Common Position (EC) No 15/2008 of 6 June 2008 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system (Text with EEA relevance)
Date: 2008-06-06
Institutions: Council of the European Union
Subjects: fishing vessel, information system, maritime safety, maritime transport, pollution from ships, transport accident, transport of dangerous goods

22.7.2008

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Official Journal of the European Union

C 184 E/1

III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 15/2008

adopted by the Council on 6 June 2008

with a view to adopting Directive 2008/…/EC of the European Parliament and of the Council of …
amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information
system

(Text with EEA relevance)

(2008/C 184 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 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
Regions (2),

the Committee of

the

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

laid down in

Whereas:

(1) With the adoption of Directive 2002/59/EC (4),

the
European Union reinforced its capacity for preventing
situations posing a threat to the safety of human life at
sea and to the protection of the marine environment.

(2)

Since this Directive concerns the amendment of Directive
2002/59/EC, most of the obligations it contains will not
be applicable to Member States without sea shores and
sea ports. Consequently, the only obligations which will
be applicable to Austria, the Czech Republic, Hungary,
Luxembourg or Slovakia are those obligations concerning
ships flying the flag of those Member States, without

(1) OJ C 318, 23.12.2006, p. 195.
(2) OJ C 229, 22.9.2006, p. 38.
(3) Opinion of the European Parliament of 25 April 2007 (not yet
published in the Official Journal), Council Common Position of 6 June
2008 and Position of the European Parliament of … (not yet published
in the Official Journal).
(4) OJ L 208, 5.8.2002, p. 10.

prejudice to Member States' duty of cooperation to
ensure continuity between maritime and other modal
traffic management services, in particular river informa-
tion services.

Under this Directive Member States that are coastal States
should be able to exchange information, which they
in the course of maritime traffic monitoring
gather
in their areas of
missions, which they carry out
competence. The Community maritime
information
exchange system ‘SafeSeaNet’ (hereinafter referred to as
‘SafeSeaNet’), developed by the Commission in agreement
with the Member States, comprises, on the one hand, a
data exchange network and, on the other hand, a standar-
disation of the main information available on ships and
their cargo (advance notice and reporting). It thus makes
it possible to locate at source and communicate to any
authority accurate and up-to-date information on ships
in European waters, their movements and their dangerous
or polluting cargoes, as well as marine incidents.

Accordingly, in order to guarantee operational use of the
information gathered in this way, it is essential that the
the data collection and
infrastructure necessary for
exchange referred to in this Directive and implemented
by the national administrations be integrated into the
SafeSeaNet.

Of the information notified and exchanged pursuant to
Directive 2002/59/EC, that concerning the precise char-
acteristics of dangerous or polluting goods carried by sea
is particularly important. Accordingly, and in the light of
recent maritime accidents, coastal authorities should be
the
to the
allowed easier access

characteristics of

(3)

(4)

(5)

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(6)

(7)

(8)

(9)

hydrocarbons being carried by sea, an essential factor in
choosing the most suitable control techniques, and, in an
emergency, provided with a direct link with those opera-
tors who have the best knowledge of the goods being
carried.

The automatic ship identification systems (AIS — Auto-
matic Identification System) referred to in the Interna-
tional Convention for
the Safety of Life at Sea of
1 November 1974 make it possible not only to improve
the possibilities of monitoring these ships but above all
to make them safer in close navigation situations. AIS
have accordingly been integrated into the enacting terms
of Directive 2002/59/EC. Considering the large number
of collisions involving fishing vessels that have clearly
not been seen by merchant ships or which have not seen
the merchant ships around them, extension of
that
measure to include fishing vessels with a length of more
than 15 metres is very much to be desired. In the frame-
work of the European Fisheries Fund, financial assistance
fishing
may be provided for the fitting on board of
vessels of safety equipment such as AIS.

The obligation to fit AIS should be understood also to
require that AIS be maintained in operation at all times
except where international rules or standards provide for
the protection of navigational information.

It would be useful to study what synergies might be
possible between AIS and the positioning and communi-
cation systems used in the context of the common fish-
eries policy, such as the satellite-based vessel monitoring
system. For this purpose, the Commission, in cooperation
with the Member States, should study the feasibility and
determine the detailed rules for integrating AIS with the
positioning and communication systems used in the
context of the common fisheries policy. Investigation of
the possibilities of integrating these systems should take
account of the needs and requirements of controlling
fishing fleets, particularly as regards the security and
confidentiality of the data transmitted.

Directive 2002/59/EC provides that Member States are to
adopt special measures in respect of ships posing a
potential hazard due to their behaviour or condition. It
therefore seems desirable to add to the list of these ships
those which do not have satisfactory insurance cover or
financial guarantees or which have been reported by
pilots or port authorities as having apparent anomalies
which may prejudice their safe navigation or create a risk
for the environment.

tions are creating a serious threat to the safety of human
life or a serious threat of pollution, it should so inform
the masters of the ships present in its area of competence
or intending to enter or leave the port or ports in the
area concerned. The authority concerned should be able
to take any appropriate steps to ensure the safety of
human life at sea and to protect the environment.

if

(11) Directive 2002/59/EC provides that Member States are to
draw up plans to accommodate,
the situation so
requires, ships in distress in their ports or in any other
protected place in the best possible conditions, in order
to limit the consequences of accidents at sea. However,
taking into account the Guidelines on Places of Refuge
for
to
the International Maritime
Resolution A.949(23) of
Organisation of 13 December 2003 (hereinafter referred
to as ‘IMO Resolution A.949(23)’), which were adopted
subsequently to Directive 2002/59/EC and refer to ships
in need of assistance when safety of life is not involved,
rather than to ships in distress, that Directive should be
amended accordingly.

of Assistance

in Need

annexed

Ships

(12) On the basis of IMO Resolution A.949(23) and following
the work carried out jointly by the Commission, the
European Maritime Safety Agency (hereinafter referred to
as the ‘Agency’) and the Member States, it is necessary to
lay down the basic provisions that plans for accommo-
dating ships in need of assistance should contain in order
to ensure a harmonised and effective implementation of
this measure and clarify the scope of obligations incum-
bent on the Member States.

(13)

IMO Resolution A.949(23) is to form the basis of any
plans prepared by Member States in order to respond
effectively to threats posed by ships in need of assistance.
However, when assessing the risks associated with such
threats, Member States may,
their special
circumstances, take into consideration other factors, such
as the use of sea water for the production of potable
water as well as the generation of electricity.

in view of

(14) When a ship is in need of assistance, a decision may have
to be taken as regards the accommodation of that ship in
a place of refuge. To this end, the authority concerned
should make a preliminary evaluation of the situation on
the basis of the information contained in the relevant
plan for accommodation of ships in a place of refuge.

(10)

In accordance with Directive 2002/59/EC, it seems neces-
sary, in relation to the risks posed by exceptionally bad
weather, to take into account the potential danger to
shipping from ice formation. Therefore, where a compe-
tent authority designated by a Member State considers,
on the basis of an ice forecast provided by a qualified
meteorological information service, that the sailing condi-

(15)

Plans for accommodating ships in need of assistance
should describe precisely the decision-making chain with
regard to alerting and dealing with the situations in ques-
tion. The authorities concerned and their remits should
be clearly described, as should the means of communica-
tion between the parties involved. The applicable proce-
dures should ensure that an appropriate decision can be
taken quickly on the basis of expertise and adequate
information available to the competent authority.

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(16) When drawing up the plans, Member States should
gather information on potential places of refuge on the
coast so as to allow the competent authority, in the event
of an accident or incident at sea, to identify clearly and
quickly the most suitable areas for accommodating ships
in need of assistance. This relevant information should
contain a description of certain characteristics of the sites
under consideration and the equipment and installations
available to make it easier to accommodate ships in need
of assistance or deal with the consequences of an accident
or pollution.

(17)

(18)

(19)

(20)

for

is important

It
the list of competent authorities
responsible for deciding whether to accommodate a ship
in a place of refuge, and the list of authorities responsible
for receiving and handling alerts, to be published appro-
priately. It may also prove useful for the parties involved
in a maritime assistance operation, including assistance
and towing companies, and the authorities of neigh-
bouring Member States likely to be affected by an emer-
gency at sea, to have access to relevant information.

The specific function of the vessel traffic monitoring and
ship's routing measures is to allow Member States to
obtain a true knowledge of the ships using the waters
under their jurisdiction and thus enable them to take
more effective action against potential risks if necessary.
Sharing the information gathered helps to improve its
quality and makes it easier to process.

In accordance with Directive 2002/59/EC, Member States
and the Commission have made substantial progress
towards harmonising electronic data exchange, in particu-
lar as regards the transport of dangerous or polluting
goods. SafeSeaNet,
in development since 2002, should
now be established as the reference network at Com-
munity level.

The progress made in the new technologies and in par-
ticular in their space applications, such as beacon-based
imaging systems or Global
ship monitoring systems,
Navigation Satellite System (GNSS), now makes
it
possible to extend traffic monitoring further offshore and
thereby to ensure better coverage of European waters,
including by Long Range Identification and Tracking
(LRIT) systems. There will have to be full cooperation
within the Community on this work if these tools are to
become an integral part of the vessel traffic monitoring
and
by Directive
2002/59/EC.

system established

information

(21)

In order to guarantee the best possible use, harmonised
information gathered under
at Community level, of

(22)

(23)

Directive 2002/59/EC concerning maritime safety,
the
Commission should be able, if necessary, to process and
use these data and disseminate them to the authorities
designated by Member States.

In this context, the development of the ‘Equasis’ system
has shown how important it is to encourage a ‘safe seas’
culture, especially in maritime transport operators. The
Commission should be able to contribute to the dissemi-
nation, particularly via this system, of any information in
relation to maritime safety.

the European
Regulation (EC) No 2099/2002 of
Parliament and of
the Council of 5 November 2002
establishing a Committee on Safe Seas and the Prevention
of Pollution from Ships (COSS) (1) centralises the tasks of
the committees set up under the relevant Community
legislation on maritime safety, prevention of pollution
from ships and protection of living and working condi-
tions on board. The existing committee should therefore
be replaced by the COSS.

(24) Amendments to the international instruments referred to

should also be taken into account.

(25)

(26)

(27)

(28)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures for
conferred to the Commission (2).

In particular, the Commission should be empowered to
amend Directive 2002/59/EC in order to apply subse-
quent amendments
to the international conventions,
protocols, codes and resolutions related thereto. Since
those measures are of general scope and are designed to
amend non-essential elements of that Directive, inter alia
by supplementing it with new non-essential elements,
they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

In accordance with Regulation (EC) No 1406/2002 of
the European Parliament and of the Council of 27 June
2002 establishing a European Maritime Safety Agency (3),
the Agency provides the Commission and Member States
with the necessary support in implementing Directive
2002/59/EC.

the Interinstitutional
In accordance with point 34 of
Agreement on better law-making (4), Member States are
encouraged to draw up, for themselves and in the inter-
ests of the Community, their own tables illustrating, as
far as possible, the correlation between this Directive and
the transposition measures, and to make them public.

(1) OJ L 324, 29.11.2002, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 93/2007 (OJ L 22, 31.1.2007, p. 12).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(3) OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1).

(4) OJ C 321, 31.12.2003, p. 1.

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(29) Directive 2002/59/EC should therefore be amended

accordingly,

timetable or with crossings so regular or frequent
that they constitute a recognisable systematic series;

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

(u) “fishing vessel” means any vessel equipped for
commercial exploitation of living aquatic resources;

(v) “ship in need of assistance” means a ship in a situa-
tion, apart from one requiring rescue of persons
on board, that could give rise to loss of the ship or
an environmental or navigational hazard.’;

3) the following Article shall be inserted:

Directive 2002/59/EC is hereby amended as follows:

‘Article 6a

1) in Article 2(2), the introductory wording shall be replaced

by the following:

Use of automatic identification systems (AIS) by
fishing vessels

‘Unless otherwise provided, this Directive shall not apply
to:’;

2) Article 3 shall be amended as follows:

(a) point (a) shall be amended as follows:

(i) the introductory wording shall be replaced by the

following:

‘“Relevant
following instruments, in their up-to-date version:’;

instruments” means

international

the

(ii) the following indents shall be added:

‘— “IMO

Resolution

A.917(22)”

means
International Maritime Organisation Resolution
917(22) entitled “Guidelines for the onboard
use of AIS”, as amended by IMO Resolu-
tion A.956(23);

— “IMO

Resolution

means
International Maritime Organisation Resolu-
tion 949(23) entitled “Guidelines on places of
refuge for ships in need of assistance”;

A.949(23)”

— “IMO

Resolution

means
International Maritime Organisation Resolu-
tion 950(23)
assistance
services (MAS)”;’;

entitled “Maritime

A.950(23)”

(b) point (k) shall be replaced by the following:

‘(k) “competent authorities” means the authorities and
organisations designated by Member States
to
perform functions under this Directive.’;

(c) the following points shall be added:

‘(s) “SafeSeaNet” means

the Community maritime
information exchange system developed by the
Commission in cooperation with the Member
States to ensure the implementation of Community
legislation;

(t) “scheduled service” means a series of ship crossings
operated so as to serve traffic between the same
two or more ports, either according to a published

Any fishing vessel with an overall
length of more than
15 metres and flying the flag of a Member State and regis-
tered in the Community, or operating in the internal waters
or territorial sea of a Member State, or landing its catch in
the port of a Member State shall, in accordance with the
timetable set out in Annex II, part I(3), be fitted with an
AIS (Class A) which meets the performance standards
drawn up by the IMO.

Fishing vessels equipped with AIS shall maintain it
in
operation at all times. In exceptional circumstances, AIS
may be switched off where the master considers this neces-
sary in the interest of the safety or security of his vessel.’;

4) Article 12 shall be replaced by the following:

‘Article 12

Obligations on the shipper

No dangerous or polluting goods shall be offered for
carriage or taken on board any ship, irrespective of its size,
in a port of a Member State unless a declaration has been
delivered to the master or operator containing the following
information:

(a) the information listed in Annex I(2);

(b) for

the substances referred to in Annex I

to the
MARPOL Convention, the safety data sheet detailing
the products,
the physico-chemical characteristics of
including their viscosity expressed in cSt at 50 °C and
their density at 15 °C;

(c) the emergency numbers of the shipper or any other
person or body in possession of information on the
physico-chemical characteristics of the products and on
the action to be taken in an emergency.

It shall be the duty of the shipper to deliver to the master
or operator such declaration and to ensure that the ship-
ment offered for carriage is indeed the one declared in
accordance with the first paragraph.’;

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5) the following points shall be added to Article 16(1):

‘(d) ships which have failed to notify, or do not have, insur-
ance certificates or financial guarantees pursuant to any
Community legislation and international rules;

(e) ships which have been reported by pilots or port
authorities as having apparent anomalies which may
prejudice their safe navigation or create a risk for the
environment.’;

assessment of the situation carried out on the basis of the
plan referred to in Article 20a and a decision taken by a
competent authority.

2.
The authorities referred to in paragraph 1 shall meet
regularly to exchange their expertise and improve the
measures taken pursuant to this Article. They may meet at
any time, on account of specific circumstances.’;

6) the following Article shall be inserted:

9) the following Article shall be inserted:

‘Article 18a

‘Article 20a

Measures in the event of risks posed by the presence
of ice

1. Where the competent authorities consider, in view of
ice conditions, that there is a serious threat to the safety of
human life at sea or to the protection of their shipping
areas or coastal zones, or of the shipping areas or coastal
zones of other States:

(a) they shall supply the master of a ship which is in their
area of competence, or intends to enter or leave one of
their ports, with appropriate information on the ice
conditions,
the
recommended
icebreaking services in their area of competence;

routes

and

the

(b) they may, without prejudice to the duty of assistance to
ships
in need of assistance and other obligations
flowing from relevant international rules, request that a
ship which is in the area concerned and intends to
enter or leave a port or terminal or to leave an ancho-
rage area, satisfy the strength and power requirements
commensurate with the ice situation in the area
concerned.

Plans for the accommodation of ships in need of
assistance

1. Member States shall draw up plans for responding to
threats presented by ships in need of assistance in the
waters under their jurisdiction.

2.
The plans referred to in paragraph 1 shall be prepared
after consultation of the parties concerned, on the basis of
IMO Resolutions A.949(23) and A.950(23), and shall
contain at least the following:

(a) the identity of the authority or authorities responsible

for receiving and handling alerts;

(b) the identity of the competent authority for assessing
the situation and taking a decision on acceptance or
refusal of a ship in need of assistance in the place of
refuge selected;

2.
The measures taken pursuant to paragraph 1 shall be
based, as regards the data concerning the ice conditions,
upon ice and weather forecasts provided by a qualified
meteorological
recognised by the
Member State.’;

information service

(c) information on the coastline of

the Member States,
which will assist the assessment of a ship in need of
assistance in a place of refuge, including the description
of environmental, economic and social
factors and
natural conditions;

7) the following subparagraph shall be added to Article 19(2):

(d) the assessment procedures for acceptance or refusal of

a ship in need of assistance in a place of refuge;

‘To this end they shall communicate to the competent
national authorities, on request, the information referred to
in Article 12.’;

(e) the resources and installations suitable for assistance,

rescue and combating pollution;

8) Article 20 shall be replaced by the following:

‘Article 20

Accommodation of ships in need of assistance in
places of refuge

1.
The acceptance or refusal of a ship in need of assis-
tance in a place of refuge shall be the subject of a prior

(f) procedures

for
decision-making;

international

coordination

and

(g) the financial guarantee and liability procedures in place

for ships accommodated in a place of refuge.

3. Member States shall publish the name of the compe-
tent authority referred to in Article 20(1) and of the autho-
rities appointed for receiving and handling alerts.

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Member States shall communicate on request the relevant
information concerning the plans to the neighbouring
Member States.

In implementing the procedures provided for in the plans
for accommodating ships in need of assistance, Member
States shall ensure that relevant information is made avail-
able to the parties involved in the operations.

If requested by Member States, those receiving information
in accordance with the second and third subparagraphs
shall be bound by an obligation of confidentiality.

4. Member States shall inform the Commission by … (*)
of the measures taken in application of this Article.’;

10) the following Article shall be inserted:

‘Article 22a

SafeSeaNet

1. Member States shall establish maritime information
management systems, at national or local level, to process
the information referred to in this Directive.

The systems set up pursuant to paragraph 1 shall
2.
allow the information gathered to be used operationally
and shall satisfy, in particular, the conditions laid down in
Article 14.

3.
To guarantee an effective exchange of the information
referred to in this Directive, Member States shall ensure
that the national or local systems set up to gather, process
and preserve that information can be interconnected with
SafeSeaNet. The Commission shall ensure that SafeSeaNet is
operational on a 24 hours-a-day basis.’;

11) Article 23 shall be amended as follows:

‘(e) ensuring the interconnection and interoperability of
the national systems used for managing the infor-
mation referred to in Annex I, and developing and
updating SafeSeaNet.’;

12) the following Article shall be inserted:

‘Article 23a

Processing
information

and management of maritime

safety

1.
The Commission shall ensure, where necessary, the
processing, use and dissemination to the authorities desig-
nated by the Member States, of the information gathered
under this Directive.

2. Where appropriate, the Commission shall contribute
to the development and operation of systems for collecting
and disseminating data relating to maritime safety, in par-
ticular through the “Equasis” system or any other equivalent
public system.’;

13) Article 28 shall be replaced by the following:

‘Article 28

Committee

1.
The Commission shall be assisted by the Committee
on Safe Seas and the Prevention of Pollution from Ships
(COSS) established by Regulation (EC) No 2099/2002 of
the European Parliament and of the Council (**).

reference

2. Where
paragraph,
is made
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.

this

to

(**) OJ L 324, 29.11.2002, p. 1. Regulation as

last
amended by Commission Regulation (EC) No 93/2007
(OJ L 22, 31.1.2007, p. 12).’;

(a) point (c) shall be replaced by the following:

14) the following point shall be added to Annex II(I):

and

system,

‘(c) extending the cover of the Community vessel traffic
monitoring
and/or
information
updating it, with a view to enhanced identification
and monitoring of ships, taking into account devel-
opments in information and communication tech-
nologies. To this end, Member States and the
Commission shall work together to put in place,
where necessary, mandatory reporting systems,
mandatory maritime traffic services and appro-
priate ship's
routing systems, with a view to
submitting them to the IMO for approval. They
shall also collaborate, within the
regional or
international bodies
concerned, on developing
long-range identification and tracking systems;’;

(b) the following point shall be added:

(*) 18 months from the entry into force of this Directive.

‘3. Fishing vessels

Fishing vessels with a length of more than 15 metres
overall are subject
laid
down in Article 6a according to the following time-
table:

to the carrying requirement

— fishing vessels of overall

length 24 metres and
later

than 45 metres: not

upwards but
than … (***);

less

— fishing vessels of overall

length 18 metres and
later

than 24 metres: not

upwards but
than … (****);

less

(***) 3 years from the entry into force of this Directive.
(****) 4 years from the entry into force of this Directive.

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— fishing vessels of overall length exceeding 15 metres

but less than 18 metres: not later than … (*).

length exceeding
New built fishing vessels of overall
15 metres are subject to the carrying requirement laid
down in Article 6a as from … (**).’.

Article 2

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (**). They shall forthwith communicate to the
Commission the text of those measures.

When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such reference
on the occasion of their official publication. Member States shall
determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the third day following
that of its publication in the Official
the European
Union.

Journal of

Article 4

Addressees

This Directive is addressed to the Member States.

Done at …

For the European Parliament

The President

…

For the Council

The President

…

(*) 5 years from the entry into force of this Directive.
(**) 18 months from the entry into force of this Directive.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

In November 2005, the Commission adopted its proposal (1) for a Directive of the European Parliament
and of the Council amending Directive 2002/59/EC establishing a Community vessel traffic monitoring
and information system. This proposal was transmitted to the Council on 13 January 2006.

The European Parliament adopted its first-reading opinion on 25 April 2007.

The European Economic and Social Committee adopted its opinion on 13 September 2006 (2).

The Committee of the Regions adopted its opinion on 15 June 2006 (3).

In the framework of the codecision procedure (Article 251 TEC), the Council reached on 7 June 2007, a
political agreement on the draft directive. Following legal/linguistic revision, the Council adopted its
Common Position on 6 June 2008.

II. OBJECTIVE

The main objective of the proposed Directive is to amend Directive 2002/59/EC in order to incorporate
additional measures to enhance ship safety and environmental protection as well as to harmonise the
implementation of the ‘places of refuge’.

The proposal includes in particular the development of the Community maritime safety information
exchange system SafeSeaNet, the designation by Member States of an independent authority for the
accommodation of ships in distress, measures to be taken in the presence of ice as well as the treatment
of uninsured ships. Furthermore, the proposal suggests the use of automatic identification systems (AIS)
to be made compulsory for fishing vessels longer that 15 metres and tightening of the shipper's infor-
mation obligations.

III. ANALYSIS OF THE COMMON POSITION

General

The Common Position on the above proposal, as agreed by the Council, updates the directive in force in
order to contribute to enhanced maritime safety. Although the Council agrees with the Commission as
regards the objective of the proposal, the Council's approach involved some adaptations aiming at
increasing safety in fishing vessels with an overall length of more than 15 metres fitting them with auto-
matic identification systems (AIS), establishing the rules for the acceptance or refusal of ships in need of
assistance in places of refuge and enhancing ship monitoring through the SafeSeaNet information
exchange system.

It should be noted that the Common Position also includes a number of changes other than those envi-
saged in the European Parliament's first-reading opinion as provisions from the Commission's proposal
have been supplemented with new elements or entirely redrafted.

In addition, a number of drafting changes merely seek to clarify the text or to ensure the overall coher-
ence of the directive.

Two major issues, the fitting of automatic identification systems (AIS) to fishing vessels and the accom-
modation of ships in places of refuge, were considered of major significance during the discussions
within the concerned Council bodies.

Specific issues

A. Use of automatic identification systems (AIS)

The use of automatic identification systems (AIS, class A) by fishing vessels with an overall length of
more than 15 metres, which is one of the main feature of the amended directive, was accepted by
the Council. Nonetheless, the Council considers that it is necessary to clearly identify to which
vessels this obligation applies. To this end, Council's Common Position modifies the Commission
proposal and determines precisely the conditions for this mandatory provision.

(1) Doc. 5171/06 — COM(2005) 589 final.
(2) OJ C 318, 23.12.2006.
(3) OJ C 229, 22.9.2006.

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Furthermore, the Council accepted the European Parliament's amendment 17, and consequently,
reference is made in the directive to the IMO Resolution A.917(22) (Guidelines for onboard use of
AIS).

Moreover, the Council reviewed the implementation timetable (annex II(I)) proposed by the Commis-
sion in order to make sure that the time constraints are practically feasible for the concerned parties.
In the Council's opinion, it is necessary to indicate that the shipping vessels equipped with AIS shall
maintain it operational at all times except in some particular cases.

B. Accommodation of ships in places of refuge

The Council is of the opinion that, as regards the accommodation of ships in places of refuge,
Member States should apply the IMO guidelines on places of refuge for ships in need of assistance
(IMO Resolution A.949(23)) that stipulate that the Member State has the right to admit or to
refuse the access of a vessel to a place of refuge. The Council's modification of the Commission's
proposal makes clear that the acceptance or refusal of a ship in need of assistance in a place of
refuge shall be the subject to a prior assessment of the situation carried out on the basis of the plan
for the accommodation and a decision taken by the competent authority. For the Council, it is neces-
sary to ensure that the plans for the accommodation will be prepared on the basis of the IMO
Resolutions A.949(23) (IMO Guidelines on places of refuge for ships in need of assistance) and
A.950(23) (Maritime Assistance Services).

Furthermore, the Council, contrary to the Commission, is of the opinion that the plans for accom-
modation of ships in need of assistance should contain information on the coastline of the Member
States, which should assist the assessment of a ship in need of assistance in a place of refuge. Related
to the communication of these plans to neighbouring Member States, the Council introduced the
possibility for Member States to impose confidentiality.

Another issue raised in the discussions within the Council bodies, in relation to the accommodation
in places of refuge, was the role of ‘the competent authority’. The Council added an additional defini-
tion of ‘competent authority’ aiming at a better understanding of this term and describing the role of
the competent authority. The objective of the Council is to leave sufficient flexibility to Member
States in order to organise their competent authority, taking also due account of their internal
administrative and organisational structures.

Other issues

In addition to the above mentioned two main issues, the Council further modified the Commission's
proposal, in particular regarding measures in the case of ice conditions. On this matter, it was spelled
out that the competent authorities should proceed without prejudice to the duty of assistance and to
relevant international rules.

With regard to the proposed provision on financial guarantees establishing the possibility for Member
States to request an insurance certificate or a financial guarantee to the ship's operator, the Council
considers it inappropriate to refer to another Commission's proposal being examined in the framework
of the codecision procedure (proposal on the civil liability and financial guarantees of shipowners).

In relation to the entry into force of the amended directive, the period granted to Member States in
order to bring into force the national implementation measures for this draft directive was extended
from 12 months to 18 months.

Concerning SafeSeaNet, the Council's Common Position includes a provision, on the basis of the
European Parliament's amendment 65, according to which the Commission shall ensure that SafeSeaNet
is operational on a 24 hours-a-day basis.

IV. EUROPEAN PARLIAMENT'S AMENDMENTS

The Common Position incorporates some of
improving or clarifying the text of the proposed directive.

the European Parliament's first-reading amendments,

The Council accepted in full the amendments 17 and 65 of the European Parliament (as set out in
doc. 8724/07) and agreed to redraft the amendments 22 and 23 so that Article 6a, 2nd paragraph,
should read: ‘Fishing vessels, equipped with AIS, shall maintain it in operation at all times. In exceptional circum-
stances, AIS may be switched off where the master considers this necessary in the interest of the safety or security of
his vessel’.

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However, not all other European Parliament's amendments are reflected in the Common Position. For
different reasons they were not acceptable to the Council. In this way, for example, the amendments 10,
11, 15, 18, 35 and 45 could not be accepted by the Council as they aim at the extension of the directi-
ve's scope. The amendments 5, 31, 32, 33 and 34, which are related to the competent authority, cannot
be accepted by the Council as they are too specific and detailed. They would lead to organisational
inflexibility and do not allow the possibility to take into consideration the specificities of the Member
States. With regard to the use of AIS by fishing vessels, the Council supports the length proposed by the
Commission, taking also account of the additional modifications thereto included in the Common Posi-
tion. Therefore, the amendments 24, 50 and 51 could not be supported by the Council. The amend-
ments 8, 9, 38, 39, 40 and 41 were considered by the Council as inappropriate as they refer to another
proposal of the third maritime safety package which is still in the process of examination in the frame-
work of the codecision procedure. Concerning the exchange of confidential information (amendments 7,
37, 44, 47 and 64), the Council is of the opinion that these amendments might raise some problems
related to the confidentiality of the concerned information. Finally, on the amendments 50, 52, 53
and 54 specifying when the different fishing vessels shall be subject to the provisions of the directive,
the Council considers that the implementation timetable included in the Common Position might be
more appropriate for the concerned parties.

The Council also considers that some amendments could be more appropriate as recitals, such as the
amendments 42 and 43.

V. CONCLUSION

The Council is of the opinion that the Common Position enables Member States to take appropriate and
preventive actions as well as to respond correctly to dangerous situations.

The Council looks forward to constructive discussions with the European Parliament with a view to the
early adoption of the directive.