A4-0069/98

Decision on the common position adopted by the Council with a view to adopting a Council Directive amending Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (C4-0621/97 - 96/0231(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0621/97 - 96/0231(SYN) ((OJ C 23, 23.1.1998, p. 6.)),

- having regard to its opinion at first reading ((OJ C 150, 19.5.1997, p. 31.)) on the Commission proposal to the Council, COM(96)0455 ((OJ C 334, 8.11.1996, p. 11.)),

- 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 (A4-0069/98),

1. Amends the common position as follows;

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

(Amendment 1)

Recital 5

>Original text>

Whereas it should be possible to amend Annexes I and II to Directive 93/75/EEC, through a simplified procedure, in line with developments in international law and, in particular, with amendments to international conventions, codes and resolutions not referred to in Article 2 of the Directive which have entered into force since the Directive was adopted; whereas, however, these amendments should neither broaden the scope of this Directive, nor alter the reporting requirements as described in the Directive, and in particular should not lead to extending the reporting requirements of the Directive to transiting ships; whereas the procedure provided for in Article 12 of the Directive appears to be the most appropriate way of introducing such amendments; whereas Article 11 should be supplemented to that effect;

>Text following EP vote>

Whereas it should be possible to amend Annexes I and II to Directive 93/75/EEC, through a simplified procedure, in line with developments in international law and, in particular, with amendments to international conventions, codes and resolutions not referred to in Article 2 of the Directive which have entered into force since the Directive was adopted; whereas, however, these amendments

should not weaken the provisions of this Directive, nor substantially modify its provisions without recourse to the appropriate legislative procedure; whereas the procedure provided for in Article 12 of the Directive appears to be the most appropriate way of introducing technical amendments; whereas Article 11 should be supplemented to that effect;

(Amendment 2)

ARTICLE 1(1), 2nd indent

Article 2(i) (Directive 93/75/EEC)

>Original text>

(i) 'INF Code¨ means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, as it is in force on 1 January 1996;

>Text following EP vote>

(i)

'INF Code¨ means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, as it is in force on 1 January 1998;

(Amendment 3)

ARTICLE 1(1a) (new)

Article 5(1a) (new) (Directive 93/75/EEC)

>Original text>

>Text following EP vote>

1a. In Article 5, the following paragraph shall be added:

>Original text>

>Text following EP vote>

"1a. The operator of a vessel transporting dangerous or polluting goods whilst transiting through the territorial waters of the European Community without stopping at a Community port shall also notify the coastal Member States en route, before beginning the voyage, of all information listed in Annex I.¨

(Amendment 4)

ARTICLE 1(2), 2nd indent

Article 11, new indent (Directive 93/75/EEC)

>Original text>

- amend the Annexes to this Directive in line with the relevant subsequent amendments to international conventions, codes and resolutions on safety at sea and the protection of the marine environment which have entered into force, without broadening its scope.

>Text following EP vote>

-

amend the Annexes to this Directive in line with the relevant subsequent amendments to international conventions, codes and resolutions on safety at sea and the protection of the marine environment which have entered into force and which do not represent a weakening of safety and marine protection provisions, without broadening its scope.