Judgment_paragraph 155 · Sea Watch eV v Ministero delle Infrastrutture e dei Trasporti and Others (C-14/21)

155It is clear from Article 94(6) of the Convention on the Law of the Sea that a State which has clear grounds to believe that proper jurisdiction and control have not been exercised with respect to a ship may report the facts to the flag State, which must, upon receiving such a report and within the framework of its competences and powers, investigate the matter and, if appropriate, take any action necessary to remedy the situation. That provision means that the flag State is to take, with regard to ships which fly its flag, all such measures as are necessary to protect the interests of the coastal State which has made the report (see, to that effect, judgments of 3 June 2008, Intertanko and Others, C‑308/06, EU:C:2008:312, paragraph 62, and of 26 November 2014, Parliament and Commission v Council, C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 63).