Members' Research Service By / August 29, 2023

Revision of the Flag State Requirements Directive [EU Legislation in Progress]

With 80 % of the EU’s external trade being seaborne, an efficient, safe, secure and more sustainable maritime sector is essential for the EU’s internal market.

© dbvirago / Adobe Stock

Written by Mathias Gullentops (5th edition, updated on 19.12.2024).

On 1 June 2023, the European Commission presented a maritime safety package, including a proposal on a revised directive for compliance with flag state requirements. Revision of the rules is needed to take account of digitalisation, improve inspections and cooperation between flag states, and align with international rules on safety, pollution prevention, and working conditions, through inspections and surveys. This is to ensure EU flag states discharge their international law obligations.

The proposal covers requirements for flag state inspections, based on International Maritime Organization rules. The objective is to improve maritime safety and reduce the risk of environmental pollution, ensuring that EU flag states continue to provide high quality shipping services. The proposal facilitates information sharing between flag states on the results of inspections and compliance issues in general. The European Maritime Safety Agency is to support this cooperation through revised training programmes for flag state inspectors.

The European Parliament’s Transport and Tourism Committee (TRAN) adopted its report on 7 December 2023. On 27 February 2024, Parliament and Council negotiators reached a provisional agreement on the conditions under which flag and port states check if vessels are safe to sail. Parliament adopted the provisional agreement in plenary on 10 April 2024, concluding its first reading. On 18 November 2024, the Council adopted Parliament’s first reading position, thereby finalising the procedure. The directive takes effect on 5 January 2025, and Member States have until 6 July 2027 to transpose its provisions into national law.

Complete version

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/21/EC on compliance with flag State requirements
Committee responsible:Transport and Tourism (TRAN)COM(2023) 272
1.6.2023
Rapporteur:Vera Tax (the Netherlands, S&D)2023/0172(COD)
Shadow rapporteurs:Ljudmila Novak (EPP, Slovenia)
Pierre Karleskind (Renew, France)
Karima Delli (Greens/EFA, France)
Clare Daly (The Left, Ireland)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Procedure completed. Directive (EU) 2024/3100
OJ L, 2024/3100, 16.12.2024


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