51 International Maritime Organization
and EU law
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Draft Council Decision about an EU position on amendments to International Maritime Organization instruments
|
| Legal base | Articles 100(2) and 218(9) TFEU; —; QMV
|
| Department
Document numbers
| Transport
(36837), —, COM(15) 146
|
Summary and Committee's conclusions
51.1 Amongst International Maritime Organization (IMO) instruments
are the International Convention for the Prevention of Pollution
from Ships (MARPOL), the 2009 Guidelines for exhaust gas cleaning
systems and the International Convention for the Safety of Life
at Sea (SOLAS). Aspects of these instruments are incorporated
into EU legislation.
51.2 Whilst the EU is not a member of the IMO, by
virtue of Articles 3(2) and 218(9) TFEU Member States are not
authorised to assume obligations likely to affect EU rules unless
they are authorised to do so by means of a Council Decision.
51.3 The Commission presented this draft Council
Decision on the position to be adopted, on behalf of the EU, at
the IMO with respect to the adoption of amendments to MARPOL Annexes
I and II, the 2009 Guidelines for exhaust gas cleaning systems
and SOLAS regulations II-2/20.3.1.2.1. It considered the adoption
of these amendments to come under exclusive EU competence. On
7 May the Council adopted the proposal as a Council Decision in
order to provide Member States with a mandate to participate in
deliberations on the amendments in IMO committee meetings in May
and June.
51.4 The Government tells us that the proposed amendments
would affect EU legislation and that it accepts that a Council
Decision was required, that it is content that the scope of the
Council Decision has been specifically defined in the recitals
and therefore does not carry the risk of extending EU competence,
that although it had no concerns with the draft Council Decision,
it did not consider that the proposal justified a scrutiny override
and that the UK therefore abstained when the Council agreed to
the Council Decision.
51.5 Given both that an acceptable Council Decision
was agreed and that the Government did not breach the Scrutiny
Reserve Resolution we clear this document from scrutiny.
Full
details of the documents: Draft Council
Decision on the position to be adopted on behalf of the European
Union at the International Maritime Organization during the 68th
session of the Marine Environment Protection Committee and the
95th session of the Maritime Safety Committee on the adoption
of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust
gas cleaning systems: (36837), —, COM(15) 146.
Background
51.6 Amongst International Maritime Organization
(IMO) instruments are:
· the
International Convention for the Prevention of Pollution from
Ships (MARPOL);
· the
2009 Guidelines for exhaust gas cleaning systems; and
· the
International Convention for the Safety of Life at Sea (SOLAS).
51.7 The purpose of Directive 2005/35/EC on ship-source
pollution and on the introduction of penalties for infringements
is to incorporate international standards for ship-source pollution
into EU law and to ensure that polluters are adequately penalised.
Directive 2012/33/EU, the Sulphur Directive, concerns the sulphur
content of marine fuels. Amongst other matters it covers IMO emission
abatement methods for exhaust gas cleaning systems. Directive
2009/45/EC on safety rules and standards for passenger ships incorporates
detailed SOLAS rules on ventilation of Class B, C and D passenger
ships and of new Class A passenger ships (class being defined
by the sea areas in which a ship is authorised to operate).
51.8 Whilst the EU is not a member of the IMO, by
virtue of Articles 3(2) and 218(9) TFEU Member States are not
authorised to assume obligations likely to affect EU rules unless
they are authorised to do so by means of a Council Decision.
The document
51.9 The Commission has presented this draft Council
Decision on the position to be adopted, on behalf of the EU, at
the IMO with respect to the adoption of amendments to MARPOL Annexes
I and II, the 2009 Guidelines for exhaust gas cleaning systems
and SOLAS regulations II-2/20.3.1.2.1. It considers the adoption
of these amendments to come under exclusive EU competence.
51.10 The amendments to MARPOL Annexes I and II and
to the 2009 Guidelines for exhaust gas cleaning systems were to
be adopted at the 68th session of the IMO Marine Environment Protection
Committee (MEPC 68) to be held between 11 and 15 May. The amendments
to SOLAS were to be adopted at the 95th session of the IMO Maritime
Safety Committee (MSC 95) to be held between 3 and 12 June.
MARPOL Annexes I and II
51.11 The amendments to MARPOL Annexes I and II are
part of a wider package of amendments in order to make the Polar
Code on Pollution Prevention Measures mandatory. The Polar Code
has been developed to supplement existing IMO instruments in order
to increase the safety of ship's operations and mitigate the impact
on the people and environment of remote and vulnerable Polar Regions.
51.12 Directive 2005/35/EC, the purpose of which
is to incorporate international standards for ship source pollution
into EU law and to ensure that polluters are adequately penalised,
applies in high seas — some areas of the polar waters covered
by the Polar Code are considered as high seas. The Directive applies
to discharges of polluting substances, that is substances covered
by MARPOL Annexes I (oil) and II (noxious liquid substances in
bulk). In accordance with Article 4 of the Directive, Member States
must ensure that ship-source discharges of polluting substances,
including minor cases of such discharges, into inter alia
high seas are regarded as infringements if committed with
intent, recklessly or with serious negligence.
51.13 Amendments are proposed to Part II-A of the
Polar Code, in which Chapters 1 and 2 deal with prevention of
pollution by oil and control of pollution by noxious liquid substances
in bulk. These amendments, due to be adopted at the MEPC 68 session,
would introduce changes to MARPOL, which the Commission believes
would affect EU law, through the application of Directive 2005/35/EC.
2009 Guidelines for exhaust gas cleaning systems
51.14 These Guidelines seek to provide clarity on
the testing of emission abatement technology (known as "scrubbers")
which cannot be appropriately tested while the ship is "at
rest" in a harbour. The amendments to be adopted by MEPC
68 provide for calculation-based methods as an alternative to
the existing provisions of the Guidelines. The Guidelines, set
out in Resolution MEPC 184(59), are referred to in Annex II of
Directive 2012/33/EU and, as the amendments due to be adopted
at MEPC 68 would introduce changes to the 2009 Guidelines, the
Commission believes they would affect EU law, through the application
of Directive 2012/33/EU.
SOLAS regulations II-2/20.3.1.2.1
51.15 The amendments proposed to SOLAS regulations
II-2/20.3.1.2.1 would allow the operation of ventilation fans
with a decreased number of air changes when there is an appropriate
air quality control system in place. They would apply to, among
other vessel types, passenger ships. These amendments, to be adopted
at MSC 95, would introduce changes which the Commission believes
would affect EU law, through the application of Directive 2009/45/EC.
The Government's view
51.16 In his Explanatory Memorandum of 26 May 2015
the Parliamentary Under-Secretary of State, Department for Transport
(Mr Robert Goodwill), introduces his comments by saying that the
Government supports the adoption of all the proposed IMO amendments
and noting that member states of the IMO must apply the SOLAS
and MARPOL rules to ships on international voyages, but that the
EU has elected to also apply some of the SOLAS rules to domestic
passenger ships.
51.17 On the amendments to MARPOL Annexes I and II
to be adopted at MEPC 68 the Minister says that these changes
would affect EU law through the application of Directive 2005/35/EC
and that the Government accepts that for these amendments a Council
Decision is required.
51.18 The Minister says that the Government also
accepts that a Council Decision is required for the amendments
to the 2009 Guidelines for exhaust gas cleaning systems, as the
changes to be adopted at MEPC 68 would affect EU law though the
application of Directive 2012/33/EU.
51.19 For the amendments proposed to the SOLAS regulations
the Minister says that the relevant EU legislation requires compliance
with the provisions of SOLAS to be amended, (by direct reference
to a SOLAS regulation), and so the amendments to SOLAS have a
direct impact on the obligations under EU legislation. For this
reason the Government accepts that a Council Decision is required.
51.20 The Minister comments further that the Government
is content that the scope of the Council Decision has been specifically
defined in the recitals and therefore does not carry risk of extending
EU competence beyond the measures currently at hand.
51.21 The Minister tells us that:
· the
Council adopted the Council Decision on 7 May;
· this
provided Member States with a mandate to participate in the relevant
deliberations of MEPC 68 in May and MSC 95 in June; and
· although
the Government had no concerns with the draft Council Decision,
it did not consider that the proposal justified a scrutiny override,
and the UK therefore abstained when the Council agreed to the
Council Decision.
Previous Committee Reports
None.
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