European Economic and Social Committee 11 July 2012, Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and the Council amending Directive 2009/16/EC on port State control’ COM(2012) 129 final — 2012/62 (COD) and the ‘Proposal for a Directive of the European Parliament and the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC’ COM(2012) 134 final — 2012/65 (COD)

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The European Economic and Social Committee (EESC) issued an opinion on two Commission proposals: one amending Directive 2009/16/EC on port State control and one establishing flag State responsibilities for enforcing Directive 2009/13/EC implementing the Maritime Labour Convention (MLC) 2006, both aimed at ensuring effective EU implementation of the MLC as the 'Fourth Pillar' of international maritime conventions. The EESC supports the proposals but recommends expanding the Commission's delegated and implementing powers to harmonise MLC inspection procedures with existing EU port State control mechanisms, calls for enhanced inspector training through EMSA and the Paris MOU, and urges that complaint procedures include a second stage of referral to the shipowner consistent with MLC requirements. The EESC further opines that flag State flexibility regarding equivalent provisions, derogations, and the determination of 'seafarer' status must be respected by port State control officers, and assumes that Member States retain the ability to delegate inspection and certification tasks to recognised organisations through their transposition acts.AI