Article 1, Point (2) · Directive (EU) 2024/3099

Contents

(2)Article 3 is amended as follows:

(a)paragraphs 3 and 4 are replaced by the following:‘3.When inspecting a ship flying the flag of a State which is not a party to a Convention, Member States shall ensure that the treatment of that ship and its crew is not more favourable than that of a ship flying the flag of a State party to that Convention. Such a ship shall be subject to a more detailed inspection in accordance with procedures established under the Paris MoU. However, a ship flying the flag of a State which is not a party to the CLC 92, the Bunkers Convention, 2001, or the Nairobi Convention shall not be automatically subject to a more detailed inspection if that ship carries the relevant certificate issued by a State which is a party to those conventions and the inspector performing the inspection decides that a more detailed inspection is unnecessary. That decision and the reasons therefore shall be recorded in the inspection database.4.Fishing vessels of less than 24 metres in length, warships, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive. For the purposes of this Directive, a fishing vessel’s length shall be determined in accordance with the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.’;

(b)the following paragraph is inserted:‘4a.Member States may carry out port State control inspections of fishing vessels of 24 metres in length and over. The Commission, in cooperation with the State signatories to the Paris MoU, may adopt guidelines establishing the detailed arrangements for such a parallel and separate specific port State control regime for those fishing vessels.’;