EN Official Journal of the European Union CE 78/940

(2004/C 78 E/0994)

WRITTEN QUESTION P-0206/04

by Renato Brunetta (PPE-DE) to the Commission

(23 January 2004)

Subject: Unlawful imposition of identification marks for sports craft in the Venice lagoon

The Venice Commissioner for wave action decreed, by virtue of Order No 19/2002 of 14 May 2002, that ‘all motorised sports craft exceeding a power of 10 hp must, before they can circulate in the Venice lagoon, bear the requisite identification mark … applied to both sides of their stern’. The registration of craft (irrespective of size) is based on engine power, regardless of whether or not the engine is removable.

The identification marks are issued against payment of EUR 25 (EUR 50 in the case of renewal or loss). The Order is based on Articles 32 to 34 of the Rules on lagoon navigation in the Province of Venice (Doc. No 247721 of 25.06.1998) which lays down registration and transfer of ownership procedures, and in essence the holding of registers on sports vessels, defined on the basis not of length, tonnage or any other criterion, but simply on that of engine power, whether removable or not, where this exceeds 10 hp and is for sports use.

The Order is based on a general provision set out in Article 11(3) of Legislative decree No 422 of 19 November 1997, although Italy transposed Directive 94/25/EC (1) into national law by virtue of Law No 52 of 6 February 1996 and sports craft were removed from the maritime registers.

A definitive legal framework governing pleasure boats was recently introduced in Italy by way of Law No 172 of 8.7.2003, Article 13(1) of which refers to ‘sports craft, vessels with hulls measuring 10 metres or less …’, while the second paragraph of that Article provides that ‘sports craft shall be exempt from the requirement on entry in the register referred to in Article 9 …’. There are therefore no applicable registration plates, identification marks or registers.

The claim that there is a need for identification of these craft by means of registration plates or identification marks is invalid because:

— all motorised vessels are issued with an engine certificate, which is then attached to the insurance certificates;

— all boatmasters must have an identity/insurance document (all sports craft in circulation can be identified via their insurance plates, as can their circulation period (annual or quarterly insurance) and their installed power);

— the identification of an offending vessel at distance by means of its registration plate or identification mark has never been accepted as sufficient evidence in court (photos and/or offence reports are required);

— an inventory/census is kept of sports craft in circulation.

In the light of the above, what initiatives will the Commission take to put a end to this clear breach of Community law?

Answer given by Mr Liikanen on behalf of the Commission

(11 February 2004)

Directive 94/25/EC (2), to which the Honourable Member refers in his written question, is based on Article 95 of the EC Treaty and has therefore, as its primary objective to ensure the establishment and functioning of the internal market. The Directive harmonises the design and construction requirements with which recreational craft have to comply as a condition for placing them on the market and putting them into service.

The Directive does not contain provisions aimed at harmonising the conditions of use of recreational craft after they have been placed on the market and put into service. Its Article 2(2) explicitly specifies that the provisions of the Directive shall not prevent Member States from adopting, in compliance with the EC Treaty, provisions concerning navigation on certain waters for the purpose of protection of the environment, the fabric of waterways, and ensuring the safety of waterways, providing that this does not require modification to craft conforming to the Directive.

Assessment of the Ordinance No 19/2002 issued by the Commissioner of the Governement delegated for the maritime traffic in the lagoon of Venice (ordinanza no 19/2002 emanata dal Commissario del Governo Delegato al Traffico Acqueo nella Laguna di Venezia) has led the Commission to conclude that the imposition of identification marks on the sides of recreational craft as a condition for their operation in the lagoon of Venice does not require the modification of the design or construction of craft conforming with the Directive and therefore respects the conditions of Article 2(2) of the Directive.

(1) OJ L 164, 30.6.1994, p. 15.

(2) Directive 94/25/EC of the Parliament and of the Council of 16 June 1996 on the approximation of laws, regulations and administrative provisions of the Member States relating to recreational craft.