A4-0332/97

Decision on the common position established by the Council with a view to the adoption of a Council Directive on safety rules and standards for passenger ships (C4-0359/97 - 96/0041(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0359/97 - 96/0041(SYN) ((OJ C 293, 26.9.1997, p. 1.)),

- having regard to its opinion at first reading ((OJ C 277, 23.9.1996, p. 19.)) on the Commission proposal to the Council, COM(96)0061 ((OJ C 238, 16.8.1996, p. 1.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0332/97),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Article 1

>Original text>

The purpose of this Directive is to introduce a uniform level of safety of life and property on new and existing passenger ships and high speed passenger craft, when both categories of ships and craft are engaged on domestic voyages, and to lay down procedures for negotiation at international level with a view to a harmonization of the rules for passenger ships engaged on international voyages.

>Text following EP vote>

The purpose of this Directive is to introduce a uniform level of safety of life, property and protection of the environment on new and existing passenger ships and high speed passenger craft, when both categories of ships and craft are engaged on domestic voyages, and to lay down procedures for negotiation at international level with a view to a harmonization of the rules for passenger ships engaged on international voyages.

(Amendment 2)

Article 2(f), second subparagraph (new)

>Text following EP vote>

passenger ships engaged on domestic voyages in sea areas of class B, C or D shall not be considered high speed craft if:

- their displacement corresponds to the design waterline of less than 500m3, and

- their maximum speed, as defined in §1.4.30 of he High Speed Code, is less than 20 knots;

(Amendment 3)

Article 6 (4)(a), introduction

>Original text>

(a) high speed passenger craft constructed or subjected to repairs, alterations or modifications of a major character, on or after 1 January 1996, shall comply with the requirements laid down in the High Speed Craft Code, unless:

>Text following EP vote>

(a) high speed passenger craft constructed or subjected to repairs, alterations or modifications of a major character, on or after 1 January 1996, shall comply with the requirements of Regulation 3 of Chapter X of the 1974 SOLAS Convention as amended, unless:

(Amendment 4)

Article 7 (4)(b)

>Original text>

(b) if, within a period of 6 months from the notification, it is decided, in accordance with the procedure laid down in Article 9, that the proposed measures are not justified, the said Member State may be required to amend or not to adopt the proposed measures;

>Text following EP vote>

(b) if, within a period of 6 months from the notification, it is decided, in accordance with the procedure laid down in Article 9, that the proposed measures are not justified, the said Member State shall be required to amend or not to adopt the proposed measures;

(Amendment 5)

Article 9

>Original text>

Committee

The Commission shall be assisted by the Committee established by Article 12(1) of Directive 93/75/EC. The Committee shall operate in accordance with the procedure laid down in paragraph 2 and 3 of that Article.

>Text following EP vote>

Advisory Committee

1. The Commission shall be assisted by the Committee established by Article 12(1) of Directive 93/75/EC.

>Text following EP vote>

2. Where reference is made to this paragraph, the following procedure shall apply:

>Text following EP vote>

(a) the representative of the Commission shall submit to the Committee referred to in paragraph 1 a draft of the measures to be taken;

(b) the Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote;

(c) the opinion shall be recorded in the minutes; in addition each Member State shall have the right to have its position recorded in the minutes;

(d) the Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

(Amendment 6)

Article 10 (3)

>Original text>

3. Each high speed passenger craft shall be subject by the Administration of the flag State to the surveys required in the High Speed Craft Code.

>Text following EP vote>

3. Each high speed passenger craft having to comply, in accordance with the provisions of Article 6(4), with the requirements of the High Speed Craft Code shall be subject by the Administration of the flag State to the surveys required in that code. High speed passenger craft having to comply, in accordance with the provisions of Article 6(4), with the requirements of the Dynamically Supported Craft Code, as amended, shall be subject by the Administration of the flag State to the surveys required in that Code.

(Amendment 7)

Article 11(1a) (new)

>Text following EP vote>

1a. For high speed passenger craft complying with the requirements of the DSC Code as amended, a DSC Construction and Equipment Certificate and a DSC Permit to operate shall be issued by the Administration of the flag State, in accordance with the provisions of the DSC Code.