OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community monitoring, control and information system for maritime traffic and repealing Directive 93/75/EEC AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2000/0325 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community monitoring, control and information system for maritime traffic and repealing Directive 93/75/EEC

1. INTRODUCTION

Article 251(2)(c) of the EC Treaty lays down that the Commission shall deliver an opinion on the amendments proposed by the European Parliament at the second reading.

The Commission therefore delivers the following opinion on the amendments proposed by Parliament.

2. BACKGROUND

a) On 8.12.2000, the Commission transmitted to the Council and the European Parliament its proposal for a Directive (COM(2000)802 final - COD 2000/0325 of 6.12.2000).

b) The Economic and Social Committee delivered a favourable opinion on 30-31/05.2001.

c) The Committee of the Regions delivered a favourable opinion on 13.06.2001.

d) On 14.6.2001, the European Parliament, at its first reading, delivered its opinion containing certain amendments to the Commission proposal.

e) On 12.10.2001 (COM(2001)592 final), the Commission adopted, in accordance with Article 250(2) of the Treaty, an amended proposal incorporating, wholly or in part, the amendments adopted by Parliament (COM final).

f) The Council adopted its common position on 19.12.2001.

g) On 10.4.2002, the European Parliament adopted, at the second reading, a resolution containing nine amendments to the common position.

3. OBJECTIVE OF THE PROPOSED DIRECTIVE

The proposal concerns the establishment of a Community monitoring, control and information system for maritime traffic which would improve maritime safety, prevent pollution by ships and facilitate search and rescue operations in the event of accidents.

The main points of the proposal are as follows:

- obligation on ships to comply with ship routing systems, ship reporting systems and vessel traffic services; obligation on Member States to furnish themselves with appropriate shore-based installations;

- obligation to carry certain equipment on board: automatic identification systems (AIS) and voyage data recorders (VDR or "black boxes" used in accident investigations);

- standardisation of the procedure for the transmission of information to the competent national authorities concerning dangerous or polluting goods carried on board, using computers;

- better identification and monitoring of ships posing a potential risk for safety or the environment;

- more stringent requirements on ships regarding the notification of incidents and pollution at sea and cooperation with the authorities on shore;

- ban on leaving port in the event of exceptionally bad weather or a serious risk of pollution;

- obligation on Member States to draw up plans to accommodate ships in distress in places of refuge along their coast;

- obligation to cooperate in the future development of the Community maritime traffic network.

4. OPINION OF THE COMMISSION ON THE AMENDMENTS BY THE EUROPEAN PARLIAMENT

Parliament adopted nine amendments to the common position of the Council at the second reading.

The Commission accepts all the amendments proposed by the European Parliament.

4.1 Amendments 1 (recital) and 3: Ban on leaving port in bad weather (Article 18 of the common position)

These amendments introduce the following elements:

a) Greater clarity in the wording of the common position.

b) Indication that the measures taken by the authorities may include a refusal to allow a ship not only to leave a port but also to enter a port.

c) Obligation on the captain to inform the authorities of the decision taken.

d) Obligation on the competent authorities to take measures to limit as far as possible, or if necessary, prohibit bunkering operations in territorial waters.

The Commission is able to accept these amendments.

4.2 Amendments 2 (recital) and 4: Places of refuge (Article 20 of the common position)

Parliament wants the plans to accommodate ships in distress to contain, where the Member States consider this necessary and feasible, provisions concerning the equipment of the places of refuge with the appropriate means of assistance, rescue and pollution control. .

Parliament is also reintroducing an amendment approved in the first reading and rejected by the Council which concerns the obligation on Member States to inform the Commission on refuge plans. However, the European Parliament is now proposing that the information should be transmitted to the Commission within 18 months of the entry into force of the Directive and not within 12 months as in the first reading.

The Commission is able to accept these amendments.

4.3. Amendments 5 and 6: Evaluation of the implementation of the Directive (Article 26 of the common position)

Parliament is extending the scope of the evaluation to Articles 22 (Information from the parties concerned on the designation of the competent authorities) and 25 (Penalties).

In addition, Parliament proposes that the Commission should examine, as part of its evaluation, the need for and feasibility of measures at Community level aiming at facilitating the recovery or compensation of costs and damages incurred for the accommodation of ships in places of refuge, including the question of compulsory insurance. The Commission should report, within three years, the results of this examination to the European Parliament and the Council.

The Commission is able to accept these amendments.

4.4. Amendments 7, 8 and 9: Bringing forward of timetable for the carriage of transponders (AIS) on board ships (Annex II of the Directive)

Having regard to the work underway in the IMO (International Maritime Organisation) in connection with anti-terrorist measures, in order to improve the methods of detecting and identifying ships, it is probable that the timetable contained in the Commission proposal will be brought forward at international level. The purpose of the Parliament's amendments is to take into account, for each of the categories of ships concerned, a probable decision by the IMO aimed at speeding up the introduction of transponders.

The Commission is able to accept these amendments.

5. CONCLUSION

In accordance with Article 250(2) of the EC Treaty, the Commission is hereby amending its proposal in accordance with the results of the second reading in Parliament as set out above.