Opinion of the Committee of the Regions on a "Proposal for a Directive of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships"
Date: 2001-04-04
Institutions: European Committee of the Regions
Subjects: maritime safety, pollution from ships, prevention of pollution

12.9.2001

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Official Journal of the European Communities

C 253/1

II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

Opinion of the Committee of the Regions on:

— a ‘Proposal for a Regulation of the European Parliament and of the Council concerning the
Committee on Safe Seas and amending the Regulations on maritime safety and the
prevention of pollution from ships’, and

— a ‘Proposal for a Directive of the European Parliament and of the Council amending the

Directives on maritime safety and the prevention of pollution from ships’

(2001/C 253/01)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Regulation of the European Parliament and of the Council concerning
the Committee on Safe Seas and amending the Regulations on maritime safety and the prevention of
pollution from ships, and the Proposal for a Directive of the European Parliament and of the Council
amending the Directives on maritime safety and the prevention of pollution from ships [COM(2000) 489
final — 2000/0236 and 2000/0237 (COD)] (1);

having regard to the decision of the European Council on 6 October 2000 to consult the Committee, in
accordance with Articles 265(1) and 80 of the Treaty establishing the European Community;

having regard to the decision of its President on 7 November 2000 to instruct Commission 3 for Trans-
European Networks, Transport and the Information Society to draw up the opinion;

having regard to the Communication from the Commission to the European Parliament and the Council
on the Safety of the seaborne oil trade; Proposal for a Directive of the European Parliament and of the
Council amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdiction of the Member States, of international
standards for ship safety, pollution prevention and shipboard living and working conditions (port State
control); Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for
the relevant activities of maritime administrations; Proposal for a Regulation of the European Parliament
and of the Council on the accelerated phasing-in of double hull or equivalent design requirements for
single hull oil tankers [COM(2000) 142 final — 2000/0065 (COD) — 2000/0066 (COD) — 2000/0067
(COD)] (CdR 165/2000 fin);

(1) OJ C 365 E , 19.12.2000, p. 276-279, 280-283.

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having regard to the Communication from the European Commission to the Council and the European
Parliament on Integrated Coastal Zone Management: A Strategy for Europe (COM(2000) 547 final), and
Proposal for an European Parliament and Council Recommendation concerning the implementation of
Integrated Coastal Zone Management in Europe [COM(2000) 545 final — 2000/0227 (COD)];

having regard to the Conventions and Codes drafted by the International Maritime Organisation and
International Labour Organisation, for example: International Convention for the Safety of Life at Sea
(SOLAS), 1960 & 1974; Convention on the International Regulations for Preventing Collisions at Sea
(COLREG), 1972; International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers (STCW), 1978; International Convention for the Prevention of Pollution from Ships, 1973,
as modified by the Protocol of 1978 relating thereto (MARPOL)73/78); International Safety Management
Code (ISM), 1993;

having regard to Council Decision of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission 1999/468/EC (1);

having regard to the following international treaties and Conventions: 1982 UNCLOS III International
Law of the Sea; 1992 UNCED Rio Earth Summit; Agenda 21 (Chapter 17 on Oceans); the Paris
Memorandum of Understanding on Port State Control, the ongoing work of the International Commission
on Shipping (due to report in Sydney in March 2001) on coastal and port state control procedures as
well as the conventions and codes set out under the IMO and ILO conventions;

having regard to the draft opinion adopted by Commission 3 on 7 February 2001 (CdR 405/2000 rev.)
(rapporteur: Dr Walsh, UK/ELDR),

adopted the following opinion unanimously at its 38th plenary session on 4 and 5 April 2001 (meeting
of 4 April).

THE COMMITTEE OF THE REGIONS’ VIEWS AND RECOMMEN-
DATIONS

1.

Introduction — the European Commission’s proposal

1.1.

Two separate proposals have been made:

— A proposal

for a European Parliament and Council
Regulation, which sets up the Committee on Safe Seas
and lays down procedures governing its operation and its
scope. The proposal also provides for amending existing
regulations in the field of maritime safety, both to take
account of the creation of the Committee on Safe Seas
and to facilitate their subsequent updating.

— A proposal

for a European Parliament and Council
Directive, the aim of which is to amend the existing
directives in the field of maritime safety in order to take
account of the establishment of the Committee on Safe
Seas and to facilitate their subsequent updating.

1.2.
The proposals are designed to replace the five existing
committees by the Committee on Safe Seas, a regulatory

(1) OJ L 269, 19.10.1999, p. 45.

committee composed of representatives of the Member States
and chaired by the representative of the Commission. It would
also replace the regulatory procedure applicable to the existing
regulations and directives, based on Decision 87/373/EEC by
the new regulatory procedure adopted recently by Council
Decision 1999/468/EC (28 June 1999)
laying down the
procedures for the exercise of implementing powers conferred
on the Commission with regard to Community legislation in
the field of maritime safety.

Decision 1999/468/EC simplifies the above procedures
1.3.
and ensures greater involvement and more comprehensive
information to the European Parliament and the general public
regarding the use of
these powers and in particular the
work of the committees. According to the Commission, the
establishment of a Committee on Safe Seas would have positive
practical effects such as a reduction in the number of meetings
and lower costs in organising and running them.

2. General comments for the CoR

2.1.
It is a long standing policy of the CoR demonstrated in
a string of past opinions that given the international character
international standards are the most effective
of shipping,
improving maritime safety and environmental
means of

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in international

protection. Updating of regulations and directives to keep in
step with developments
standards and
technical progress is an important task for the Commission
and the Member States. This Committee has emphasised
strongly in its previous report (1), the urgent need to improve
technical standards in shipping and provide better training
for seafarers.

2.2.
The CoR recognises the dual nature of policy making
in the maritime sector with, on the one hand, the demand
for shipping driven by consumption and, on the other, the
concerns by our citizens for their environment.

3. Specific comments

3.1.
CoR welcomes the proposals from the European
Commission as they have a positive impact on the simplifi-
cation and acceleration of internal procedures for amending
EU legislation in the field of maritime safety.

Specifically,

3.2.
the CoR welcomes the Commission’s
intention, through the proposed Committee’s work, to achiev-
ing a straightforward procedure for the effective updating of
directives and regulations.

3.3. With regard to the function of the Committee on Safe
Seas, the CoR is concerned to see that the environmental
and coastal dimension of maritime policy does not feature
prominently within the Committee’s remit. The Committee on
Safe Seas provides a unique opportunity to take a holistic
approach to the implementation of all maritime safety, pol-
lution and environmental concerns that feature within the
existing directives.

3.4.
From a local and regional perspective, the CoR would
like the proposal to consider how the committee should
the marine
take into consideration the dimension of
environment.

International,
3.5. Within a complex legal structure at
European, national and regional
level, the CoR urges the
Commission to facilitate and continue debate within the
committee on the most appropriate and enforceable pro-
cedures. To this end a rationalisation of the existing regulations
and directives is welcomed where it contributes to an additional
added value in the field of maritime safety.

(1) CdR 165/2000 fin —OJ C 22, 24.1.2001, p. 19.

3.6.
The CoR urges the Commission to differentiate clearly
between the terms of reference on the Committee on Safe Seas
and the future proposal on the creation of a European Maritime
Safety Agency that the CoR is looking forward to seeing in
future maritime safety proposals.

the CoR would recommend strongly that

3.7.
Notwithstanding the basis upon which the European
Commission has proposed the new rationalised committee
structures,
the
Commission give due consideration to the involvement of
regional experts in the preparation of future EU Maritime
policy emanating from International Treaties and Conven-
tions.

3.8. When considering future amendments to various EU
regulations and directives within the remit of the committee
on Safe Seas the CoR urges the European Commission to
international Treaties and
give due consideration to all
Conventions with an impact on maritime safety and the
environment.

3.9.
The CoR reminds the European Commission of the
obligations placed on its Member States by International
Treaties and Conventions. These include 1982 UNCLOS III
the Sea, 1992 UNCED Rio Earth
International Law of
Summit and Agenda 21 (Chapter 17 on Oceans), the Paris
Memorandum of Understanding on Port State Control, the
ongoing work of the International Commission on Shipping
(due to report in Sydney in March 2001 on coastal and port
state control procedures) as well as the conventions and
codes set out under the IMO and ILO conventions.

3.10.
The CoR urges the Commission and the Member
States that due consideration be given to practitioners when
drafting laws in an already very complex International,
European, national and regional Framework. The CoR as
representatives of local and regional authorities underline
the importance of the new proposed Committee in providing
rapid and coherent advice for amendments to EU maritime
legislation.

3.11.
CoR stresses the important role played by local and
regional authorities in the longer-term socio-economic and
environmental
impacts of marine pollution. It is therefore
important that the regional dimension is respected in the
implementation of directives and regulations as part of the
remit of this committee.

3.12.
The CoR reminds the Commission and Member
States of the continuing need for the Member States to provide
points of refuge whilst implementing and upholding strict
environmental standards in European Waters. Simplified legal

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interpretation is required to ensure mariners can have a more
simplified and straightforward legal environment
to take
effective decisions when navigating in European Waters.

4. Conclusions

The CoR fully supports the proposed role of the
4.1.
Committee on Safe Seas. However, it urges the Commission
and the Member States to focus on the practical implemen-
tation of legislation in the shipping industry if the negative
impact of future maritime incidents is to be limited.

4.2.
The CoR has consistently viewed the issues of maritime
safety and marine environmental protection in an integrated

manner and believes that it is essential to treat this proposal
with a holistic approach.

4.3.
Conscious of the international dimension of shipping,
the CoR is keen to ensure that the implications of change
within European practice do not force problems of shipping
offshore, creating negative impacts elsewhere in the world.
The European Commission should continue to work actively
with its Member States and the International Maritime Organis-
ation on this issue.

As a representative body of local and regional auth-
4.4.
orities, the CoR looks forward to a simplified and coherent
maritime policy at the EU level which should contribute to a
reduction in unnecessary accidents in the future.

Brussels, 4 April 2001.

The President

of the Committee of the Regions

Jos CHABERT

Opinion of the Committee of the Regions on the ‘Report from the Commission to the Council,
the European Parliament, the Economic and Social Committee and the Committee of the Regions
— Trans-European Networks: 1999 Annual Report pursuant to Article 16 of Regulation 2236/95
laying down general rules for the granting of Community financial assistance in the field of
Trans-European Networks’

(2001/C 253/02)

THE COMMITTEE OF THE REGIONS,

having regard to the Report from the Commission to the Council, the European Parliament, the Economic
and Social Committee and the Committee of the Regions — Trans-European Networks: 1999 Annual
Report, pursuant to Article 16 of Regulation (EC) No 2236/95 laying down general rules for the granting
of Community financial assistance in the field of Trans-European Networks (COM(2000) 591 final);

having regard to the decision of the European Commission of 22 September 2000, under the first
paragraph of Article 265 of the Treaty establishing the European Community, to consult the Committee
on the matter;

having regard to the decision of the Bureau of the Committee of the Regions of 13 June 2000 to instruct
Commission 3 for Trans-European Networks, Transport and the Information Society to draw up the
relevant opinion;

having regard to its opinion of 11 March 1999 on the Communication from the Commission to the
Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions
on Intermodality and intermodal freight transport in the European Union: a systems approach to freight
transport. Strategies and actions to enhance efficiency, services and sustainability (COM(97) 243 final
— CdR 398/98 fin) (1);

(1) OJ C 198, 14.7.1999, p. 21.