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 modifying Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-10-31
Institutions: European Commission
Subjects: approximation of laws, engine, noise, pleasure craft, pollution control measures, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.10.2002
COM(2002) 602 final

2000/0262 (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
modifying Directive 94/25/EC on the approximation of the laws, regulations
and administrative provisions of the Member States relating to recreational craft

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

2000/0262 (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
modifying Directive 94/25/EC on the approximation of the laws, regulations
and administrative provisions of the Member States relating to recreational craft

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  17  amendments  proposed  by
Parliament.

2.

BACKGROUND

Transmission of the Proposal to the Council and the European
Parliament - COM(2000)639 - 2000/0262 (COD) -
in accordance with article 251(2) and 95 of the Treaty

12 October 2000

Opinion of the Economic and Social Committee

28-29 March 2001

Opinion of the European Parliament - first reading

Amended Commission proposal

Adoption of the Council common position

5 July 2001

31 October 2001

22 April 2002

Opinion of the European Parliament - second reading

26 September 2002

3.

PURPOSE OF THE PROPOSAL

The proposal introduces harmonised provisions on exhaust and  noise emissions  limit values
from  engines  on  recreational  craft.  It  also  includes  a  number  of  modifications  on  the
construction aspects of recreational craft covered by  this Directive (e.g. the inclusion of jet-
skis in the scope of the original Directive).

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4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

4.1.

Amendments accepted by the Commission (n° 6, 14 and 21)

(cid:1)  Amendments  6  and  21  can  be  accepted,  as  they  provide  editorial  consistency  with  the
terminology  used  elsewhere  in  the  Common  Position  concerning  "placing  on  the  market
and/or putting into service".

(cid:1)  Amendment  14  on  the  3dB  allowance  for  noise  limits  is  accepted  as  it  re-instates  the
original provision in the Commission's original proposal concerning the application of this
allowance to all types of engines.

4.2.

Amendments rejected by the Commission (n° 2, 3, 4, 5, 7, 8, 9, 10, 12, 15, 17, 18,
19 and 24)

(cid:1)  The Commission cannot accept amendments 2 and 7, which seek to exclude craft 'for own
use' undergoing major craft conversion from the noise emission requirements. Major craft
conversion,  according  to  the  definition  of  the  Directive,  involves  either  a  change  of  the
propulsion  means,  or  a  major  engine  modification  or  the  alteration  of  the  craft  to  such
extent that it can be considered a new craft. In all these situations it is fully justified that
the new or modified engine complies with the noise emission requirements, irrespective of
whether or not the craft will be placed on the market within 5 years following conversion.

(cid:1)  Amendment 3, calling for the introduction of national support policies to encourage the use
of synthetic biodegradable lubrication oils and for the introduction of EU measures during
the  review  of  the  Directive,  cannot  be  accepted.  The  issue  of  encouraging  more
environment-friendly techniques has been acknowledged in substance and taken up in the
more  detailed  and  all-encompassing  Article  2.  A  special  recommendation  for  EU-wide
environmental  measures  in  a  certain  field  (biodegradable  lubrication  oils)  in  a  recital  is
therefore not considered as being necessary.

(cid:1)  Amendments 4, 5 and 12 require the deletion of the provisions relating to comitology and
are,  therefore,  contrary  to  the  principles  of  the  Council  decision  of  28  June  1999  laying
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the
Commission (1999/468/EC). These amendments are, therefore, not acceptable.

(cid:1)  The  need  to  exclude  steam  powered  craft  from  the  scope  of  the  design  and  construction
requirements of the Directive, as proposed by Amendment 8, is not supported by sufficient
evidence. This amendment cannot, therefore, be accepted.

(cid:1)  Amendments 9 and 10 seek to exempt engines on craft built for own use from the relevant
exhaust  emission  requirements.  These  amendments  cannot  be  accepted,  as 
the
responsibility  for  demonstrating  compliance  with  the  exhaust  emission  requirements  lies
with engine manufacturers and not with the individuals building boats for their own use.

(cid:1)  Amendment 15 cannot be accepted as it would limit the scope of recreational craft that can
make  use  of  the  alternative  method  do  demonstrate  compliance  with  the  noise  emission
requirements, and would be incosistent with the rest of the proposal.

(cid:1)  Amendments 17, 18, 19 and 24 seek to change the timing and the scope of the future work
to  be  undertaken  by  the  Commission  to  further  reduce  emissions  and  review  the  boat

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design  categories.  They  cannot  be  accepted  as  they  would  impose  too  binding
commitments upon the Commission and restrict its right of initiative.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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