Information to be notified to ship reporting systems
This Delegated Directive amends Annex I to Directive 2002/59/EC of the European Parliament and of the Council as regards the information to be reported under ship reporting systems with a view to mitigating the risks associated with the 'ghost fleet' and promoting a safer and more environmentally friendly maritime transport system.
Context
Directive 2002/59/EC aims to enhance maritime safety, prevent pollution, and improve traffic efficiency by requiring ships to notify certain information to the competent authorities. Directive 2009/20/EC, for its part, requires shipowners to have insurance for maritime claims.
Estimates suggest that dark or shadow fleet has grown by 70% over the last few years and comprise some 600 vessels and often comprise of substandard ships poses substantial risks to maritime safety and marine ecosystems. The opaque operation of the dark or shadow fleet creates difficulties, especially in establishing and verifying the status of certificates, including insurance certificates. The increased transportation of oil by such unsafe and uninsured ships undermines the safety and environmental standards in place under instruments developed by the IMO.
The existing requirements do not adequately cover situations of ships that irrespective of their flag sail along Member States coasts, in transit, but do not enter into any Member State port, and needs to be addressed.
Recent international developments emphasise the need for robust measures to address risks posed by uninsured and unsafe vessels. The IMO Assembly Resolution (December 2023) urges actions to prevent illegal operations in the maritime sector by the dark or shadow fleet.
Annex I to Directive 2002/59/EC outlines the type of information that ships are to provide to the authorities through relevant reporting systems. In order to meet evolving operational and safety needs, it is necessary to amend that Annex to include new information, and more specifically on insurance certificates, considered essential for ensuring maritime safety, environmental protection, and effective emergency response.
Content
This Delegated Directive aims to amend Annex I to Directive 2002/59/EC. Its purpose is to enhance maritime safety and environmental protection by requiring ships, including those sailing along EU Member States' coasts but not entering ports, to provide proof of insurance certificates and financial guarantees. This practice will improve the monitoring and, where so required, investigation of uninsured and unsafe vessels, particularly those carrying oil and other hazardous cargo, with special focus to vessels operating within the so-called ‘dark fleet’, which have grown in number due to geo-political conflicts.
Additionally, this Delegated Directive will harmonise EU legislation with international standards, incorporating recent global developments and ensuring consistency with the standards established by the International Maritime Organization (IMO).