Introductory text

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:

Action by the Union in the sector of maritime transport should aim to protect the marine environment and improve maritime safety.

The Marine Environment Protection Committee (‘MEPC’) of the International Maritime Organization (‘IMO’), during its 73rd session on 22 to 26 October 2018 (‘MEPC 73’), is expected to adopt amendments to regulation 14 of Annex VI to the International Convention for the Prevention of Pollution from Ships (‘MARPOL Annex VI’).

The Maritime Safety Committee (‘MSC’) of the IMO, during its 100th session on 3 to 7 December 2018 (‘MSC 100’), is expected to adopt amendments to the International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011 (‘2011 ESP Code’).

It is appropriate to establish the position to be taken on the Union's behalf during MEPC 73, as the amendments to regulation 14 of MARPOL Annex VI will be capable of decisively influencing the content of Union law, namely Directive (EU) 2016/802 of the European Parliament and of the Council^f1.

It is appropriate to establish the position to be taken on the Union's behalf during MSC 100, as the amendments to the 2011 ESP Code will be capable of decisively influencing the content of Union law, namely Regulation (EU) No 530/2012 of the European Parliament and of the Council^f2.

The amendments to regulation 14 of MARPOL Annex VI concerning the prohibition on the carriage of non-compliant fuel oil for combustion purposes for propulsion or operation on board a ship should ensure robust enforcement of the fuel oil standard set out in regulation 14.1.3 of MARPOL Annex VI, which becomes effective on 1 January 2020.

The amendments to the 2011 ESP Code should include editorial changes to the Code, identifying all mandatory requirements and improving the tables and forms, as well as merge the editorial changes with new substantial requirements in order to deal with recent updates to the International Association of Classification Societies' Unified Requirements Z10 series.

To the extent that the amendments to regulation 14 of MARPOL Annex VI and to the 2011 ESP Code may affect the provisions of Directive (EU) 2016/802 and Regulation (EU) No 530/2012, those amendments fall under the exclusive competence of the Union.

The Union is not a member of the IMO, nor is it a contracting party to the relevant conventions and codes. The Council should therefore authorise the Member States to express the position of the Union and to express their consent to be bound by those amendments, to the extent that those amendments fall under the exclusive competence of the Union,

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