29.10.2019   

EN

Official Journal of the European Union

L 276/56


DECISION NO 2/2019 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE MEETING IN TRADE CONFIGURATION

of 4 October 2019

concerning the update of Annex XXVIII-D (Rules applicable to international maritime transport) to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part 2019/1807

THE ASSOCIATION COMMITTEE,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Brussels on 27 June 2014, and in particular Articles 85, 253, 436, 438 and 449 thereof,

Whereas:

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (‘the Agreement’) entered into force on 1 July 2016.

(2)

Articles 85 and 253 of the Agreement provide that the Republic of Moldova is to carry out approximation of its legislation to the EU acts and international instruments (‘the Union acquis’) referred to in Annex XXVIII-D (Rules applicable to international maritime transport) to the Agreement (‘Annex XXVIII-D’).

(3)

The Union acquis referred to in Annex XXVIII-D has evolved since the conclusion of negotiations of the Agreement in June 2013. In particular, the Union adopted the following acts that implement, amend, supplement or replace the acts referred to in Annex XXVIII-D:

(i)

Commission Implementing Directive 2014/111/EU of 17 December 2014 amending Directive 2009/15/EC with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols1;

(ii)

Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols (1);

(iii)

Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (2);

(iv)

Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (3);

(v)

Commission Directive 2014/100/EU of 28 October 2014 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system (4);

(vi)

Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (5) and Corrigendum to Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (6);

(vii)

Commission Directive (EU) 2015/2087 of 18 November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues (7);

(viii)

Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control (8);

(ix)

Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (9);

(x)

Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships (10);

(xi)

Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (11);

(xii)

Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance, as amended by Commission Implementing Regulation (EU) No 1205/2012 (12);

(xiii)

Directive 2009/17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system (13);

(xiv)

Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (14);

(xv)

Commission Directive 2011/15/EU of 23 February 2011 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system (15);

(xvi)

Commission Regulation (EU) No 1286/2011 of 9 December 2011 adopting a common methodology for investigating marine casualties and incidents developed pursuant to Article 5(4) of Directive 2009/18/EC of the European Parliament and of the Council (16);

(xvii)

Commission Regulation (EC) No 540/2008 of 16 June 2008 amending Annex II to Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management (ISM) Code within the Community, as regards format of forms (17);

(xviii)

Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (18);

(xix)

Commission Directive 2005/12/EC of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC of the European Parliament and of the Council on specific stability requirements for ro-ro passenger ships (19);

(xx)

Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (20);

(xxi)

Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers (21);

(xxii)

Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (22);

(xxiii)

Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues (23);

(xxiv)

Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation (24);

(xxv)

Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Association (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (25).

(4)

The Republic of Moldova continues the process of approximating its legislation to the Union acquis, in accordance with the timelines and priorities set out in Annex XXVIII-D. In order to ensure proper approximation of the legislation of the Republic of Moldova to the Union acquis, the acts listed under recital (3) should be added to the list set out in Annex XXVIII-D, and certain deadlines should be amended to take into account the progress already made to date by the Republic of Moldova in the process of approximation to the Union acquis, in accordance with Article 449 of the Agreement.

(5)

Article 436(3) of the Agreement provides that the EU-Republic of Moldova Association Council (‘the Association Council’) shall have the power to update or amend the Annexes to the Agreement.

(6)

Pursuant to Article 438(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

(7)

By Decision No 3/2014 (26)the Association Council delegated the power to update or amend the Annexes to the Agreement which relate, inter alia, to Chapter 6 (Establishment, trade in services and electronic commerce) of Title V (Trade and Trade-related Matters) of the Agreement to the Association Committee meeting in Trade configuration, to the extent that there are no specific provisions in Chapter 6 relating to the update or the amendment of those Annexes. There are no specific provisions in Chapter 6 relating to the update or the amendment of the Annexes.

(8)

Annex XXVIII-D should therefore be updated accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex XXVIII-D (Rules applicable to international maritime transport) to the Agreement is replaced by the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Chişinău, 4 October 2019.

For the Association Committee in Trade Configuration

I. COSTACHI

The Chair

A. FERNÁNDEZ DÍEZ C. CEBAN

Secretaries


(1)  OJ L 365, 19.12.2014, p. 82.

(2)  OJ L 257, 28.8.2014, p. 146.

(3)  OJ L 123, 19.5.2015, p. 55.

(4)  OJ L 308, 29.10.2014, p. 82.

(5)  OJ L 141, 28.5.2016, p. 51.

(6)  OJ L 193, 19.7.2016, p. 117.

(7)  OJ L 302, 19.11.2015, p. 99.

(8)  OJ L 218, 14.8.2013, p. 1.

(9)  OJ L 330, 10.12.2013, p. 1.

(10)  OJ L 125, 21.5.2010, p. 2.

(11)  OJ L 241, 14.9.2010, p. 1.

(12)  OJ L 241, 14.9.2010, p. 4.

(13)  OJ L 131, 28.5.2009, p. 101.

(14)  OJ L 131, 28.5.2009, p. 114.

(15)  OJ L 49, 24.2.2011, p. 33.

(16)  OJ L 328, 10.12.2011, p. 36.

(17)  OJ L 157, 17.6.2008, p. 15.

(18)  OJ L 162, 29.6.2010, p. 1.

(19)  OJ L 48, 19.2.2005, p. 19.

(20)  OJ L 172, 30.6.2012, p. 3.

(21)  OJ L 343, 14.12.2012, p. 78.

(22)  OJ L 324, 29.11.2002, p. 53.

(23)  OJ L 329, 14.12.2007, p. 33.

(24)  OJ L 156, 14.6.2008, p. 10.

(25)  OJ L 124, 20.5.2009, p. 30.

(26)  Decision No 3/2014 of the EU-Republic of Moldova Association Council of 16 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (OJ L 110, 29.4.2015, p. 40).


ANNEX

‘ANNEX XXVIII-D

RULES APPLICABLE TO INTERNATIONAL MARITIME TRANSPORT

The Republic of Moldova undertakes to gradually approximate its legislation to the following EU acts and international instruments within the stipulated timeframes.

Maritime safety — Flag state/classification societies

Commission Implementing Directive 2014/111/EU of 17 December 2014 amending Directive 2009/15/EC with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols

Timetable: the provisions of Implementing Directive 2014/111/EU shall be implemented within five years of the entry into force of this Agreement.

Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, as amended by Commission Implementing Directive 2014/111/EU

Timetable: the provisions of Directive 2009/15/EC shall be implemented within five years of the entry into force of this Agreement.

Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols

Timetable: the provisions of Implementing Regulation (EU) No 1355/2014 shall be implemented within five years of the entry into force of this Agreement.

Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations, as amended by Commission Implementing Regulation (EU) No 1355/2014

Timetable: the provisions of Regulation (EC) No 391/2009 shall be implemented within five years of the entry into force of this Agreement.

Flag State

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements

Timetable: the provisions of Directive 2009/21/EC shall be implemented within five years of the entry into force of this Agreement.

Port State Control

Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control

Timetable: the provisions of Directive 2013/38/EU shall be implemented within five years of the entry into force of this Agreement.

Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC

Timetable: the provisions of Regulation (EU) 2015/757 shall be implemented within five years of the entry into force of this Agreement.

Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC

Timetable: the provisions of Regulation (EU) No 1257/2013 shall be implemented within five years of the entry into force of this Agreement.

Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships

Timetable: the provisions of Regulation (EU) No 428/2010 shall be implemented within five years of the entry into force of this Agreement.

Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria

Timetable: the provisions of Regulation (EU) No 801/2010 shall be implemented within five years of the entry into force of this Agreement.

Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance amended by Commission Implementing Regulation (EU) No 1205/2012

Timetable: the provisions of Regulation (EU) No 802/2010 shall be implemented within five years of the entry into force of this Agreement.

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, as amended by Directive 2013/38/EU of the European Parliament and of the Council, Regulation (EU) 2015/757 of the European Parliament and of the Council and Regulation (EU) No 1257/2013 of the European Parliament and of the Council and as implemented by Commission Regulation (EU) No 428/2010, Commission Regulation (EU) No 801/2010 and Commission Regulation (EU) No 802/2010

Timetable: the provisions of Directive 2009/16/EC shall be implemented within five years of the entry into force of this Agreement.

Vessel Traffic Monitoring

Directive 2009/17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system

Timetable: the provisions of Directive 2009/17/EC shall be implemented within four years of the entry into force of this Agreement.

Commission Directive 2011/15/EU of 23 February 2011 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system

Timetable: the provisions of Directive 2011/15/EU shall be implemented within four years of the entry into force of this Agreement.

Commission Directive 2014/100/EU of 28 October 2014 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system

Timetable: the provisions of Directive 2014/100/EU shall be implemented within four years of the entry into force of this Agreement.

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC, as amended by Directive 2009/17/EC of the European Parliament and of the Council, Commission Directive 2011/15/EU and Commission Directive 2014/100/EU

Timetable: the provisions of Directive 2002/59/EC shall be implemented within four years of the entry into force of this Agreement.

Accident Investigation

Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro- ro ferry and high-speed passenger craft services, as amended by Directive 2009/18/EC of the European Parliament and of the Council

Timetable: the provisions of Directive 1999/35/EC shall be implemented within four years of the entry into force of this Agreement.

Commission Regulation (EU) No 1286/2011 of 9 December 2011 adopting a common methodology for investigating marine casualties and incidents developed pursuant to Article 5(4) of Directive 2009/18/EC of the European Parliament and of the Council

Timetable: the provisions of Regulation (EU) No 1286/2011 shall be implemented within four years of the entry into force of this Agreement.

Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council

Timetable: the provisions of Directive 2009/18/EC shall be implemented within four years of the entry into force of this Agreement.

Liability of carriers of passengers

Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents

Timetable: the provisions of Regulation (EC) No 392/2009 shall be implemented within three years of the entry into force of this Agreement.

Commission Regulation (EC) No 540/2008 of 16 June 2008 amending Annex II to Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management (ISM) Code within the Community, as regards format of forms

Timetable: the provisions of Regulation (EC) No 540/2008 shall be implemented within five years of the entry into force of this Agreement.

Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95, as amended by Commission Regulation (EC) No 540/2008

Timetable: the provisions of Regulation (EC) No 336/2006 shall be implemented within two years of the entry into force of this Agreement.

Technical and operational rules

Marine equipment

Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC

Timetable: the provisions of Directive 2014/90/EU shall be implemented within five years of the entry into force of this Agreement.

Passenger ships

Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships

Timetable: the provisions of Directive 2010/36/EU shall be implemented within five years of the entry into force of this Agreement.

Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships, as amended by Commission Directive 2010/36/EU and Commission Directive (EU) 2016/844

Timetable: the provisions of Directive 2009/45/EC shall be implemented within five years of the entry into force of this Agreement.

Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships

Timetable: the provisions of Directive (EU) 2016/844 shall be implemented within five years of the entry into force of this Agreement.

Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services

Timetable: the provisions of Directive 1999/35/EC shall be implemented within four years of the entry into force of this Agreement.

Commission Directive 2005/12/EC of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC of the European Parliament and of the Council on specific stability requirements for ro-ro passenger ships

Timetable: the provisions of Directive 2005/12/EC shall be implemented within five years of the entry into force of this Agreement.

Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships, as amended by Commission Directive 2005/12/EC

Timetable: the provisions of Directive 2003/25/EC shall be implemented within five years of the entry into force of this Agreement.

Oil tankers

Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

Timetable: the provisions of Regulation (EU) No 530/2012 shall be implemented within four years of the entry into force of this Agreement.

Bulk carriers

Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

Timetable: the provisions of Directive 2001/96/EC shall be implemented within three years of the entry into force of this Agreement.

Crew

Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers

Timetable: the provisions of Directive 2012/35/EU shall be implemented within four years of the entry into force of this Agreement.

Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers, as amended by Directive 2012/35/EU of the European Parliament and of the Council

Timetable: the provisions Directive 2008/106/EC shall be implemented within four years of the entry into force of this Agreement.

Environment

Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues

Timetable: the provisions of Directive 2007/71/EC shall be implemented within five years of the entry into force of this Agreement.

Commission Directive (EU) 2015/2087 of 18 November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues

Timetable: the provisions of Directive (EU) 2015/2087 shall be implemented within five years of the entry into force of this Agreement.

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues, as amended by Commission Directive 2007/71/EC and Commission Directive (EU) 2015/2087

Timetable: the provisions of Directive 2000/59/EC shall be implemented within five years of the entry into force of this Agreement.

Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships

Timetable: the provisions of Directive 2002/84/EC shall be implemented within five years of the entry into force of this Agreement.

Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation

Timetable: the provisions of Regulation (EC) No 536/2008 shall be implemented within four years of the entry into force of this Agreement.

Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships, as amended by Commission Regulation (EC) No 536/2008

Timetable: the provisions of Regulation (EC) No 782/2003 shall be implemented within four years of the entry into force of this Agreement.

Technical conditions

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC

Timetable: the provisions of Directive 2010/65/EU shall be implemented within three years of the entry into force of this Agreement.

Social conditions

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels

Timetable: the provisions of Directive 92/29/EEC shall be implemented within three years of the entry into force of this Agreement.

Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) — Annex: European Agreement on the organisation of working time of seafarers and amended by Council Directive 2009/13/EC

Timetable: the provisions of Directive 1999/63/EC shall be implemented within four years of the entry into force of this Agreement.

Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Association (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

Timetable: the provisions of Directive 2009/13/EC shall be implemented within four years of the entry into force of this Agreement.

Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community ports

Timetable: the provisions of Directive 1999/95/EC shall be implemented within three years of the entry into force of this Agreement.

Maritime security

Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security

Timetable: the provisions of Directive 2005/65/EC, except those concerning Commission inspections, shall be implemented within two years of the entry into force of this Agreement.

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security

Timetable: the provisions of Regulation (EC) No 725/2004, except those concerning Commission inspections, shall be implemented within two years of the entry into force of this Agreement.