Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 98th session of the Maritime Safety Committee and the 71st session of the Marine Environment Protection Committee on the adoption of amendments to SOLAS Regulation II-1/23, SOLAS Regulation II-2/184.108.40.206, the 1994 and 2000 High Speed Craft Codes, the International Life-saving Appliance Code and to Appendix V of MARPOL Annex VI
The purpose of this proposal is to establish the position of the European Union on the adoption of amendments at the International Maritime Organization’s (IMO) Committees to SOLAS Regulations II-1/23 and II-2/220.127.116.11, to the 1994 and 2000 High Speed Craft Codes, to the International Life-saving Appliance Code and to the Annex to Resolution MSC.81 (70), and to Appendix V of MARPOL Annex VI. The Council will need to reach its position before the 98th session of the Maritime Safety Committee (MSC 98) opens on 7 June 2017. The Commission considers the adoption of these amendments to come under exclusive EU competence, as set out in Article 3(2) of the Treaty on the Functioning of the European Union (TFEU), which provides that such competence arises where participation in an international agreement may affect or alter the scope of EU rules. 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.