As the European Union (EU) cannot become a member of the International Maritime Organization (IMO), its external competences relating to the IMO’s work in the shipping sector can only be exercised by the Member States, acting jointly in the interest of the EU. This article explores in what capacity the Member States act in the IMO and argues that, in line with the Court’s recent judgment in Case C-161/20 (IMO II), the Member States act in their own name in the IMO, as trustees of the EU interest. Proposals or other submissions to IMO bodies cannot, therefore, be submitted ‘on behalf of the EU’ anymore. Still, despite its indirect influence on IMO affairs, the EU institutions can give the necessary instructions for Member State action in order to align it with the common position coordinated at EU level, the Member States being obliged to follow the Union instructions as a consequence of the duty of sincere cooperation (Article 4(3) TEU).
Cathleen Berg (Mon,) studied this question.