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 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2008-11-26
Institutions: European Commission
Subjects: international standard, maritime safety, pollution from ships, prevention of pollution, roadworthiness tests, technical rule, transport safety, vessel

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.11.2008 
COM(2008) 828 final 

2005/0237 (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 

on common rules and standards for ship inspection and survey organizations and for the 
relevant activities of maritime administrations 

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

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2005/0237 (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 

on common rules and standards for ship inspection and survey organizations and for the 
relevant activities of maritime administrations 

(Text with EEA relevance) 

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  34  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

Date on which the proposal was sent to the European Parliament 
and to the Council 
(document COM(2005) 587 final – 2005/0237COD): 

30 January 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

13 September 2006 

Date of the opinion of the Committee of the Regions: 

15 June 2006 

Date of the opinion of the European Parliament, first reading: 

25 April 2007 

Date of adoption of the common position: 

6 June 2008 

Date of the opinion of the European Parliament, second reading 

24 September 2008 

3. 

PURPOSE OF THE PROPOSAL 

The aim of the proposal is to reform the current system for Community recognition 
of the bodies tasked by the Member States with inspecting and certifying ship safety 
under international agreements (classification societies), a system set up by Directive 
94/57/EC (OJ L 319 of 12.12.1994, p. 20). The recasting technique is used for this 
fourth updating of this Directive.  

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More specifically, the aim of the proposal for recasting is to: 

(1) 

(2) 

(3) 

(4) 

(5) 

strengthen the systems for monitoring recognised organisations by setting up 
a  certification  body  to  certify  the  common  but  independent  quality 
management systems of these organisations; 

harmonise the current dual system of ordinary and limited recognition, which 
would mean henceforth recognition will be granted on the basis of the quality 
of service and the performance achieved by the organisations concerned, with 
the size of such organisations no longer a factor;  

simplify  and  improve  the  structure  of  the  Community  recognition  criteria, 
making them more stringent; 

reform the system of penalties, which currently only provides for suspension 
or withdrawal of recognition; The aim of the proposal is to establish a system 
of more measured and more effective financial penalties, whilst retaining the 
scope for withdrawal for the most serious cases; 

introduce  mutual  recognition  of  classification  certificates  between  the 
recognised  organisations  (certificates  of  conformity  with  the  technical  rules 
internal to these bodies), in particular those governing marine equipment that 
are issued on the basis of equivalent technical standards; 

(6) 

clarify  the  scope  and  facilitate  the  application  of  certain  provisions  of  the 
Directive. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission accepts in full amendments 1, 14 to17, 19 to 24, 33 and 34. 

Amendments accepted in part 

– 

The  Commission  accepts  part  a)  of  Amendment  8;  but  not  part  b),  which  restates 
Parliament's  opinion  in  first  reading,  as  the  Commission  considers  the  Common 
Position to provide a more appropriate text for the reasons given in its opinion of 11 
June 20081. 

Amendments accepted in principle: 

– 

The  Commission  can  accept  Amendments  10,  11  and  12  in  principle,  given  that 
they incorporate elements from its proposal for a Directive on compliance with Flag 
State  obligations;  however,  the  definitions  introduced  by  these  amendments  should 
only apply to the provisions concerning Flag State obligations. 

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COM(2008) 370 final 

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The  Commission  notes  that  the  Council  achieved  a  political  agreement  concerning  its 
proposal  on  a  Directive  on  Flag  State  obligations.  This  political  agreement  concerns  the 
subject  matter  of  amendments  1,  10  to  12,  14  to17,  19  to  24  and  33  and  therefore  renders 
these amendments no longer necessary within the perspective of the conciliation procedure. 

4.2. 

Amendments rejected by the Commission 

– 

The Commission rejects Amendments 2 to 7, 9, 13, 18 and 25 to 32, which restate 
Parliament's  opinion  in  first  reading,  as  the  Commission  considers  the  Common 
Position to provide a more appropriate text for the reasons stated in its opinion of 11 
June 2008. 

5. 

CONCLUSION 

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

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