Re-examined proposal for 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
Date: 1998-05-14
Institutions: European Commission
Subjects: harbour installation, maritime transport, pollutant, transport of dangerous goods, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.05.1998 

COM(1998) 319  final 

96/0231 (SYN) 

Re-examined proposal for 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 

(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

During its 9-13 March  1998 Plenary Session, the European Parliament adopted 4 
amendments to the Council's common position of  11 December  1997 on the proposal 
for 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. 

Pursuant to Article  189 c, section (d) of the EC Treaty, the Commission has re 
examined its proposal and decided to accept amendments n° 2 and n° 4, but not 
amendments n°  1 and n°3, for the following reasons. 

•  Amendment n° 1 related to the fifth recital of the common position: 
This amendment states that amendments adopted through the Committee referred to in 
Article  18 of the Directive shall not weaken the Directive, nor substantially modify  its 
provisions without recourse to the appropriate legislative procedure. 

Although the Commission agrees with the concern expressed through this 
amendment, it cannot be accepted, for drafting reasons, since it repudiates the express 
provision which reaffirms  ships in transit cannot be brought within the scope of this 
Directive.  This text was added by the Council in its common position and supported 
by the Commission, given the pending proposal on a European ship-reporting  system 
(COM(93) 647  final).  Besides, since the text added by the Council  also states that the 
amendments adopted through the Committee procedure shall not alter the reporting 
requirements of the Directive, the Commission believes that this applies equally to 
any weakening  as well as to any broadening of the scope of the Directive. 

•  Amendment n° 2 related to Article  1. Paragraph  1. second indent of the common 
position: 
This amendment refers to the version of the INF Code {Code for  the safe carriage  of 
irradiated  nuclear fuel, plutonium  and high level  radioactive  wastes  in flasks  on 
board  ships,  of the International Maritime  organization)  in force on the  1 st January 
1998, instead of  1st January  1996 as stated by the Council in its common position. 
The Commission fully  supports this amendment, which takes into consideration the 
amendments to the Code which were adopted by the IMO assembly in November 
1997. 

2_ 

Amendment n" 3 introducing a new Article  H la) in the text of the proposed 
Directive: 
This amendment was already proposed by the European Parliament, in similar terms, 
in first reading.  It aims at introducing notification  requirements for vessels in transit 
through the territorial waters of Member States.  This situation is already dealt with in 
the proposed Council Directive for a European Ship reporting System (Eurorep) 
adopted by the Commission on the 17th of December  1993, and still before the 
Council. 
Therefore, as in first reading, the Commission cannot accept this amendment. 

Amendment n° 4 related to Article  1. paragraph 2. second  indent of the common 
position: 
This amendment, referring to the scope of the Committee procedure as described in 
Article  11 of Directive 93/75/EEC, states that amendments to the Annexes adopted 
through the Committee procedure shall not represent a weakening of safety and 
marine protection provisions. 
This is fully  in line with the concern expressed by the Commission that it might be 
possible that developments occur at international  level, in particular in the IMO, 
which would result in a lowering of existing safety and environmental standards. The 
Commission therefore can approve such an amendment, which will ensure that the 
general level of safety and environmental standards as laid down in this Directive is 
nevertheless maintained should such developments occur at international level. 

Annex 1: 

Re-examined proposal 

Annex 2: 

Amendments adopted by the European Parliament and not accepted by 
the Commission 

i 

Annex  1 

Re-examined proposal for 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 

— Common position — 

Re-examined proposal 

Article 1(1), 2nd indent 
Article 2(1) (Directive 93/75/EEC) 

(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. 

(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. 

Article 1(2), 2nd indent 
Article  11, new indent (Directive 93/75/EEC) 

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

-  amend the Annexes to this Directive in 
line with the relevant subsequent 
amendments to international conventions, 
codes and resolutions on safety at sea and 
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. 

<f 

Annex 2 

Amendments adopted by European  Parliament 
but not accepted by the Commission 

— Common position — 

— Amendment adopted 
by European Parliament 

Recital 5 

Whereas it should be possible to amend 
Annexes 1 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 the 
Directive, nor alter the reporting 
requirements as described in the 
Directive, and in particular should not 
lead to extending the reporting 
requirements as described in 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; 

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 
such amendments; whereas Article 11 
should be supplemented to that  effect; 

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

la,  In Article 5. the  following  paragraph 

shall be added; 

"la.  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 on 
route, before beginning the voyage, of all 
informatJQn listed in Annex I," 

s 

ISSN 0254-1475 

COM(98) 319 final 

DOCUMENTS 

EN 

07  14  01  02 

Catalogue  number  :  CB-CO-98-319-EN-C 

ISBN  92-78-36142-9 

Office  for Official  Publications of the luiropcun Communities 

L-2985 Luxembourg 

b