CELEX: 51998PC0319
Language: en
Date: 1998-05-14
Title: Re-examined proposal for a Council Directive amending Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 14.05.1998
                                                COM(1998) 319 final
                                                96/0231 (SYN)
          Re-examined proposal for a Council Directive
amending Directive 93/75/EEC concerning minimum requirements
 for vessels bound for or leaving Community ports and carrying
                     dangerous or polluting goods
          (presented by the Commission pursuant to Article 189 c (d)
                              of the EC Treaty)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
During its 9-13 March 1998 Plenary Session, the European Parliament adopted 4
amendments to the Council's common position of 11 December 1997 on the proposal
for a Council Directive amending Directive 93/75/EEC concerning minimum
requirements for vessels bound for or leaving Community ports and carrying
dangerous or polluting goods.
Pursuant to Article 189 c, section (d) of the EC Treaty, the Commission has re-
examined its proposal and decided to accept amendments n° 2 and n° 4, but not
amendments n° 1 and n°3, for the following reasons.
• Amendment n° 1 related to the fifth recital of the common position:
This amendment states that amendments adopted through the Committee referred to in
Article 18 of the Directive shall not weaken the Directive, nor substantially modify its
provisions without recourse to the appropriate legislative procedure.
Although the Commission agrees with the concern expressed through this
amendment, it cannot be accepted, for drafting reasons, since it repudiates the express
provision which reaffirms ships in transit cannot be brought within the scope of this
Directive. This text was added by the Council in its common position and supported
by the Commission, given the pending proposal on a European ship-reporting system
(COM(93) 647 final). Besides, since the text added by the Council also states that the
amendments adopted through the Committee procedure shall not alter the reporting
requirements of the Directive, the Commission believes that this applies equally to
any weakening as well as to any broadening of the scope of the Directive.
• Amendment n° 2 related to Article 1. Paragraph 1. second indent of the common
position:
This amendment refers to the version of the INF Code {Code for the safe carriage of
irradiated nuclear fuel, plutonium and high level radioactive wastes in flasks on
board ships, of the International Maritime organization) in force on the 1 st January
1998, instead of 1st January 1996 as stated by the Council in its common position.
The Commission fully supports this amendment, which takes into consideration the
amendments to the Code which were adopted by the IMO assembly in November
1997.
                                            2_
 ---pagebreak--- Amendment n" 3 introducing a new Article H la) in the text of the proposed
Directive:
This amendment was already proposed by the European Parliament, in similar terms,
in first reading. It aims at introducing notification requirements for vessels in transit
through the territorial waters of Member States. This situation is already dealt with in
the proposed Council Directive for a European Ship reporting System (Eurorep)
adopted by the Commission on the 17th of December 1993, and still before the
Council.
Therefore, as in first reading, the Commission cannot accept this amendment.
Amendment n° 4 related to Article 1. paragraph 2. second indent of the common
position:
This amendment, referring to the scope of the Committee procedure as described in
Article 11 of Directive 93/75/EEC, states that amendments to the Annexes adopted
through the Committee procedure shall not represent a weakening of safety and
marine protection provisions.
This is fully in line with the concern expressed by the Commission that it might be
possible that developments occur at international level, in particular in the IMO,
which would result in a lowering of existing safety and environmental standards. The
Commission therefore can approve such an amendment, which will ensure that the
general level of safety and environmental standards as laid down in this Directive is
nevertheless maintained should such developments occur at international level.
Annex 1:         Re-examined proposal
Annex 2:         Amendments adopted by the European Parliament and not accepted by
                 the Commission
                                               i
 ---pagebreak---                                          Annex 1
                               Re-examined proposal for a
                                    Council Directive
  amending Directive 93/75/EEC concerning minimum requirements for vessels
                         bound for or leaving Community ports
                      and carrying dangerous or polluting goods
          — Common position —                             Re-examined proposal
                                 Article 1(1), 2nd indent
                            Article 2(1) (Directive 93/75/EEC)
(i) "INF Code" means the IMO code for          (i) "INF Code" means the IMO code for
the safe carriage of irradiated nuclear        the safe carriage of irradiated nuclear
fuel, plutonium and high-level radioactive     fuel, plutonium and high-level radioactive
wastes in flasks on board ships, as it is in   wastes in flasks on board ships, as it is in
force on 1 January 1996.                       force on 1 January 1998.
                                 Article 1(2), 2nd indent
                      Article 11, new indent (Directive 93/75/EEC)
- amend the Annexes to this Directive in       - amend the Annexes to this Directive in
line with the relevant subsequent              line with the relevant subsequent
amendments to international conventions,       amendments to international conventions,
codes and resolutions on safety at sea and     codes and resolutions on safety at sea and
protection of the marine environment           protection of the marine environment
which have entered into force, without         which have entered into force and which
broadening its scope.                          do not represent a weakening of safety
                                               and marine protection provisions, without
                                               broadening its scope.
                                             <f
 ---pagebreak---                                          Annex 2
                    Amendments adopted by European Parliament
                          but not accepted by the Commission
           — Common position —                           — Amendment adopted
                                                         by European Parliament
                                         Recital 5
Whereas it should be possible to amend        Whereas it should be possible to amend
Annexes 1 and II to Directive 93/75/EEC, Annexes I and II to Directive 93/75/EEC,
through a simplified procedure, in line       through a simplified procedure, in line
with developments in international law        with developments in international law
and, in particular, with amendments to        and, in particular, with amendments to
international conventions, codes and          international conventions, codes and
resolutions not referred to in Article 2 of resolutions not referred to in Article 2 of
the Directive which have entered into         the Directive which have entered into
force since the Directive was adopted;        force since the Directive was adopted;
whereas, however, these amendments            whereas, however, these amendments
should neither broaden the scope of the       should not weaken the provisions of this
Directive, nor alter the reporting            Directive, nor substantially modify its
requirements as described in the              provisions  without recourse to the
Directive, and in particular should not       appropriate legislative procedure:
lead to extending the reporting               whereas   the procedure provided for in
requirements as described in the Directive    Article  12 of the Directive appears to be
to transiting ships: whereas the procedure the most appropriate way of introducing
provided for in Article 12 of the Directive such amendments; whereas Article 11
appears to be the most appropriate way of should be supplemented to that effect;
introducing such amendments; whereas
Article 11 should be supplemented to that
effect;
                                   Article 1(1 a) (new)
                       Article 5(1 a) (new) (Directive 93/75/EEC
                                              la, In Article 5. the following paragraph
                                                   shall be added;
                                              "la. The operator of a vessel transporting
                                              dangerous or polluting goods whilst
                                              transiting through the territorial waters of
                                              the European Community without
                                              stopping at a Community port shall also
                                              notify the coastal Member States on
                                              route, before beginning the voyage, of all
                                              informatJQn listed in Annex I,"
                                            s
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(98) 319 final
                                                DOCUMENTS
EN                                                               07 14 01 02
                                    Catalogue number : CB-CO-98-319-EN-C
                                                               ISBN 92-78-36142-9
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