Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union during the 99th session of the International Maritime Organization's Maritime Safety Committee on the adoption of amendments to SOLAS regulations II-1/1 and II-1/8-1, the approval of relevant guidelines on computerised stability support for the master in case of flooding for existing passenger ships and on the adoption of amendments to the International Code for Application of Fire Test Procedures, 2010

The purpose of this proposal is to establish the position of the European Union (EU) on the adoption of amendments at the International Maritime Organization’s (IMO) Maritime Safety Committee to the International Convention for the Safety of Life at Sea, 1974 (SOLAS) Regulations II-1/1 and II-1/8-1 and to the International Code for Application of Fire Test Procedures, 2010 (FTP Code). The Council will need to reach its position before the 99th session of the Maritime Safety Committee (MSC 99) which opens on 16 May 2018.

2. The European Commission considers the adoption of these amendments to affect EU law through the application of Directive 2009/45/EC on Passenger Ship Safety and therefore requires EU coordinated positions to be adopted. This is as set out in Articles 100(2) and 218(9) of the Treaty on the Functioning of the European Union (TFEU). This provide that the EU may lay down appropriate provisions for maritime transport and that the EU Council shall adopt a decision 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.

3. The EU is not a member of the IMO and is not party to the IMO instruments that are to be amended, however under Article 3(2) and 218(9) TFEU the 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.

Topic  Health and Safety 
Department  Dft 
Council Reference  7050/18 
COM Reference  COM(18)122 
SEC Reference   
PE Cons   
C Reference   

Associated file(s)

  1. 7050/18 - 373 KB - pdf
  2. EM 7050/18 - 1 MB - pdf

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