Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council establishing a Community monitoring, control and information system for maritime traffic and repealing Directive 93/75/EEC amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-06-12
Institutions: European Commission
Subjects: exchange of information, information system, marine pollution, maritime safety, maritime surveillance, maritime transport, pollution from ships, transport accident, transport of dangerous goods

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.06.2002
COM(2002) 312 final

2000/0325 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

establishing a Community monitoring, control and information system for maritime
traffic and repealing
Directive 93/75/EEC

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

 2000/0325 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

establishing a Community monitoring, control and information system for maritime
traffic and repealing
Directive 93/75/EEC

1. INTRODUCTION

Article 251(2)(c) of the EC Treaty lays down that the Commission shall deliver an opinion on
the amendments proposed by the European Parliament at the second reading.

The  Commission  therefore  delivers  the  following  opinion  on  the  amendments  proposed  by
Parliament.

2. BACKGROUND

a) 

b) 

c) 

d)

e) 

f) 

g) 

On  8.12.2000,  the  Commission  transmitted  to  the  Council  and  the  European
Parliament  its  proposal  for  a  Directive  (COM(2000)802  final  -  COD  2000/0325  of
6.12.2000).

The  Economic  and  Social  Committee  delivered  a  favourable  opinion  on  30-
31/05.2001.

The Committee of the Regions delivered a favourable opinion on 13.06.2001.

On  14.6.2001,  the  European  Parliament,  at  its  first  reading,  delivered  its  opinion
containing certain amendments to the Commission proposal.

On 12.10.2001 (COM(2001)592  final), the  Commission  adopted,  in accordance with
Article 250(2) of the Treaty, an amended proposal incorporating, wholly or in part, the
amendments adopted by Parliament (COM final).

The Council adopted its common position on 19.12.2001.

On  10.4.2002,  the  European  Parliament  adopted,  at  the  second  reading,  a  resolution
containing nine amendments to the common position.

3. OBJECTIVE OF THE PROPOSED DIRECTIVE

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The proposal concerns the establishment of a Community monitoring, control and information
system for maritime traffic which would improve maritime safety, prevent pollution by ships
and facilitate search and rescue operations in the event of accidents.

The main points of the proposal are as follows:

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4.

obligation on ships to comply with ship routing systems, ship reporting systems and
vessel  traffic  services;  obligation  on  Member  States  to  furnish  themselves  with
appropriate shore-based installations;

obligation  to  carry  certain  equipment  on  board:  automatic  identification  systems
(AIS)  and  voyage  data  recorders  (VDR  or  "black  boxes"  used  in  accident
investigations);

standardisation of the procedure for the transmission of information to the competent
national authorities concerning dangerous or polluting goods carried on board, using
computers;

better identification and monitoring of ships posing a potential risk for safety or the
environment;

more  stringent  requirements  on  ships  regarding  the  notification  of  incidents  and
pollution at sea and cooperation with the authorities on shore;

ban  on  leaving  port  in  the  event  of  exceptionally  bad  weather  or  a  serious  risk  of
pollution;

obligation  on  Member  States  to  draw up plans to accommodate  ships  in  distress  in
places of refuge along their coast;

obligation to cooperate in the future development of the Community maritime traffic
network.

OPINION OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

Parliament  adopted  nine  amendments  to  the  common  position  of  the  Council  at  the  second
reading.

The Commission accepts all the amendments proposed by the European Parliament.

4.1 Amendments 1 (recital) and 3: Ban on leaving port in bad weather (Article 18 of the
common position)

These amendments introduce the following elements:

a)

b)

c)

Greater clarity in the wording of the common position.

Indication that the measures taken by the authorities may include a refusal to allow a
ship not only to leave a port but also to enter a port.

Obligation on the captain to inform the authorities of the decision taken.

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d)

Obligation on the competent authorities to take measures to limit as far as possible, or
if necessary, prohibit bunkering operations in territorial waters.

The Commission is able to accept these amendments.

4.2 Amendments 2 (recital) and 4: Places of refuge (Article 20 of the common position)

Parliament  wants  the  plans  to accommodate ships in  distress  to  contain,  where  the  Member
States consider this necessary and feasible, provisions concerning the equipment of the places
of refuge with the appropriate means of assistance, rescue and pollution control. .

Parliament is also reintroducing an amendment approved in the first reading and rejected by
the Council which concerns the obligation  on  Member States to inform the  Commission  on
refuge plans. However, the European Parliament is now proposing that the information should
be transmitted to the  Commission  within  18 months of the entry  into  force  of  the  Directive
and not within 12 months as in the first reading.

The Commission is able to accept these amendments.

Amendments  5 and  6:  Evaluation  of  the  implementation  of  the  Directive

4.3.
(Article 26 of the common position)

Parliament  is  extending  the  scope  of  the  evaluation  to  Articles  22  (Information  from  the
parties concerned on the designation of the competent authorities) and 25 (Penalties).

In  addition,  Parliament  proposes  that  the  Commission  should  examine,  as  part  of  its
evaluation, the need for and feasibility of measures at Community level aiming at facilitating
the recovery or compensation of costs and damages incurred for the accommodation of ships
in places of refuge, including the question of compulsory insurance. The Commission should
report, within three years, the results of this examination to the European Parliament and the
Council.

The Commission is able to accept these amendments.

Amendments  7,  8  and  9:  Bringing  forward  of  timetable  for  the  carriage  of

4.4.
transponders (AIS) on board ships (Annex II of the Directive)

Having  regard  to  the  work  underway  in  the  IMO  (International  Maritime  Organisation)  in
connection  with  anti-terrorist  measures,  in  order  to  improve  the  methods  of  detecting  and
identifying ships, it is probable that the timetable contained in the Commission proposal will
be brought forward at international level. The purpose of the Parliament's amendments is to
take into account, for  each  of  the  categories  of  ships  concerned,  a  probable  decision  by  the
IMO aimed at speeding up the introduction of transponders.

The Commission is able to accept these amendments.

5. CONCLUSION

In accordance with Article 250(2) of the EC Treaty, the Commission is hereby amending its
proposal in accordance with the results of the second reading in Parliament as set out above.

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