Opinion of the Committee of the Regions on:

- a "Proposal for a Regulation of the European Parliament and of the Council concerning the Committee on Safe Seas and amending the Regulations on maritime safety and the prevention of pollution from ships", and

- a "Proposal for a Directive of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships"

(2001/C 253/01)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Regulation of the European Parliament and of the Council concerning the Committee on Safe Seas and amending the Regulations on maritime safety and the prevention of pollution from ships, and the Proposal for a Directive of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships [COM(2000) 489 final - 2000/0236 and 2000/0237 (COD)](1);

having regard to the decision of the European Council on 6 October 2000 to consult the Committee, in accordance with Articles 265(1) and 80 of the Treaty establishing the European Community;

having regard to the decision of its President on 7 November 2000 to instruct Commission 3 for Trans-European Networks, Transport and the Information Society to draw up the opinion;

having regard to the Communication from the Commission to the European Parliament and the Council on the Safety of the seaborne oil trade; Proposal for a Directive of the European Parliament and of the Council amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control); Proposal for a Directive of the European Parliament and of the Council amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations; Proposal for a Regulation of the European Parliament and of the Council on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers [COM(2000) 142 final - 2000/0065 (COD) - 2000/0066 (COD) - 2000/0067 (COD)] (CdR 165/2000 fin);

having regard to the Communication from the European Commission to the Council and the European Parliament on Integrated Coastal Zone Management: A Strategy for Europe (COM(2000) 547 final), and Proposal for an European Parliament and Council Recommendation concerning the implementation of Integrated Coastal Zone Management in Europe [COM(2000) 545 final - 2000/0227 (COD)];

having regard to the Conventions and Codes drafted by the International Maritime Organisation and International Labour Organisation, for example: International Convention for the Safety of Life at Sea (SOLAS), 1960 & 1974; Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972; International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL)73/78); International Safety Management Code (ISM), 1993;

having regard to Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1999/468/EC(2);

having regard to the following international treaties and Conventions: 1982 UNCLOS III International Law of the Sea; 1992 UNCED Rio Earth Summit; Agenda 21 (Chapter 17 on Oceans); the Paris Memorandum of Understanding on Port State Control, the ongoing work of the International Commission on Shipping (due to report in Sydney in March 2001) on coastal and port state control procedures as well as the conventions and codes set out under the IMO and ILO conventions;

having regard to the draft opinion adopted by Commission 3 on 7 February 2001 (CdR 405/2000 rev.) (rapporteur: Dr Walsh, UK/ELDR),

adopted the following opinion unanimously at its 38th plenary session on 4 and 5 April 2001 (meeting of 4 April).

THE COMMITTEE OF THE REGIONS' VIEWS AND RECOMMENDATIONS

1. Introduction - the European Commission's proposal

1.1. Two separate proposals have been made:

- A proposal for a European Parliament and Council Regulation, which sets up the Committee on Safe Seas and lays down procedures governing its operation and its scope. The proposal also provides for amending existing regulations in the field of maritime safety, both to take account of the creation of the Committee on Safe Seas and to facilitate their subsequent updating.

- A proposal for a European Parliament and Council Directive, the aim of which is to amend the existing directives in the field of maritime safety in order to take account of the establishment of the Committee on Safe Seas and to facilitate their subsequent updating.

1.2. The proposals are designed to replace the five existing committees by the Committee on Safe Seas, a regulatory committee composed of representatives of the Member States and chaired by the representative of the Commission. It would also replace the regulatory procedure applicable to the existing regulations and directives, based on Decision 87/373/EEC by the new regulatory procedure adopted recently by Council Decision 1999/468/EC (28 June 1999) laying down the procedures for the exercise of implementing powers conferred on the Commission with regard to Community legislation in the field of maritime safety.

1.3. Decision 1999/468/EC simplifies the above procedures and ensures greater involvement and more comprehensive information to the European Parliament and the general public regarding the use of these powers and in particular the work of the committees. According to the Commission, the establishment of a Committee on Safe Seas would have positive practical effects such as a reduction in the number of meetings and lower costs in organising and running them.

2. General comments for the CoR

2.1. It is a long standing policy of the CoR demonstrated in a string of past opinions that given the international character of shipping, international standards are the most effective means of improving maritime safety and environmental protection. Updating of regulations and directives to keep in step with developments in international standards and technical progress is an important task for the Commission and the Member States. This Committee has emphasised strongly in its previous report(3), the urgent need to improve technical standards in shipping and provide better training for seafarers.

2.2. The CoR recognises the dual nature of policy making in the maritime sector with, on the one hand, the demand for shipping driven by consumption and, on the other, the concerns by our citizens for their environment.

3. Specific comments

3.1. CoR welcomes the proposals from the European Commission as they have a positive impact on the simplification and acceleration of internal procedures for amending EU legislation in the field of maritime safety.

3.2. Specifically, the CoR welcomes the Commission's intention, through the proposed Committee's work, to achieving a straightforward procedure for the effective updating of directives and regulations.

3.3. With regard to the function of the Committee on Safe Seas, the CoR is concerned to see that the environmental and coastal dimension of maritime policy does not feature prominently within the Committee's remit. The Committee on Safe Seas provides a unique opportunity to take a holistic approach to the implementation of all maritime safety, pollution and environmental concerns that feature within the existing directives.

3.4. From a local and regional perspective, the CoR would like the proposal to consider how the committee should take into consideration the dimension of the marine environment.

3.5. Within a complex legal structure at International, European, national and regional level, the CoR urges the Commission to facilitate and continue debate within the committee on the most appropriate and enforceable procedures. To this end a rationalisation of the existing regulations and directives is welcomed where it contributes to an additional added value in the field of maritime safety.

3.6. The CoR urges the Commission to differentiate clearly between the terms of reference on the Committee on Safe Seas and the future proposal on the creation of a European Maritime Safety Agency that the CoR is looking forward to seeing in future maritime safety proposals.

3.7. Notwithstanding the basis upon which the European Commission has proposed the new rationalised committee structures, the CoR would recommend strongly that the Commission give due consideration to the involvement of regional experts in the preparation of future EU Maritime policy emanating from International Treaties and Conventions.

3.8. When considering future amendments to various EU regulations and directives within the remit of the committee on Safe Seas the CoR urges the European Commission to give due consideration to all international Treaties and Conventions with an impact on maritime safety and the environment.

3.9. The CoR reminds the European Commission of the obligations placed on its Member States by International Treaties and Conventions. These include 1982 UNCLOS III International Law of the Sea, 1992 UNCED Rio Earth Summit and Agenda 21 (Chapter 17 on Oceans), the Paris Memorandum of Understanding on Port State Control, the ongoing work of the International Commission on Shipping (due to report in Sydney in March 2001 on coastal and port state control procedures) as well as the conventions and codes set out under the IMO and ILO conventions.

3.10. The CoR urges the Commission and the Member States that due consideration be given to practitioners when drafting laws in an already very complex International, European, national and regional Framework. The CoR as representatives of local and regional authorities underline the importance of the new proposed Committee in providing rapid and coherent advice for amendments to EU maritime legislation.

3.11. CoR stresses the important role played by local and regional authorities in the longer-term socio-economic and environmental impacts of marine pollution. It is therefore important that the regional dimension is respected in the implementation of directives and regulations as part of the remit of this committee.

3.12. The CoR reminds the Commission and Member States of the continuing need for the Member States to provide points of refuge whilst implementing and upholding strict environmental standards in European Waters. Simplified legal interpretation is required to ensure mariners can have a more simplified and straightforward legal environment to take effective decisions when navigating in European Waters.

4. Conclusions

4.1. The CoR fully supports the proposed role of the Committee on Safe Seas. However, it urges the Commission and the Member States to focus on the practical implementation of legislation in the shipping industry if the negative impact of future maritime incidents is to be limited.

4.2. The CoR has consistently viewed the issues of maritime safety and marine environmental protection in an integrated manner and believes that it is essential to treat this proposal with a holistic approach.

4.3. Conscious of the international dimension of shipping, the CoR is keen to ensure that the implications of change within European practice do not force problems of shipping offshore, creating negative impacts elsewhere in the world. The European Commission should continue to work actively with its Member States and the International Maritime Organisation on this issue.

4.4. As a representative body of local and regional authorities, the CoR looks forward to a simplified and coherent maritime policy at the EU level which should contribute to a reduction in unnecessary accidents in the future.

Brussels, 4 April 2001.

The President

of the Committee of the Regions

Jos Chabert

(1) OJ C 365 E, 19.12.2000, p. 276-279, 280-283.

(2) OJ L 269, 19.10.1999, p. 45.

(3) CdR 165/2000 fin -OJ C 22, 24.1.2001, p. 19.