EN Official Journal of the European Union C 161/93

Opinion of the European Economic and Social Committee on the ‘Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC’

COM(2012) 772 final — 2012/0358 (COD)

2013/C 161/18

Rapporteur: Dr BREDIMA

On 15 January 2013, the Council and the European Parliament decided to consult the European Economic and Social Committee, under Articles 100(2) and 304 of the Treaty on the Functioning of the European Union, on the

Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC

COM(2012) 772 final — 2012/0358 (COD).

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 February 2013.

At its 488th plenary session, held on 20 and 21 March 2013 (meeting of 20 March), the European Economic and Social Committee adopted the following opinion by 113 votes to 1 with 1 abstention.

1. Conclusions

1.1 The Committee welcomes the Commission proposal for a new Directive on marine equipment (the "MED") and endorses its overarching purposes. The proposal ensures the harmonised implementation of the International Maritime Organization (IMO) standards on such equipment and guarantees the proper functioning of the internal market for marine equipment, thereby enhancing maritime safety and pollution prevention.

1.2 The EESC fully subscribes to the approach of the Directive that a) requires conformity of marine equipment to be placed on board EU flag ships with the standards of the IMO instruments; b) brings under its scope any other equipment that may fall within the scope of instruments of EU law; c) provides for mutual recognition of compliant equipment and acceptance of equivalent equipment; d) ensures the free movement of marine equipment within the EU and the elimination of technical barriers to trade within the internal market; and e) introduces a mechanism that simplifies and clarifies the transposition of amendments to IMO standards into the European and national legal frameworks.

1.3 The EESC believes that IMO develops standards and testing procedures for marine equipment well before its mandatory installation on board ships. The collective action of Member States to the IMO process will ensure that the objectives of the Directive are observed, without the need to resort to EU unilateral interim standards for equipment that eventually may not meet the IMO standards and may need to be replaced or "grandfathered". The persistence of regional standards based on a differing application of IMO standards may impair the competitiveness of the EU fleet and may lower safety and environmental protection levels.

1.4 The EESC believes that more clarity is needed regarding the scope and application of certain provisions of the Directive in connection with requirements regarding mutual recognition and acceptance of equipment, as contained in Regulation 613/91/EEC on the transfer of ships from one register to another within the Community, in Regulation on common rules and standards for ship inspection and survey organisations' and in the Agreement of 2004 on the mutual recognition of certificates of conformity for marine equipment between the United States of America and the EU.

2. The Commission proposal

2.1 The European Commission has identified four areas where Directive 96/98/EC on marine equipment does not fully meet its objectives. Stakeholders affected include European marine equipment manufacturers, including SMEs, shipyards, ship passengers, crews, and public administrations. The Commission sets out specific proposals to rectify its shortcomings and repeal it. The benefits of the proposed new Directive will be twofold: it will significantly improve the implementation of IMO standards within the EU, reduce safety risks and facilitate the smooth functioning of the internal market for marine equipment, by shortening and simplifying the procedures for transposition of amendments to those standards. In parallel, the Directive will simplify the regulatory environment and give a boost for the EU marine equipment industry.

3. General comments

3.1 The marine equipment industry is a high added value, leader industry and net exporter sector with high levels of investment in R&D, 5 000–6 000 companies and 300 000 jobs. The proposed Directive will mean improved safety for EU ships and crews and a boost for the marine equipment industry with the creation of jobs and growth.

3.2 Marine equipment refers to any equipment on board a ship which may be supplied in the process of shipbuilding or retrofitted on ships later. It also covers offshore activities and includes a wide range of products from navigational equipment, cargo equipment to firefighting and lifesaving equipment as well as specialised equipment for environmental purposes: e.g. ballast water management equipment or scrubbers for SOx emissions. The value of marine equipment constitutes 40-80 % of the value of new ships. The proposal will reduce costs for business and strengthen the competitiveness of the EU industry.

3.3 The EESC recalls its opinion on the proposal for Directive 96/98/EC (1) on marine equipment which strongly supported the same underlying objectives of the present proposal.

3.4 The EESC fully subscribes to the approach of the proposed Directive and supports its objectives, which will strengthen the existing regulatory regime, and most importantly will facilitate the timely transposition of amendments to IMO standards into EU law.

3.5 The EESC appreciates the priority given to the international regulations of maritime safety, consistent with the global nature of shipping. The provisions empowering the Commission to adopt implementing acts for updating the EU legislation and to adopt common criteria and procedures for the application of these requirements and standards and to publish relevant information will further the objectives of the Directive.

4. Specific comments

4.1 Article 2 – Definitions

The EESC agrees with the inclusion in the list of international conventions of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (2004) that is expected to enter into force in the near future. It suggests the deletion from the list of the International Convention on Load Lines (1966) as there is no provision for equipment under it.

4.2 Article 3 – Scope

4.2.1 For the sake of legal clarity it would be appropriate to explicitly clarify that the Directive shall not apply to equipment which on the date of the entry into force of this Directive has already been placed on board a ship.

4.2.2 The EESC understands that the very helpful provision of paragraph 2 that marine equipment will be subject only to the new Directive refers to conformity aspects. It should be clarified whether this clear-cut statement also covers aspects of mutual recognition and acceptance of equipment under Regulation 613/91/EEC on the transfer of ships from one register to another within the Community and under Regulation 391/2009/EC on common rules and standards for ship inspection and survey organisations.

4.3 Article 4 – Requirements for marine equipment

The provision for the automatic application of IMO Conventions and other instruments in their up-to-date version does not any more necessitate amendments to the Directive and the inclusion of lists with equipment as currently exist in Annexes A.I and A.II

4.4 Article 5 – Application

In order to avoid any misinterpretation of the expression "international instruments which are applicable to equipment already placed on board" it should be made clear that it refers to the requirements in force at the time of installation, unless requirements subsequently adopted by the IMO apply to equipment already placed on board ships.

4.5 Article 6 – Functioning of the internal market

This article provides the basis for the free movement of marine equipment within the EU, based on the concept of mutual recognition between Member States of equipment complying with the requirements laid down in the Directive. The article also refers to placing on board an EU ship of marine equipment, presumably also outside the EU. However, this concept may be weakened through the application of Articles 7.2 (referring to the replacement of non-equivalent equipment), Article 32.6 (giving the right to receiving states to repeat tests of innovative equipment), and Article 34.4 (opening the possibility of not accepting the replaced equivalent equipment outside EU).

4.6 Article 7 – Transfer of a ship to the register of a Member State

Paragraph 2 stipulates that if the equipment is not considered by the Administration to be equivalent, it shall be replaced. The EESC wonders whether in such cases – and taking into account IMO regulations on mutual acceptance of certificates – it would be reasonable for the receiving States to follow the procedure of Article 5 of Regulation 613/1991 (which requires prior notification to the Commission in cases of transfer of flags between member States).

4.7 Article 8 – Standards for marine equipment

The EESC wonders whether the EU and not its Member States should pursue the development of the IMO international standards. In any case, IMO develops standards and testing procedures for marine equipment well before its mandatory installation on board ships. The collective action of Member States to the IMO process will ensure that the objectives of the Directive are observed, without the need to resort to EU unilateral interim standards for equipment that eventually may not meet the IMO standards and may need to be replaced or "grandfathered".

4.8 Articles 9 to 11 – The wheel mark

Approved marine equipment installed on board a ship will be able to circulate freely in all Member States because it will bear a Community mark – the wheel mark – demonstrating its compliance with the IMO/MED requirements. The EESC supports the possibility to supplement or replace the wheel mark with electronic tags which facilitate the inspection of ships calling at EU ports and helps combating counterfeiting.

4.9 Article 26 – Coordination of notified bodies

The EESC endorses the proposal for the establishment by "notified bodies" of a cooperative group, that may mirror the International Association of Classification Societies with its EU recognised organisations performing also the task of notified bodies.

Brussels, 20 March 2013. The President of the European Economic and Social Committee Staffan NILSSON

(1) EESC opinion on the Proposal for a Council Directive on marine equipment, OJ C 97, 1.4.1996, p. 22; EESC opinion on Transfer/ships register, OJ C 80, 30.3.2004, pp. 88-91.