A4-0115/95

Proposal for a Council Regulation on the safety management of Ro-Ro passenger vessels (COM(95)0028 - C4-0098/95 - 95/0028(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Text following EP vote>

Whereas this can only represent the first of a number of continuing initiatives and further measures to improve safety at sea need to be taken in the near future;

(Amendment 2)

Recital 2b (new)

>Text following EP vote>

Whereas safety standards for the design and building of Ro-Ro passenger vessels are required urgently and must be included in the future measures to improve safety at sea;

(Amendment 3)

Recital 2c (new)

>Text following EP vote>

Whereas, having regard to the IMO's expert panel and work being carried out under its auspices, further provisions and regulations should also be based thereon;

(Amendment 4)

Recital 3

>Original text>

Whereas the International Safety Management Code is not yet of a mandatory but of a recommendatory nature;

>Text following EP vote>

Whereas the International Safety Management Code is not yet of a mandatory but of a recommendatory nature and as such the stipulated definitions and safety requirements are general and may give rise to widely varying interpretations;

(Amendment 5)

Recital 4a (new)

>Text following EP vote>

Whereas only a uniform and coherent implementation of the International Safety Management Code in all Member States can constitute a step towards the safety management of Ro-Ro passenger vessels;

(Amendment 6)

Article 2, first definition

>Original text>

'Ro-Ro ferry¨ means a seagoing passenger vessel with arrangements to enable road and rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers;

>Text following EP vote>

'Ro-Ro ferry¨ means a seagoing passenger vessel with arrangements to enable road and/or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers;

>Text following EP vote>

'Seagoing vessel¨ means a ship other that those which navigate exclusively in inland waters or in waters within or adjacent to sheltered waters or areas where port regulations apply;

>Text following EP vote>

'Regular Service¨ means a series of Ro-Ro ferry voyages operating so as to serve traffic between the same two or more points either:

(i) according to a published timetable,

or

(ii) with voyages so regular or frequent that they constitute a recognisable systematic series;

(Amendment 7)

Article 4

>Original text>

All Companies shall comply with all the provisions of paragraphs 1.2 to 13.5 of the ISM Code, as amended hereby, as if the provisions thereof were mandatory and not only of a recommendatory nature, as a condition to provide regular services to or from a port of the European Community.

>Text following EP vote>

1. All Companies shall comply with all the provisions of paragraphs 1.2 to 13.5 of the ISM Code, as if the provisions thereof were mandatory, as a condition to provide regular services to or from a port of the European Community.

>Text following EP vote>

2. By way of derogation, the provisions of paragraph 1 shall not apply until 1 July 1997 to small Companies operating one or more Ro-Ro vessels on a regular service exclusively in sheltered waters between ports situated in the same Member State.

(Amendment 8)

Article 4(3) (new)

>Text following EP vote>

3. By way of derogation, this Regulation shall not apply until 31 December 1997 to companies which are incorporated under Greek law, which have their principal place of business in Greece, and which operate Ro-Ro ferries registered in and flying the flag of Greece providing regular services exclusively between ports situated in Greece.

(Amendment 9)

Article 4(4) (new)

>Text following EP vote>

4. 'Sheltered waters¨ means areas with annual probability smaller than 10% of exceeding 1.5m significant wave height, in the course of which a Ro-Ro ferry is at no time more than 6 miles from a place of refuge, where shipwrecked persons can land.

(Amendment 10)

Article 5(1)

>Original text>

1. Member States shall comply with the provisions of items 13.2, 13.4 and 13.5 of the ISM Code, as amended hereby, as if the provisions thereof were mandatory and not only of a recommendatory nature, in relation to Companies and Ro-Ro ferries.

>Text following EP vote>

1. Member States shall comply with the provisions of items 13.2, 13.4 and 13.5 of the ISM Code, as if the provisions thereof were mandatory, in relation to Companies and Ro-Ro ferries.

(Amendment 11)

Article 5(2a) (new)

>Text following EP vote>

2a. The Safety Management certificate shall be valid for 5 years from the date of its issue, provided that a verification of the document of compliance takes place once every year, in order to confirm the proper functioning of the safety management system.

(Amendment 12)

Article 5(2b) (new)

>Text following EP vote>

2b. The document of compliance shall be valid for 5 years from the date of its issue, provided that an intermediate verification of the ship's safety management certificate takes place at least once every year in order to confirm the proper functioning of the safety management system and to confirm that possible modifications introduced since the latest verification satisfy the provisions of the ISM Code.

(Amendment 13)

Article 7, first paragraph and second paragraph, introduction

>Original text>

Where a Member State considers that a Company, notwithstanding the fact that it holds a Document of Compliance, cannot operate on a regular service to or from its ports for reasons of serious danger to safety of life or property, or environment, the operation of such service may be suspended until such time as the danger is removed.

>Text following EP vote>

Where a Member State considers that a Company, notwithstanding the fact that it holds a Document of Compliance, cannot operate on a regular service to or from its ports for reasons of serious danger to safety of life or property, or environment, the operation of such service may be suspended until such time as the danger is removed, whereupon the service can be resumed.

>Original text>

In the above circumstances the following procedure shall apply:

>Text following EP vote>

Where disputes arise relating to suspension of the operation of a service by a Member State, the following procedure shall apply:

(Amendment 14)

Article 7a (new)

>Text following EP vote>

Article 7a

In order to take account of the general terms of the ISM Code and the differences in interpretation that might result as a consequence, the Commission shall examine the implementation of this Regulation three years after its entry into force, and shall propose any measures it deems appropriate.

(Amendment 15)

Article 8

>Original text>

In order to take account of developments at international level,

>Text following EP vote>

In order to take account of developments at international or European Union level, including the results of the abovementioned monitoring of the ISM Code's implementation,

>Original text>

(1) the definition of 'ISM Code¨ in Article 2,

(2) the Annex,

(3) the definition of 'Recognised Organisation¨ in Article 2,

>Text following EP vote>

(1) the definition of 'ISM Code¨ in Article 2,

(2) the Annex,

(3) the definition of 'Recognised Organisation¨ in Article 2,

>Original text>

may be amended, in particular to introduce into the Annex the guidelines for Administrations for the implementation of the ISM Code, in accordance with the procedure laid down in Article 9(2).

>Text following EP vote>

may be amended, in particular to introduce into the Annex the guidelines for Administrations for the implementation of the ISM Code, or to adapt and update the Annex to the specific conditions and safety measures in the European Union, in accordance with the procedure laid down in Article 9(2).

(Amendment 16)

Article 9a (new)

>Text following EP vote>

Article 9a

The rules of the international conventions and of the national laws of the Member States governing the terms and extent of liability of the Company for acts or omissions of its servants are not affected by the provisions of this Regulation and its Annex.

Legislative Resolution embodying Parliament's opinion on the proposal for a Council Regulation on the safety management of Ro-Ro passenger vessels (COM(95)0028 - C4-0098/95 - 95/0028(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0028 - 95/0028(SYN),

- having been consulted by the Council pursuant to Articles 84(2) and 189c of the EC Treaty (C4-0098/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism, and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0115/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposals accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.