Scope:

The fitness check evaluated the key pieces of maritime transport legislation which are, in accordance with international rules, at the core of maritime transport safety and efficiency:

• Flag State - the first line of defence (for ensuring vessels are fit for purpose in the first place), Flag State Directive (2009/21/EC)

• Port State control - the second line of defence (carrying out verification spot checks), port State control Directive (2009/16/EC)

• Coastal State obligations under international law supported by EMSA systems (for ensuring vessel traffic monitoring and appropriate exchange of information between responsible authorities), vessel traffic monitoring and information system Directive (2002/59/EC)

• Reporting formalities obligations from ships/ship masters to land based authorities and reduction of administrative burden, reporting formalities Directive (2010/65/EC)

• And, should an accident happen, accident investigation (resulting in safety recommendations in the interest of further improving the regime and the effectiveness of applicable rules), accident investigation Directive (2009/18/EC)

Evaluation findings:

Keeping in mind the methodological limitations encountered for the assessment, the fitness check concludes that overall, the set of legislation reviewed has contributed to achieve the objectives of safe, secure and sustainable maritime transport. The added value of EU intervention compared to a situation where international obligations are only incorporated into national law is the enforcement and harmonised implementation of rules as well as the cooperation of all EU Member States in finding together sustainable solutions at international, EU or regional level. This provides for a high and uniform level of safety and a level-playing field between Member States. A key factor making the EU layer relevant, effective, efficient and bringing added value is the support offered both to the Member States and the Commission by the European Maritime Safety Agency.

With regard to the internal and external coherence of the overall set up, the fitness check demonstrates the relevance of continued support to Member States in fulfilling international, EU and national obligations incumbent on them. The analysis has highlighted a need to rebalance the overall legislative set up towards a more preventive approach, notably by reinforcing the EU layer for the first line of defence - the responsibilities of Member States as flag State. An alignment of the Flag State Directive to the revised relevant international rules is necessary.

Regarding the Port State Control, Accident Investigation and Vessel Traffic Monitoring and Information System Directives, the situation points to some room for gradual improvements through incremental changes as part of continuous improvement in maritime safety.

For the Reporting Formalities Directive, there are major shortcomings in relation to the current inefficient port call reporting environment for maritime transport operators. The main problem is the lack of harmonisation of the maritime National Single Windows and the overall lack of EU-level harmonisation of all reporting required by a ship calling at a port(see separate entry in Scoreboard on European Single Maritime Window).

Overall, the fitness check recommended to:

• Maintain the EU layer of legislation and continue to build on European Maritime Safety Agency capacity. Some more incremental changes, as part of continuous improvement, can be made. Some more comprehensive alignment, in particular with IMO developments, need legislative changes.

• Explore with Member States the avenues for a better use of resources at national and EU level, taking a holistic view regarding the various inspection and survey obligations as flag, port or coastal State, building on the role and support provided by European Maritime Safety Agency and exploiting the efficiency gains offered by digitalisation and information sharing.

• Take steps for the necessary simplification and harmonisation of the reporting formalities as a matter of priority.

• Promote digitalisation and pursue investments in European Maritime Safety Agency digital systems, applications and databases to support enforcement, facilitate implementation and reduce burden on maritime administrations and shipping operators.

Estimated savings and benefits

The fitness check concluded that the five Directives are complementary and no overlap has been identified. The overall set-up mirrors the various responsibilities defined at international level which would have to be followed in any case by the Member States at national level.

Regarding private operators, there appears to be no trade-off between enforcement of international rules and competitiveness of shipping. Out-flagging relates mainly to factors such as fiscal and /or employment conditions as well as the perception among operators that certain flag States provide their shipowners with a higher level of service. EU legislation facilitates the competitiveness of quality shipping, by encouraging operators to compete on quality rather than on trying to cut costs through the avoidance of fulfilling the rules. The policy supports them by giving advantages to compliant operators and punishing competitors trying to gain a competitive advantage by not doing so.

However the fitness check illustrated that there is margin to achieve further simplification and burden reduction in relation to the individual Directives. The Port State Control system for example could be simplified and made operationally more flexible to optimise the inspection process and reduce costs for maritime authorities. An alignment of the Flag State Directive with IMO obligations would also provide for a fully streamlined framework at EU level and reduce any potential regulatory burden for Member States.

In the interest of continued harmonised implementation and application across the EU and therefore for the overall objectives of safe, secure and environmentally friendly shipping, the work required by Member States as contracting parties to the relevant international conventions should continue within the EU framework, including technical support from European Maritime Safety Agency, supporting Member States in fulfilling international, EU and national obligations incumbent on them.