencing the content of the following EU legislation and notably: 

– 

– 

– 

– 

– 

– 

Directive (EU) 2016/802. This is because the establishment of an Emission Control 
Area within EU Member States would affect the application of this Directive as its 
Article 6, Article 13 and its Annex I refer to the rules laid down in MARPOL Annex 
VI on maximum sulphur content in  ship’s fuels  and SOx emissions of ships  in  EU 
waters. 

Regulation (EU) 2015/757. 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 revised by Directive (EU) 2023/959 to extend 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.  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. 

Directive 2002/59/EC. This is because its Article 6 provides that any ship calling at a 
port  of  a  Member  State  must  be  fitted  with  an  AIS  which  meets  the  performance 
standards drawn up by the IMO.  

Regulation  (EU) 2019/1239. This  is  because there is  a possibility to  use VDES for 
the transmission of reporting formalities required by the Regulation.  

EN 

13 

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– 

– 

– 

Directive  2014/90/EU  and  Commission  Implementing  Regulation  (EU)  2025/1533. 
This  is  because  radio-communication  equipment  is  listed  in  Section  5  of  the 
Implementing Regulation. In addition, the standards for lifeboats and liferafts as well 
as launching appliances and winches are regulated by the Implementing Regulation, 
where references are made to the LSA Code. 

Directive 2009/45/EC. This is because Article 6(2)(a)(i) provides that new passenger 
ships  of  Class  A  shall  comply  entirely  with  the  requirements  of  the  1974  SOLAS 
Convention, as amended, as well as the relevant Codes, including the LSA Code to 
Class A passenger ships. Article 6(4) provides that high speed passenger craft, when 
engaged  on  domestic  voyages,  constructed  or  subjected  to  repairs,  alterations  or 
modifications of a major character on or after 1 January 1996 shall comply with the 
requirements  of  Regulation  X/2  and  X/3  of  the  1974  SOLAS  Convention,  which 
provide for the application of the ‘High Speed Craft Code’. Its Annex I, Chapter III 
Life Saving Appliances lays down various and extensive requirements for Class B, C 
and D passenger ships when engaged in domestic voyages, also concerning liferafts 
and  lifeboats  through  the  application  of  the  LSA  Code.  In  addition,  the  term 
"international  conventions"  defined  in  Article  2(a)  includes  the  Load  Lines 
convention,  together  with  the  protocols  and  amendments  thereto,  and  the  related 
codes  of  mandatory  application,  in  their  up-to-date  version.  In  addition,  Article 
6(2)(b) of that Directive states that “all new passenger ships of 24 metres in length 
and above shall comply with the 1966 International Convention on Load Lines”. 

Regulation (EU) No 530/2012. 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. 

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.20 

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  concerns,  in  particular,  the 
situation  where  the  international  agreement  that  sets  up  the  body  provides  that  its  decisions 
shall  be  binding  upon  the  parties.  This  is  the  case  for  instance  when  the  international 

20 

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

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14 

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agreement  grants  the  body  the  power  to  amend  certain  aspects  of  the  agreement  or  its 
annexes. 

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  envisaged  acts  which  IMO’s  MEPC  84  is  called  upon  to  adopt  constitute  acts  having 
legal  effects  as  they  are  capable  of  decisively  influencing  the  content  of  EU  legislation  as 
outlined in section 5.1 and 5.2 above. 

The envisaged acts which IMO’s MSC 111 is called upon to adopt constitute acts having legal 
effects as they are capable of decisively influencing the content of EU legislation as outlined 
in section 5.1 above. 

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 even if a few 
of the envisaged amendments concern environmental aspects. Therefore, the substantive legal 
basis of the proposed decision is Article 100(2) TFEU. 

6.3. 

Conclusion 

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

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2026/0073 (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 84th session of the Marine Environment Protection 
Committee on the adoption of amendments to the International Convention for the 
Prevention of Pollution from Ships (MARPOL) and during the 111th session of the 
Maritime Safety Committee on the adoption of amendments to the International 
Convention for the Safety of Life at Sea (SOLAS), 1974, the International Code of Safety 
for High-speed Craft, 1994 (1994 HSC Code), the International Code of Safety for High-
speed Craft, 2000 (2000 HSC 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 Code (LSA Code), and to the 
Protocol of 1988 relating to the International Convention on Load Lines, 1966 (1988 
Load Lines Protocol) 

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) 

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  (MEPC)  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.  MEPC  during  its  84th  session  will  adopt 
amendments in accordance with article 16 paragraph (2) subpoints (b), (c) and (d) to 
the MARPOL Convention.  

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. 
MSC  during  its  111th  session  will  adopt  amendments  in  accordance  with  article 
VIII(b)(iv)  of  the  SOLAS  Convention  and  article  VI(2)(d)  of  the  1988  Load  Lines 
Protocol. 

EN 

16 

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(5) 

(6) 

(7) 

(8) 

The  IMO’s  Marine  Environment  Protection  Committee,  in  its  84th  session  from  27 
April  to  1  May  2026,  is  to  adopt  amendments  to  Annex  VI  of  the  International 
Convention for the Prevention of Pollution from Ships (MARPOL) on the designation 
of the North-East Atlantic as a new Emission Control Area (regulations 13 and 14 and 
Appendix VII), on the accessibility of the IMO Ship Fuel Oil Consumption Database 
(IMO DCS) and review clause of the short-term GHG reduction measure (regulations 
20, 25, 27 and 28). 

The IMO’s Maritime Safety Committee, in its 111th session from 13 to 22 May 2026 
is  to  adopt  amendments  to  chapters  IV  and  V  and  the  appendix  (Certificates)  of  the 
International  Convention  for  the  Safety  of  Life  at  Sea  (SOLAS),  1974,    the 
International  Code  of  Safety  for  High-speed  Craft,  1994  (1994  HSC  Code),  the 
International  Code  of  Safety  for  High-speed  Craft,  2000  (2000  HSC  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 Code (LSA Code), and to Annex B to the Protocol of 1988 relating to the 
International Convention on Load Lines, 1966 (1988 Load Lines Protocol). 

The envisaged acts of the MEPC and MSC will have legal effects. 

 It is therefore appropriate to establish the position to be taken on the Union’s behalf 
during  MEPC  84,  as  the  envisioned  acts  are  capable  of  decisively  influencing  the 
contents of Union law, namely Directive (EU) 2016/802 relating to a reduction in the 
sulphur content of certain liquid fuels1, Regulation (EU) 2015/757 on the monitoring, 
reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport2, 
Directive  (EU)  2023/959  amending  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  system3,  Regulation  (EU)  2023/1805  on 
the use of renewable and low-carbon fuels in maritime transport4. 

(9) 

Therefore,  the  Union  should  support  the  amendments  to  regulations  13  and  14  and 
Appendix  VII  to Annex  VI of MARPOL  because they will contribute to preventing, 
reducing and controlling air pollutant emissions from ships, in order to achieve related 
health, environmental and economic benefits.  

(10)  The  Union  shall  also  support  the  amendments  to  regulation  27  of  Annex  VI  of 
MARPOL,  because  they  will  further  improve  the  accessibility  of  IMO  DCS  data  to 
ensure the robust implementation of the CII framework and to facilitate its review.  

(11)  The Union shall support the amendments to regulations 20, 25, 27 and 28 of Annex VI 
of MARPOL, because they are consequential to the adoption of the 2023 GHG IMO 
Strategy and to the finalization of the review of the Short-Term Measures by the IMO 
and allow for further review of these regulations.  

(12) 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MSC 111, 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 

1 
2 
3 
4 

OJ L 132, 21.5.2016, p. 58 
OJ L 123, 19.5.2015, p. 55 
OJ L 130, 16.5.2023, p. 134 
OJ L 234, 22.9.2023, p. 48 

EN 

17 

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ships5, Directive 2002/59/EC establishing a Community vessel traffic monitoring and 
information  system6,  Regulation  (EU)  No  530/2012  on  the  accelerated  phasing-in  of 
double-hull or equivalent design requirements for single-hull oil tankers7 and Directive 
2014/90/EU on marine equipment8. 

(13)  Therefore,  the  Union  should  support  the  amendments  to  chapters  IV  and  V  and  the 
appendix  (Certificates)  of  SOLAS,  to  the  1994  HSC  Code  and  the  2000  HSC  Code 
because it is more efficient to use dedicate channels for application specific message 
(ASM) of VDES and VDES has additional capacity for the exchange of more digital 
data and thus, it could accommodate future growth in demand for utilizing digital data 
in  maritime  radiocommunication.  In  addition,  the  exchange  of  digital  data  brings 
numerous benefits not only for safety and situational awareness but also for security, 
efficiency of navigation, protection of marine environment and reduction of burden of 
seafarers. VDES provides a significant enhancement to the benefits delivered through 
AIS and is  considered an enabler of e-navigation. The ability to  exchange ASM  and 
other  information  between  ships  and  shore  authorities  is  significantly  improved 
through  the  implementation  of  VDES.  The  Union  should  also  support  these 
amendments because by introducing new recognized mobile satellite services, it needs 
to clearly state the requirement for dissemination of maritime safety information and 
search  and  rescue  related  information  through  all  operational  recognized  mobile 
satellite services. 

(14)  The  Union  should  support  the  amendments  to  the  2011  ESP  Code  because  these 
techniques  offer  greater  efficiency,  higher  flexibility,  and  increased  reliability  in  the 
day-to-day  activities  of  survey  and  inspection  without  impairing  the  result  of  those 
surveys. 

(15)  The  Union  should  support  the  amendments  to  the  LSA  Code  they  will  facilitate  the 
safety of life at sea by increasing the confidence in the effective and efficient operation 
of the free-fall lifeboat in the event of the ship being abandoned. 

(16)  The Union should support the amendments to the 1988 Load Lines Protocol because 
setting guard rails with three courses on the deck structure can effectively enhance the 
protection  of  the  crew,  reduce  the  risk  of  crew's  falling  overboard  and  injuries,  and 
improve the safety of ships with minimal economic cost. 

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

members of the IMO, acting jointly, in the interest of the European Union. 

HAS ADOPTED THIS DECISION:  

The  position  to  be  taken  on  the  Union’s  behalf  in  the  84th  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Marine  Environment  Protection  Committee  or  any 
subsequent session, shall be to agree to the adoption of the amendments to:  

Article 1 

5 
6 
7 
8 

OJ L 163, 25.6.2009, p. 1 
OJ L 208, 5.8.2002, p. 10 
OJ L 172, 30.6.2012, p. 3 
OJ L 257, 28.8.2014, p. 146 

EN 

18 

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(a) 

(b) 

regulations 13 and 14 and Appendix VII to Annex VI of MARPOL concerning the 
designation of the North-East Atlantic as a new Emission Control Area (ECA),  

regulations 20, 25, 27 and 28 of Annex VI of MARPOL concerning the accessibility 
of the IMO Ship Fuel Oil Consumption Database (IMO DCS) and review clause of 
the short-term GHG reduction measure.  

Article 2 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  111th  session  of  the  International 
Maritime  Organization’s  (‘IMO’)  Maritime  Safety  Committee  or  any  subsequent  session, 
shall be to agree to the adoption of the amendments to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

chapters IV and V and the appendix (Certificates) of the International Convention for 
the Safety of Life at Sea (SOLAS), 1974,  

the International Code of Safety for High-speed Craft, 1994 (1994 HSC Code),  

the International Code of Safety for High-speed Craft, 2000 (2000 HSC 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 Code (LSA Code),  

Annex  B  to  the  Protocol  of  1988  relating  to  the  International  Convention  on  Load 
Lines, 1966 (1988 Load Lines Protocol). 

Article 3 

The position referred to in Article 1 shall be expressed 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 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 Member States.   

Article 4 

Done at Brussels, 

For the Council 
The President 

EN 

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