Amended 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

At its plenary sitting on 13 February 2001 the European Parliament approved, subject to 12 amendments, 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.

The Commission welcomes most of Parliament's amendments and broadly approves their objectives.

It accepts, in some cases with a few changes to the form of the text:

* The amendments serving as a reminder that the proposed Committee will be responsible not only for maritime safety but also for the prevention of pollution from ships, protection of the marine environment and shipboard living and working conditions. The Commission can accept this aim since it is true that part of the Community legislation in question deals with prevention of pollution from ships and shipboard living and working conditions. By contrast, the only point which the Commission has not included in its amended proposal is protection of the marine environment, which is covered by environmental legislation (which includes, for example, pollution from land-based sources) and does not fall within the scope of the Community legislation on safety and pollution prevention. The Commission has added the prevention of pollution from ships to the Committee's name. However, for clarity, throughout the text the Committee on Safe Seas and the Prevention of Pollution from Ships is referred to as "COSS".

* The amendments serving as a reminder of the role of the European Parliament in the regulatory procedure, although the wording proposed must be aligned on the standard wording approved at inter-institutional level for the committees procedure.

* The amendment to make it clear that amendment to the legislation by the conformity checking procedure provided for in Article 4 is possible only if the Commission or a Member State certifies that there is a risk to safety or of incompatibility with the Community legislation on maritime safety. The basic objective of this amendment is to clarify the conditions under which the conformity checking procedure may be initiated (i. e. when such a risk is found to exist). In this context, the Commission can agree that such clarification is useful, but has proposed rewording the clause to make it clearer and more precise. The Commission proposes maintaining the second subparagraph as originally proposed but adding a third subparagraph to paragraph 1 stating that the conformity checking procedure is initiated by the Commission on its own initiative, possibly at the request of a Member State.

Beyond that, the Commission also wishes to take account of new developments since it adopted its original proposals. In particular, in response to the ERIKA disaster the Commission has adopted a series of proposals for legislation, notably the proposal for a Regulation establishing a European Maritime Safety Agency submitted on 6 December 2000. This Agency is a completely different body from the Committee on Safe Seas proposed here. However, in the course of discussions within the European Parliament, the Council and other institutions such as the Economic and Social Committee and the Committee of the Regions it became clear that there was real confusion between the separate tasks of these two bodies. Consequently, as stated by the Economic and Social Committee in its opinion of 28 February and 1 March 2001, "there is a need to clearly define the role and competences of the European Maritime Safety Agency in order to avoid any risk of confusion or duplication of work with the Committee on Safe Seas."

The Commission therefore proposes amending its original proposal to clarify the role of the Committee on Safe Seas and the Prevention of Pollution from Ships. In particular, the objective is to make it clear that the Committee will act only strictly within the implementing powers conferred on the Commission under the Treaty and that this proposal will imply no extension of these powers. The main amendments made are to the definitions in Article 2 and to Article 4 on the conformity checking procedure. Article 4 in particular has raised many questions and requests for clarification of its exact scope and of its compatibility with the institutional rules in force. The amendments to the text:

- make it clear that COSS will intervene only in the fields already covered by the committees procedure in the legislation in force, without any extension of the powers of the existing committees. In particular, COSS will be responsible only for the international conventions expressly referred to by the Directives or Regulations in force. Consequently, the Commission will not be able to apply the committees procedures, particularly the conformity checking procedure, to other international conventions not referred to by the Regulation or Directive concerned;

- reiterate that the sole objective of the conformity checking procedure is to enable the European Community to react rapidly and effectively, in accordance with the principle of the primacy of Community law, in the, a priori exceptional, event of a conflict between an amendment to an international instrument in the process of adoption (particularly, during the six-month tacit acceptance period) and any Community Directive or Regulation implementing the existing version of the same international instrument.

Finally, this amended proposal takes account of the following recent developments:

* The adoption by the European Parliament and the Council of two further Directives:

- Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;

- Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers, which amends and repeals Council Directive 94/58/EC of 22 November 1994.

* The need to put right an omission from Directive 96/98/EC on marine equipment, which was drawn to the Commission's attention at a recent meeting of the Committee set up by the Directive. The current wording of Article 17 of Directive 96/98/EC specifying the measures which can be taken by the committee procedure does not allow updating of the conformity assessment procedure modules for the types of equipment listed in Annex AI. The Commission therefore proposes amending Article 17 so that the necessary changes can be made to Annex AI to Directive 96/98/EC by the committee procedure.

The Commission therefore hereby amends its proposal, as provided for by Article 250(2) of the Treaty.

2000/0237 (COD)

Amended 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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ C

Having regard to the opinion of the Economic and Social Committee, [2]

[2] OJ C

Having regard to the opinion of the Committee of the Regions, [3]

[3] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty, [4]

[4] OJ C

Whereas:

(1) The Directives in force in the field of maritime safety make reference to the committee set up by Council Directive 93/75/EEC [5] and, in certain cases, to an ad hoc committee set up by the pertinent directive. The existing directives provide that the committees thereby established are governed by the rules of Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission. [6]

[5] OJ L 247, 5.10.1993, p. 19. Last amended by Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).

[6] OJ L 197, 18.7.1987, p. 3.

(2) Decision 87/373/EEC was replaced by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. [7] As the measures necessary to implement the Directives in force in the field of maritime safety are measures of a general scope within the meaning of Article 2 of Decision 1999/468/EC, they should be adopted by the regulatory procedure laid down in Article 5 of the Decision.

[7] OJ L 184, 17.7.1999, p. 23.

(3) Regulation (EC) No .../2001 of the European Parliament and of the Council [8] has set up a committee, the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), to centralise the tasks of the committees established under the pertinent Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions. Regulation (EC) No .../2001 stipulates the use of the regulatory procedure described in Article 5 of Decision 1999/468/EC for the purposes of implementing this legislation.

[8] OJ L

(4) The Directives in force in the field of maritime safety should therefore be amended in order to replace the existing committees by COSS.

(5) These Directives should also be amended in order to apply to them the amendment procedures laid down by Regulation (EC) No .../2001 and the relevant provisions of that Regulation designed to facilitate their adaptation to take account of changes to the international instruments referred to in the Community legislation in the field of maritime safety,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Objective

The objective of this Directive is to amend the Directives in force governing maritime safety, protection of the marine environment and shipboard living and working conditions:

a) by making reference to the Committee on Safe Seas and the Prevention of Pollution from Ships set up by Regulation (EC) No..../2001, hereinafter referred to as "COSS";

b) by facilitating their adaptation to take account of changes to the international instruments applicable in the field of maritime safety, prevention of pollution from ships and shipboard living and working conditions, in the manner laid down by Regulation (EC) No /2001.

Article 2 Amendment of Directive 93/75/EEC

Directive 93/75/EEC is amended as follows:

1) Article 2 is amended as follows:

a) in points e) and i), the words "on 1 January 1998" are deleted,

b) in point f), the words "on 1 January 1997" are deleted,

c) in point g), the words "on 10 July 1998" are deleted,

d) in point h), the words "on 1 July 1998" are deleted.

2) The following paragraph is added to Article 11:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001 of the European Parliament and of the Council. [9]"

[9] OJ L

3) Article 12 is replaced by the following:

"Article 12

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No .../2001."

Article 3 Amendment of Directive 94/57/EC

Council Directive 94/57/EC [10] is amended as follows:

[10] OJ L 319, 12.12.1994, p. 20. Amended by Directive 97/58/EC (OJ L 274, 7.10.1997, p. 8).

1) In Article 2(d), the words "at the date of adoption of this Directive" are deleted. .

2) In Article 7, the first sentence is replaced by "The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No .../2001 of the European Parliament and of the Council. [11]"

[11] OJ L

3) Article 8 is amended as follows:

a) In paragraph 1, first indent, the words "to the international codes" are replaced by the words "to the international conventions, protocols and codes".

b) In paragraph 2, the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2(d) and Article 6 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001."

4) Article 13 is replaced by the following:

"Article 13

The procedure referred to in Article 3(2) of Regulation (EC) No /2001 shall apply to the matters covered by Article 4(3) and (4), Article 5(1), Articles 8, 9 and 10 and Article 14(2)."

Article 4 Amendment of Directive 95/21/EC

Council Directive 95/21/EC [12] is amended as follows:

[12] OJ L 157, 7.7.1995, p. 1. Last amended by Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).

1) Article 2 is amended as follows:

a) In point 1), the words "on 1 July 1999" are deleted.

b) In point 2), the words "as it stands on 1 July 1999" are replaced by the words "in force".

2) Article 18 is replaced by the following:

"Article 18 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No .../2001 of the European Parliament and of the Council. [13]"

[13] OJ L

3) Article 19 is amended as follows:

a) point c) is deleted,

b) the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001."

Article 5 Amendment of Directive 96/98/EC

Council Directive 96/98/EC [14] is amended as follows:

[14] OJ L 46, 17.2.1997, p. 25. Amended by Directive 98/85/EC (OJ L 315, 11.11.1998, p. 14).

1) In Article 2, i

points c), d) and n), the words "on 1 January 1999" are deleted.

2) Article 17 is amended as follows:

a) In the third indent the words "and by amending the columns for the conformity assessment modules" are added.

b) The following subparagraph is added:

"The conventions and testing standards referred to in points c), d) and n) of Article 2 shall be understood without prejudice to any measures taken in application of Article 4 of Regulation (EC) No .../2001 of the European Parliament and of the Council. [15]"

[15] OJ L

3) Article 18 is replaced by the following:

"Article 18

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No .../2001."

Article 6 Amendment of Directive 97/70/EC

Article 9 of Council Directive 97/70/EC [16] is replaced by the following:

[16] OJ L 34, 9.2.1998, p. 1. Amended by Directive 1999/19/EC (OJ L 83, 27.3.1999, p. 48).

"Article 9 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No.../2001 of the European Parliament and of the Council. [17]

[17] OJ L

The amendments to the international instrument referred to in Article 2(4) may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001."

Article 7 Amendment of Directive 98/18/EC

Council Directive 98/18/EC [18] is amended as follows:

[18] JO L 144, 15.5.1998, p. 1.

1) Article 2 is amended as follows:

a) In point a), the words "on the date of adoption of this Directive" are deleted.

b) In points b) and c), the words "as amended at the date of adoption of this Directive" are replaced by the words "in force".

c) In points d) and f), the words "as amended at the date of adoption of this Directive" are replaced by the words "in force".

2) In Article 6(1), points (b) and (c), 6(2), point (a)(i), and 6(3), point (a), the words "as amended at the date of adoption of this Directive" are deleted.

3) Article 8 is amended as follows:

a) point (b) is replaced by the following:

"b) Annex I may be amended in order to:

i) apply, for the purpose of this Directive, amendments made to international conventions;

ii) improve the technical specifications thereof, in the light of experience."

b) the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001 of the European Parliament and of the Council. [19]"

[19] OJ L

4) Article 9 is replaced by the following:

"Article 9 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No .../2001"

Article 8 Amendment of Directive 98/41/EC

Council Directive 98/41/EC [20] is amended as follows:

[20] OJ L 188, 2.7.1998, p. 35.

1) In Article 2, third indent, the words "as in force at the time of the adoption of this Directive" are replaced by the words "in force".

2) In Article 12 the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001 of the European Parliament and of the Council. [21]"

[21] OJ L

3) Article 13 is replaced by the following:

"Article 13

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3U of Regulation (EC) No .../2001."

Article 9 Amendment of Directive 1999/35/EC

Council Directive 1999/35/EC [22] is amended as follows:

[22] OJ L 138, 1.6.1999, p. 1.

1) Article 2 is amended as follows:

a) In points b) and o), the words "as amended on the date of the adoption of this Directive" are replaced by the words "in force".

b) In point d), the words "on the date of adoption of this Directive" are deleted.

c) In point e), the words "as amended on the date of the adoption of this Directive" are replaced by the words "in force".

2) Article 16 is replaced by the following:

"Article 16 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No .../2001 of the European Parliament and of the Council. [23]"

[23] OJ L

3) In Article 17 the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001."

Article 10 Amendment of Directive 2000/59

1) In Article 2(b) the words "as in force at the date of adoption of this Directive" are deleted.

2) Article 14 is replaced by the following:

"Article 14

1. Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No .../2001 of the European Parliament and of the Council. [24]"

[24] OJ L

3) In Article 15 the following paragraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001."

Article 11 Amendment of Directive 2001/25/EC

Directive 2001/25/EC of the European Parliament and of the Council [25] is amended as follows:

[25] OJ L 136, 18.5.2001, p. 17.OJ L 319, 12.12.1994, p. 28. amended by Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1).

1) Article 1 is amended as follows:

a) In points 16, 17 and 24 the words "as in force on 25 May 1998" are replaced by the words "in force".

b) In points 18, 22 and 23 the words "as in force on 25 May 1998" are replaced by the words "in force".

c) In point 21 the words "as in force on 25 May 1998" are replaced by the words "in force".

2) In Article 22 the following paragraph is added:

"4. The amendments to the international instruments referred to in Article 1 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .../2001 of the European Parliament and of the Council. [26]"

[26] OJ L

2) Article 23 is replaced by the following:

"Article 23Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No .../2001."

Article 12 Application

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than .... They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2. The Member States shall notify to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

Article 13 Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Article 14 Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President