4.2 Subsidiarity
The principle of subsidiarity, as defined in Article 5(3) TEU, requires that the EU may only take action if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States acting individually and can therefore be better achieved at Union level.(1) See Protocol (No 2) on the application of the principles of subsidiarity and proportionality, OJ C 115/206, 9 May 2008, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12008E/PRO/02 This principle is particularly relevant in the context of maritime safety, due to its technical nature and global implications. From the perspective of technical expertise, EU ROs and flag States possess specialised knowledge of ship systems, local conditions, and evolving technologies. This expertise is often more granular and up-to-date than can be maintained at the EU level.
As for adapting safety standards to specific maritime environments, Member States and their ROs with local specialised competence are often better equipped than the EU to address and adapt safety standards to specific maritime conditions, fleet-specific profiles, local conditions and distinct national priorities.(2) Indeed, Recital 13 of Directive 2009/15/EC recognises that ”A Member State may restrict the number of recognised organisations it authorises in accordance with its needs, based on objective and transparent grounds, subject to control exercised by the Commission in accordance with a committee procedure”.
In the global maritime context, flag States play a crucial role in representing their maritime interests in international forums like the IMO. An overly prescriptive EU approach could undermine this important function.
Amid rapid technological shifts, including autonomous vessels and smart systems, speedy adaptation of safety standards is critical. Member States and EU ROs generally stand closer to these developments, enabling faster responses than a centralised EU mechanism.
Lastly, the effectiveness of the current framework – where the EU provides general guidelines and Member States implement them through EU ROs – has proven effective. Uncertainty remains as to whether expanding mutual recognition and centralising these decisions would yield better results while still maintaining safety, but it is clear that the centralisation measures that have been taken have been with the intention of bettering safety.
Therefore, expanding the mutual recognition scheme could contravene the principle of subsidiarity by centralising decisions that are more effectively made at the Member State level.