European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea and inland waterways in the event of accidents (COM(2005)0592 - C6-0057/2006 - 2005/0241(COD))
Date: 2007-04-25
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: carriage of passengers, carrier, liability, maritime transport, safety standard, transport accident, transport safety

C 74 E/562

Official Journal of the European Union

EN

20.3.2008

Wednesday 25 April 2007

20. Port of departure

21. Port of destination

22. Traffic separation scheme

23. Voyage segment

24. Ship operation

25. Place on board

26. Lives lost:

— Crew

— Passengers

— Other

27. Serious injuries:

— Crew

— Passengers

— Other

28. Pollution

29. Ship damage

30. Cargo damage

31. Other damage

32. Brief description of the marine casualty or incident

Note: Underlined numbers mean that data should be provided for each ship if more than one is involved in

the marine casualty or incident.

P6_TA(2007)0148

Liability of carriers of passengers by boat in the event of accidents ***I

European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the
European Parliament and of the Council on the liability of carriers of passengers by sea and inland
waterways in the event of accidents (COM(2005)0592 — C6-0057/2006 — 2005/0241(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament and the Council

(COM(2005)0592) (1),

— having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commis-

sion submitted the proposal to Parliament (C6-0057/2006),

(1) Not yet published in OJ.

20.3.2008

EN

Official Journal of the European Union

C 74 E/563

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism and the opinion of the

Committee on Legal Affairs (A6-0063/2007);

Wednesday 25 April 2007

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

P6_TC1-COD(2005)0241

Position of the European Parliament adopted at first reading on 25 April 2007 with a view to the
adoption of Regulation (EC) No …/2007 of the European Parliament and of the Council on the
liability of carriers of passengers by sea in the event of accidents

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 71(1) and 80(2)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1) Within the framework of the common transport policy, further measures must be adopted to
enhance safety in maritime and inland waterway transport. Those measures should include liability
rules for damage caused to passengers, since it is important to ensure a proper level of compensation
for passengers involved in maritime accidents.

(2)

(3)

The Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea, 1974 was adopted on 1 November 2002 under the auspices of the International
Maritime Organisation (IMO). [The Community has acceded to this Protocol (4).]

The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as
amended by its protocol of 2002 (hereinafter referred to as ‘the Athens Convention 2002’) is applic-
able to international transport only. In the internal market for maritime transport services, the distinction
between national and international transport has been eliminated and it is therefore appropriate to
have the same level and nature of liability in both international and national transport within the
Community.

(1) OJ C 318, 23.12.2006, p. 195.
(2) OJ C 229, 22.9.2006, p. 38.
(3) Position of the European Parliament of 25 April 2007.
(4)

Insert publication reference to the adopting Council decision.