Index 
Texts adopted
Wednesday, 25 April 2007 - StrasbourgFinal edition
Transmission of national accounts data ***I
  Resolution
  Consolidated text
 Multilateral Agreement on the Establishment of a European Common Aviation Area *
 Adaption of Title IV of the EC Treaty – Court of Justice *
 Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation *
 Common rules in the field of civil aviation security ***II
  Resolution
  Consolidated text
 Assessment and management of flood risks ***II
  Resolution
  Consolidated text
 Advanced therapy medicinal products ***I
  Resolution
  Consolidated text
 Enforcement of intellectual property rights (criminal measures) ***I
  Resolution
  Consolidated text
 Community vessel traffic monitoring ***I
  Resolution
  Consolidated text
 Investigation of accidents ***I
  Resolution
  Consolidated text
 Liability of carriers of passengers by boat in the event of accidents ***I
  Resolution
  Consolidated text
 Port State control ***I
  Resolution
  Consolidated text
 Ship inspection and survey organisations ***I
  Resolution
  Consolidated text
 Temporary committee on climate change
 Damages actions for breach of competition rules
 Multilateral Agreement on the Establishment of a European Common Aviation Area
 Thematic Strategy on the sustainable use of natural resources
 Transatlantic relations
 Progress report on Croatia

Transmission of national accounts data ***I
DOC 72k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2223/96 with respect to the transmission of national accounts data (COM(2005)0653 – C6-0438/2005 – 2005/0253(COD) )
P6_TA(2007)0138 A6-0122/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0653 )(1) ,

–   having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0438/2005 ),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0122/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Calls on the Council and Commission to commit themselves while implementing this amended regulation to initiating without delay the further improvement of the set of comparable and comprehensive national accounts data in the fields of health, education and social policies as an important statistical basis for structural and macro-economic policy assessments in the framework of the Lisbon strategy;

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

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 amending Council Regulation (EC) No 2223/96 with respect to the transmission of national accounts data

P6_TC1-COD(2005)0253


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2007.)

(1) Not yet published in OJ.


Multilateral Agreement on the Establishment of a European Common Aviation Area *
DOC 33k
European Parliament legislative resolution of 25 April 2007 on the proposal for a Council decision on the conclusion of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (COM(2006)0113 – C6-0218/2006 – 2006/0036(CNS) )
P6_TA(2007)0139 A6-0060/2007

(Consultation procedure)

The European Parliament ,

–   having regard to the proposal for a Council decision (COM(2006)0113 )(1) ,

–   having regard to Article 80(2), in conjunction with Article 300(2), first subparagraph, first sentence, and Article 300(4) of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0218/2006 ),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0060/2007 ),

1.   Approves the conclusion of the Agreement;

2.   Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and of the Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo.

(1) Not yet published in OJ.


Adaption of Title IV of the EC Treaty – Court of Justice *
DOC 31k
European Parliament legislative resolution of 25 April 2007 on the draft Council decision adapting the provisions concerning the Court of Justice in fields covered by Title IV of Part Three of the Treaty establishing the European Community (COM(2006)0346 – C6-0304/2006 – 2006/0808(CNS) )
P6_TA(2007)0140 A6-0082/2007

(Consultation procedure)

The European Parliament ,

–   having regard to the draft Council decision annexed to the Commission communication (COM(2006)0346 - C6-0304/2006 ),

–   having regard to Article 67(2), second indent, of the EC Treaty, pursuant to which the Council consulted Parliament,

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

–   having regard to the report of the Committee on Legal Affairs (A6-0082/2007 ),

1.   Approves the draft Council decision;

2.   Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.   Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

4.   Asks the Council to consult Parliament again if it intends to amend the draft decision substantially;

5.   Calls on the Council to speed up the activation of the "passerelle" clauses in order to remove the restrictions on the powers of the Court of Justice in connection with Title IV of the Treaty, while pointing out that it has already called on the Council to remove those restrictions;

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


Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation *
DOC 32k
European Parliament legislative resolution of 25 April 2007 on the proposal for a Council decision concerning the conclusion on behalf of the European Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (COM(2006)0665 – C6-0475/2006 – 2006/0227(CNS) )
P6_TA(2007)0141 A6-0126/2007

(Consultation procedure)

The European Parliament ,

–   having regard to the proposal for a Council decision (COM(2006)0665 )(1) ,

–   having regard to Articles 181a and 300(2) first subparagraph of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0475/2006 ),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0126/2007 ),

1.   Approves the conclusion of the Framework Agreement and the Protocol thereto;

2.   Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and of Norway and Russia.

(1) Not yet published in OJ.


Common rules in the field of civil aviation security ***II
DOC 134k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (14039/1/2006 – C6-0041/2007 – 2005/0191(COD) )
P6_TA(2007)0142 A6-0134/2007

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (14039/1/2006 – C6-0041/2007 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0429 )(2) ,

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0134/2007 ),

1.   Approves the common position as amended;

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

Position of the European Parliament adopted at second 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 common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002

P6_TC2-COD(2005)0191


(Text with EEA relevance)

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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(3) ,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   In order to protect persons and goods within the European Union, acts of unlawful interference with civil aircraft which jeopardise the security of civil aviation should be prevented by establishing common rules for safeguarding civil aviation. This objective should be achieved by setting common rules and common basic standards on aviation security as well as mechanisms for monitoring compliance.

(2)   It is desirable, in the interests of civil aviation security generally, to provide the basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation of 7 December 1944.

(3)   Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security(5) was adopted as a result of the events of 11 September 2001 in the United States.

(4)   The content of Regulation (EC) No 2320/2002 should be revised in the light of the experience gained, and the Regulation itself should be repealed and replaced by this Regulation seeking the simplification, harmonisation and clarification of the existing rules and the improvement of the levels of security.

(5)   Given the need for more flexibility in adopting security measures and procedures in order to meet evolving risk assessments and to allow new technologies to be introduced, this Regulation should lay down the basic principles of what has to be done in order to safeguard civil aviation against acts of unlawful interference without going into technical and procedural details on how they are to be implemented.

(6)   This Regulation should apply to airports serving civil aviation located in the territory of a Member State, to operators providing services at such airports and to entities providing goods and/or services to or through such airports.

(7)   Without prejudice to the Convention on offences and certain other acts committed on board aircraft, Tokyo, 1963, the Convention for the suppression of unlawful seizure of aircraft, The Hague, 1970 and the Convention for the suppression of unlawful acts against the safety of civil aviation, Montreal, 1971, this Regulation should also cover security measures that apply on board an aircraft, or during a flight, of Community air carriers.

(8)   Each Member State may decide for itself whether to deploy in-flight security officers on aircraft registered in that Member State and on aircraft of air carriers licensed by that Member State.

(9)   The various types of civil aviation do not necessarily present the same level of threat. In setting common basic standards on aviation security, the size of the aircraft, the nature of the operation and/or the frequency of operations at airports should be taken into account with a view to permitting the grant of derogations.

(10)   Member States should also be allowed, on the basis of a risk assessment, to apply more stringent measures than those laid down in this Regulation. A distinction should be drawn, however, between common basic standards and more stringent measures and a similar distinction should be drawn as regards their funding.

(11)   Third countries may require the application of measures that differ from those laid down in this Regulation in respect of flights from an airport in a Member State to, or over, that third country. However, without prejudice to any bilateral agreements to which the Community is a party, it should be possible for the Commission to examine the measures required by the third country and to decide whether a Member State, operator or other entity concerned may continue to apply the measures required .

(12)   Even though, within a single Member State, there may be two or more bodies or entities involved in aviation security, each Member State should designate a single authority responsible for the coordination and monitoring of the implementation of security standards .

(13)   In order to define responsibilities for the implementation of the common basic standards and to describe what measures are required by operators and other entities for this purpose, each Member State should draw up a national civil aviation security programme. Furthermore, each airport operator, air carrier and entity applying aviation security standards should draw up, apply and maintain a security programme in order to comply both with this Regulation and with whichever national civil aviation security programme is applicable.

(14)   In order to monitor compliance with this Regulation and with the national civil aviation security programme, each Member State should draw up and ensure the implementation of a national programme to check the level of civil aviation security.

(15)   In order to monitor the application by Member States of this Regulation, and also to make recommendations to improve aviation security, the Commission should conduct inspections, including unannounced inspections.

(16)    In the context of the forthcoming extension of its competences, the European Aviation Safety Agency should gradually become involved in the monitoring of compliance with common provisions on civil aviation security.

(17)    Implementing acts setting out common measures and procedures for the implementation of the common basic standards and containing sensitive security information, together with Commission inspection reports and answers of appropriate authorities, should be regarded as "EU classified information" within the meaning of Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedure(6) . Those items should not be published; they should only be made available to those operators and entities with a legitimate interest.

(18)    The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7) .

(19)    In particular, power should be conferred on the Commission to establish the conditions under which the measures referred to in Articles 4(5) and 13(2) are to be adopted. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(20)    For the purpose of allowing transfer passengers and transfer baggage to be exempted from screening when arriving on a flight from a third country, which is known as the concept of "one-stop security", as well as for allowing passengers arriving on such a flight to mix with screened departing passengers, it is appropriate to encourage the conclusion of agreements between the Community and third countries, recognising that the security standards applied in the third country are equivalent to Community standards.

(21)    The goal of "one-stop security" for all flights within the European Union should be advanced.

(22)    This Regulation is without prejudice to the application of rules on aviation safety, including those relating to the transport of dangerous goods.

(23)    Penalties should be provided for infringements of the provisions of this Regulation. Those penalties should be effective, proportionate and dissuasive.

(24)    The Ministerial Statement on Gibraltar Airport, agreed in Cordoba on 18 September 2006 during the first Ministerial meeting of the Forum of Dialogue on Gibraltar, will replace the Joint Declaration on Gibraltar Airport made in London on 2 December 1987, and full compliance with it will be deemed to constitute compliance with the 1987 Declaration.

(25)    Consideration should be given to the setting up of a solidarity mechanism that could offer assistance following terrorist acts that have a major impact in the transport field.

(26)    Since the objectives of this Regulation, namely to safeguard civil aviation against acts of unlawful interference and to provide a basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.   This Regulation establishes common rules to protect civil aviation against acts of unlawful interference that jeopardise its security .

It also provides the basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation.

2.  The means of achieving the objectives set out in paragraph 1 shall be:

   a) the setting of common rules and common basic standards on aviation security;
   b) mechanisms for monitoring compliance.

Article 2

Scope

1.  This Regulation shall apply to the following:

   a) all airports or parts of airports serving civil aviation located in the territory of a Member State;
   b) all operators, including air carriers, providing services at airports referred to in point (a);
   c) all entities applying aviation security standards that operate from premises located inside or outside airport premises and provide goods and/or services to or through airports referred to in point (a).

2.   The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

Article 3

Definitions

For the purposes of this Regulation:

   1) "civil aviation" means any air transport operation, both commercial and non-commercial, as well as both scheduled and non-scheduled operations, but excluding operations carried out by state aircraft referred to in Article 3 of the Chicago Convention on International Civil Aviation;
   2) "aviation security" means the combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference that jeopardise the security of civil aviation ;
   3) "airport" means any area of land [or water] specially adapted for the landing, taking-off and manoeuvres of aircraft, including ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services;
   4) "operator" means a person, organisation or enterprise engaged, or offering to engage, in an air transport operation;
   5) "air carrier" means an air transport undertaking holding a valid operating licence or equivalent;
   6) "Community air carrier" means an air carrier holding a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(8) ;
   7) "entity" means a person, organisation or enterprise, other than an operator;
   8) "prohibited articles" means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises security ;
   9) "screening" means the application of technical or other means which are intended to identify and/or detect prohibited articles;
   10) "security control" means the application of means by which the introduction of prohibited articles may be prevented;
   11) "access control" means the application of means by which the entry of unauthorised persons or unauthorised vehicles, or both, may be prevented;
   12) "airside" means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is restricted;
   13) "landside" means those parts of an airport, adjacent terrain and buildings or portions thereof that are not airside;
   14) "security restricted area" means that area of airside where, in addition to access being restricted, access control is applied;
   15) "demarcated area" means an area that is not accessible to the general public and that is separated from security restricted areas, or, if the demarcated area itself is a security restricted area, from other security restricted areas of an airport;
   16) "background check" means a verifiable check of a person's identity, including any criminal history and intelligence data ;
   17) "transfer passengers, baggage, cargo or mail" means passengers, baggage, cargo or mail departing on an aircraft other than that on which they arrived;
   18) "transit passengers, baggage, cargo or mail" means passengers, baggage, cargo or mail departing on the same aircraft as that on which they arrived on a flight with the same flight number ;
   19) "potentially disruptive passenger" means a passenger who is either a deportee, a person deemed to be inadmissible for immigration reasons or a person in lawful custody;
   20) "cabin baggage" means baggage intended for carriage in the cabin of an aircraft;
   21) "hold baggage" means baggage intended for carriage in the hold of an aircraft;
   22) "accompanied hold baggage" means baggage, carried in the hold of an aircraft, which has been checked in for a flight by a passenger travelling on that same flight;
   23) "air carrier mail" means mail whose origin and destination are both an air carrier;
   24) "air carrier materials" means materials either whose origin and destination are both an air carrier or that are used by an air carrier;
   25) "mail" means letters, packages, dispatches of correspondence and other articles intended for delivery to postal service companies responsible for handling them in accordance with the provisions of the Universal Postal Union (UPU) ;
   26) "cargo" means any property intended for carriage on an aircraft, other than baggage, mail, air carrier mail, air carrier materials and in-flight supplies;
   27) "regulated agent" means an air carrier, agent, freight forwarder or any other entity that ensures security controls in accordance with this Regulation in respect of cargo or mail;
   28) "known consignor" means a consignor who originates cargo or mail and whose procedures meet common security rules and standards sufficient to allow carriage of cargo or mail on any aircraft;
   29) "account consignor" means a consignor who originates cargo or mail and whose procedures meet common security rules and standards sufficient to allow carriage of that cargo on all-cargo aircraft and aircraft carrying mail only ;
   30) "aircraft security check" means an inspection of those parts of the interior of the aircraft to which passengers may have had access, together with an inspection of the hold of the aircraft in order to detect prohibited articles and unlawful interferences that jeopardise the security of the aircraft;
   31) "aircraft security search" means an inspection of the interior and accessible exterior of the aircraft in order to detect prohibited articles and unlawful interferences that jeopardise the security of the aircraft;
   32) "in-flight security officer" means a person who is employed by a Member State to travel on an aircraft of an air carrier licensed by it with the purpose of protecting that aircraft and its occupants against acts of unlawful interference that jeopardise the security of the flight .

Article 4

Common basic standards

1.   The common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise its security shall be as laid down in the Annex.

2.    Member States and users shall share the costs of the application of the common basic standards for tackling acts of unlawful interference. In order to avoid any distortion of competition between Member States and between airports, air carriers and other entities concerned within the Community as well as between Member States and third countries, the Commission shall, as soon as possible, submit a proposal to introduce uniform arrangements for financing these security measures.

3.    Detailed measures for the implementation of the common basic standards referred to in paragraph 1 shall be laid down in accordance with the regulatory procedure referred to in Article 19(2) .

These measures shall, in particular, concern:

   a) methods of screening, access control and other security controls;
   b) methods of performing aircraft security checks and aircraft security searches;
   c) prohibited articles;
   d) performance criteria and acceptance tests for equipment;
   e) staff recruitment and training requirements;
   f) the definition of critical parts of security restricted areas;
   g) the obligations of, and the validation procedures for, regulated agents, known consignors and account consignors;
   h) categories of persons, goods and aircraft that for objective reasons shall be subject to special security procedures or shall be exempted from screening, access control or other security controls;
   i) background checks.

4.    The detailed measures for the implementation of the common basic standards shall expire six months after their entry into force. The detailed measures may be maintained in accordance with the regulatory procedure referred to in Article 19(2), but only after a thorough re-evaluation of the security risks and a thorough evaluation of the costs and operational impact associated with those measures.

5.    The Commission shall set, in accordance with the regulatory procedure with scrutiny referred to in Article 19(3), criteria for allowing Member States to derogate from the common basic standards referred to in paragraph 1 and to adopt security measures that provide an adequate level of protection at airports, or demarcated areas thereof, on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, the nature of the operation and/or the frequency of operations at the airports concerned .

6.    Member States shall ensure the application of the common basic standards referred to in paragraph 1 .

7.    Each of the detailed measures and procedures for the implementation of the common basic standards referred to in paragraph 1 shall be laid down on the basis of a risk and impact assessment. The assessment shall include estimated costs.

8.    Member States shall inform the Commission of those measures laid down under paragraph 3 the financial and other costs of which, upon implementation of the measure, are disproportionate to the added security, if any, which the measure establishes. In such instances the Commission shall allow Member States to derogate from the common basic standards in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

Article 5

Transparency in charging

Where airport or on-board security costs are included in the price of an air ticket, those costs shall be shown separately on the ticket or otherwise indicated to the passenger.

Article 6

Hypothecation of security taxes and charges

Security taxes and charges, whether levied by Member States or by air carriers or entities shall be transparent, shall be used exclusively to meet airport or on-board aircraft security costs and shall not exceed the costs of applying the common basic standards referred to in Article 4.

Article 7

Action to be taken in the event of a security breach

Where they have reason to believe that the level of security has been compromised through a security breach, Member States shall ensure that appropriate and prompt action is taken to rectify that breach and ensure the continuing security of civil aviation.

Article 8

More stringent measures applied by Member States

1.   Member States may apply more stringent measures than the common basic standards referred to in Article 4. In doing so, they shall act on the basis of a risk assessment and in compliance with Community law. More stringent measures shall be relevant, objective, non-discriminatory and proportional to the risk that is being addressed.

2.   The Commission may examine the application of paragraph 1 and, after consulting the Committee referred to in Article 19, decide whether the Member State is allowed to continue to apply the measures.

The Commission shall communicate its decision to the Council and the Member States.

Within one month of the decision being communicated by the Commission, a Member State may refer the decision to the Council. The Council, acting by qualified majority, may, within a period of three months, take a different decision.

3.   Paragraph 2 shall not apply if the more stringent measures are limited to a given flight on a specific date.

4.    Member States shall meet the costs of applying more stringent measures, as referred to in paragraph 1.

Article 9

Security measures required by third countries

1.   Without prejudice to any bilateral agreements to which the Community is a party, a Member State shall notify the Commission of measures required by a third country if they differ from the common basic standards referred to in Article 4 in respect of flights from an airport in a Member State to, or over, that third country.

2.    The Commission shall cooperate with the International Civil Aviation Organization (ICAO) in fields falling within the scope of this Regulation. To facilitate such cooperation, the Commission is authorised to conclude agreements with the ICAO for the purpose of exchanging information and mutual support in connection with audits and inspections. The Commission shall negotiate those agreements with the assistance of the Committee referred to in Article 19.

3.    At the request of the Member State concerned or on its own initiative, the Commission shall examine the application of paragraph 1 and may, in accordance with the regulatory procedure referred to in Article 19(2) , and after consulting the third country, draw up an appropriate response to the third country .

The Commission shall communicate its decision to the Council and the Member States.

4.   Paragraphs 1 and 2 shall not apply if:

   a) the Member State concerned applies the measures concerned in accordance with Article 8 ; or
   b) the requirement of the third country is limited to a given flight on a specific date.

Article 10

National authority

Where, within a single Member State, two or more bodies are involved in civil aviation security, that Member State shall designate a single authority (hereinafter referred to as "the appropriate authority") to be responsible for the coordination and monitoring of the implementation of the common basic standards referred to in Article 4.

Article 11

Programmes

Member States, airport operators, air carriers and other entities applying aviation security standards shall be responsible for drawing up, applying and maintaining their respective security programmes in the manner set out in Articles 12 to 16.

Member States shall additionally perform the broad quality-control function defined in Article 17.

Article 12

National civil aviation security programme

1.   Every Member State shall draw up, apply and maintain a national civil aviation security programme.

That programme shall define responsibilities for the implementation of the common basic standards referred to in Article 4 and shall describe the measures required by operators and entities for this purpose.

2.   The appropriate authority shall make available in writing on a "need to know" basis the appropriate parts of its national civil aviation security programme to operators and entities with a legitimate interest.

Article 13

National quality control programme

1.   Every Member State shall draw up, apply and maintain a national quality control programme.

That programme shall enable the Member State to check the quality of civil aviation security in order to monitor compliance both with this Regulation and with its national civil aviation security programme.

2.   The specifications for the national quality control programme shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

The programme shall allow for the swift detection and correction of deficiencies. It shall also provide that all airports, operators and entities responsible for the implementation of aviation security standards that are located in the territory of the Member State concerned shall be regularly monitored directly by, or under the supervision of, the appropriate authority.

Article 14

Airport security programme

1.   Every airport operator shall draw up, apply and maintain an airport security programme.

That programme shall describe the methods and procedures which are to be followed by the airport operator in order to comply both with this Regulation and with the national civil aviation security programme of the Member State in which the airport is located.

The programme shall also describe how compliance with these methods and procedures is monitored by the airport operator.

2.   The airport security programme shall be submitted to the appropriate authority.

Article 15

Air carrier security programme

1.   Every Member State shall ensure that air carriers providing services from their territory implement and maintain an air carrier security programme appropriate to meeting the requirements of national civil aviation security programmes .

That programme shall describe the methods and procedures which are to be followed by the air carrier in order to comply both with this Regulation and with the national civil aviation security programme of the Member State from which it provides services.

The programme shall also describe how compliance with these methods and procedures is monitored by the air carrier.

2.   Upon request, the air carrier security programme shall be submitted to the appropriate authority.

3.   Where a Community air carrier security programme has been validated by the appropriate authority of the Member State granting the operating licence, it shall be recognised by all other Member States. Such validation and recognition shall not apply to those parts of the programme that relate to any more stringent measures that are to be applied in a Member State other than the Member State granting the operating licence.

Article 16

Security programme of a regulated agent applying aviation security standards

1.   Every regulated agent required under the national civil aviation security programme referred to in Article 12 to apply aviation security standards shall draw up, apply and maintain a security programme.

That programme shall describe the methods and procedures which are to be followed by the regulated agent in order to comply primarily with the national civil aviation security programme of the relevant Member State in respect of its operations in that Member State and with this Regulation .

The programme shall also describe how compliance with these methods and procedures is to be monitored by the regulated agent itself .

2.   Upon request, the security programme of the regulated agent applying aviation security standards shall be submitted to the appropriate authority .

Article 17

Commission inspections

1.   The Commission shall instruct the European Aviation Safety Agency , acting in cooperation with the appropriate authority of the Member State concerned, to conduct inspections, including inspections of airports, operators and entities applying aviation security standards - in order to monitor the application by Member States of this Regulation, to identify weak points in aviation security and, as appropriate, to make recommendations to improve aviation security. For this purpose, the appropriate authority shall inform the Commission in writing of all airports in its territory serving civil aviation other than those covered by Article 4(5) .

The procedures for conducting Commission inspections shall be adopted in accordance with the regulatory procedure referred to in Article 19(2) .

2.   Commission inspections of airports, operators and entities applying aviation security standards shall be unannounced.

3.   Each Commission inspection report shall be communicated to the appropriate authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy any identified deficiencies.

The report, together with the answer of the appropriate authority, shall subsequently be communicated to the appropriate authority of the other Member States.

4.    The Commission shall ensure that every European airport that falls within the scope of this Regulation is inspected at least once before ... (9) .

Article 18

Dissemination of information

The following documents shall be regarded as "EU classified documents" for the purposes of Decision 2001/844/EC, ECSC, Euratom, and shall not be placed in the public domain:

   a) measures and procedures as referred to in Articles 4(3) and 4(5) , if containing sensitive security information;
   (b) Commission inspection reports and answers of the appropriate authorities, as referred to in Article 17(3) .

Article 19

Committee procedure

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

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

Article 20

Report

Every year the Commission shall present a report to the European Parliament, the Council, the Member States and the national parliaments, informing them of the application of this Regulation and its impact on improving air security, as well as of any weaknesses or shortcomings brought to light by the Commission's checks and inspections.

Article 21

Stakeholders' Advisory Group

Without prejudice to the role of the Committee referred to in Article 19, the Commission shall establish a Stakeholders' Advisory Group on Aviation Security, composed of European representative organisations engaged in, or directly affected by, aviation security. The role of this group shall be solely to advise the Commission. The Committee referred to in Article 19 shall keep the Stakeholders' Advisory Group informed during the entire regulatory process.

Article 22

Publication of information

Every year the Commission shall draw conclusions from the inspection reports and publish, in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (10) a report on the implementation of this Regulation and on the situation in the Community as far as aviation security is concerned.

Article 23

Third countries

Agreements recognising that the security standards applied in a third country are equivalent to Community standards should be included in global aviation agreements between the Community and a third country in accordance with Article 300 of the Treaty, in order to advance the goal of "one-stop security" for all flights between the European Union and third countries.

Article 24

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 25

Repeal

Regulation (EC) No 2320/2002 is hereby repealed.

Article 26

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from …(11) , with the exception of Articles 4(3), 4(5), 13(2), 17(1) and 19 , which shall apply from ...(12) *.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

COMMON BASIC STANDARDS FOR SAFEGUARDING CIVIL AVIATION AGAINST ACTS OF UNLAWFUL INTERFERENCE (ARTICLE 4)

1.   AIRPORT SECURITY

1.1.   Airport planning requirements

1.   When designing and constructing new airport facilities or altering existing airport facilities, requirements for the implementation of the common basic standards set out in this Annex and its implementing acts shall be fully taken into account.

2.  At airports the following areas shall be established:

   a) landside;
   b) airside;
   c) security restricted areas; and
   d) critical parts of security restricted areas.

1.2.   Access control

1.   Access to airside shall be restricted in order to prevent unauthorised persons and vehicles from entering these areas.

2.   Access to security restricted areas shall be controlled in order to ensure that no unauthorised persons and vehicles enter these areas.

3.   Persons and vehicles may be granted access to airside and security restricted areas only if they fulfil the required security conditions.

4.   All staff , including flight crew members, shall have successfully completed a background check before an airport or crew identification card is issued to them authorising unescorted access to security restricted areas. Identification cards may be recognised by an appropriate authority other than that which issued the identification card concerned.

1.3.   Screening of persons other than passengers and items carried

1.   Persons other than passengers, together with items carried, shall be screened on a continuous random basis upon entering security restricted areas in order to prevent prohibited articles from being introduced into these areas.

2.   All persons other than passengers, together with items carried, shall be screened upon entering critical parts of security restricted areas in order to prevent prohibited articles from being introduced into these parts.

1.4.   Examination of vehicles

Vehicles entering a security restricted area shall be examined in order to prevent prohibited articles from being introduced into these areas.

1.5.   Surveillance, patrols and other physical controls

There shall be surveillance, patrols and other physical controls in the security restricted areas and all adjacent areas with public access, in order to identify suspicious behaviour of persons, to identify vulnerabilities which could be exploited to carry out an act of unlawful interference and to deter persons from such acts.

2.   DEMARCATED AREAS OF AIRPORTS

Aircraft parked in demarcated areas of airports to which alternative measures referred to in Article 4(5) apply, shall be separated from aircraft to which these common basic standards apply in full, in order to ensure that security standards applied to aircraft, passengers, baggage and cargo of the latter are not compromised.

3.   AIRCRAFT SECURITY

1.   If passengers disembark from an aircraft, the aircraft shall be subjected to an aircraft security check before departure in order to ensure that no prohibited articles are present on board. An aircraft may be exempted from the check if it arrives from a Member State, unless the Commission or that Member State has provided information suggesting that the passengers and their cabin baggage cannot be considered as having been screened in accordance with the common basic standards referred to in Article 4 .

2.    Passengers who are disembarked from an aircraft at a recognised airport due to technical issues and subsequently held in a secure zone at that airport should not be subject to re-screening.

3.    Every aircraft shall be protected from unauthorised interference. The presence of aircraft in the critical parts of the security restricted area shall be deemed to be sufficient protection.

4.    Every aircraft that has not been protected from unauthorised interference shall be subjected to an aircraft search.

4.   PASSENGERS AND CABIN BAGGAGE

4.1.   Screening of passengers and cabin baggage

1.   All originating, transfer and transit passengers and their cabin baggage shall be screened in order to prevent prohibited articles from being introduced into security restricted areas and on board an aircraft.

2.  Transfer passengers and their cabin baggage may be exempted from screening, if:

   a) they arrive from a Member State, unless the Commission or that Member State has provided information that those passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   b) they arrive from a third country with which the Community has an agreement that recognises that those passengers and their cabin baggage have been screened to security standards equivalent to Community standards .

3.  Transit passengers and their cabin baggage may be exempted from screening, if:

   a) they remain on board the aircraft; or
   b) they do not mix with screened departing passengers other than those who board the same aircraft; or
   c) they arrive from a Member State, unless the Commission or that Member State has provided information that those passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   d) they arrive from a third country with which the Community has an agreement that recognises that those passengers and their cabin baggage have been screened to security standards equivalent to Community standards .

4.2.   Protection of passengers and cabin baggage

1.   Passengers and their cabin baggage shall be protected from unauthorised interference from the point at which they are screened until departure of the aircraft on which they are carried.

2.  Screened departing passengers shall not mix with arriving passengers, unless:

   a) the passengers arrive from a Member State, provided that the Commission or that Member State has not provided information that those arriving passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   b) the passengers arrive from a third country with which the Community has an agreement that recognises that those passengers have been screened to security standards equivalent to Community standards .

4.3.   Potentially disruptive passengers

Before departure potentially disruptive passengers shall be subjected to appropriate security measures.

5.   HOLD BAGGAGE

5.1.   Screening of hold baggage

1.   All hold baggage shall be screened prior to being loaded onto an aircraft .

2.  Transfer hold baggage may be exempted from screening, if:

   a) it arrives from a Member State, unless the Commission or that Member State has provided information that this hold baggage cannot be considered as having been screened to the common basic standards; or
   b) it arrives from a third country with which the Community has an agreement that recognises that this hold baggage has been screened to security standards equivalent to Community standards .

3.   Transit hold baggage may be exempted from screening if it remains on board the aircraft.

5.2.   Protection of hold baggage

Hold baggage to be carried on an aircraft shall be protected from unauthorised interference from the point at which it is screened or accepted into the care of the air carrier, whichever is earlier, until the departure of the aircraft on which it is to be carried.

5.3.   Baggage reconciliation

1.   Each item of hold baggage shall be identified as accompanied or unaccompanied. The hold baggage of a passenger who has checked in for a flight but who is not on board the aircraft shall be identified as unaccompanied.

2.   Unaccompanied hold baggage shall not be transported, unless that baggage has been either separated due to factors beyond the passenger's control or subjected to adequate security controls.

6.   CARGO AND MAIL

6.1.   Security controls for cargo

1.   All cargo shall be subjected to security controls prior to being loaded onto an aircraft. An air carrier shall not accept cargo for carriage on an aircraft unless the application of security controls is confirmed and accounted for by a regulated agent, a known consignor or an account consignor.

2.  Transfer cargo shall be subjected to security controls as detailed in an implementing act. It may be exempted from security controls:

   a) if it arrives from a Member State, unless the Commission or that Member State has provided information suggesting that the cargo cannot be considered as having been screened in accordance with the common basic standards referred to in Article 4, or
   b) if it arrives from a third country with which the Community has an agreement that recognises that the cargo has been screened in accordance with security standards equivalent to Community standards, or
   c) in cases detailed in an implementing act.

3.   Transit cargo and transit mail may be exempted from security controls if it remains on board the aircraft.

6.2.   Protection of cargo

1.   Cargo to be carried on an aircraft shall be protected from unauthorised interference from the point at which security controls are applied until the departure of the aircraft on which it is to be carried.

2.   Cargo that is not adequately protected from unauthorised interference after security controls have been applied shall be screened.

6.3.    Security controls for mail

1.    All mail shall be subjected to security controls prior to being loaded on to an aircraft. An air carrier shall not accept mail for carriage on an aircraft unless it is confirmed that appropriate security controls for mail, as detailed in an implementing act, have been applied.

2.    Transfer mail shall be subjected to security controls as detailed in an implementing act. It may be exempted from security controls on the basis of the exemption criteria laid down in section 5.1, paragraph 2.

3.    Transit mail may be exempted from security controls if it remains on board the aircraft.

7.   AIR CARRIER MAIL AND AIR CARRIER MATERIALS

Air carrier mail and air carrier materials shall be subjected to security controls and thereafter protected until loaded onto the aircraft in order to prevent prohibited articles from being introduced on board an aircraft.

8.   IN-FLIGHT SUPPLIES

In-flight supplies, including catering, intended for carriage or use on board an aircraft shall be subjected to security controls and thereafter protected until loaded onto the aircraft in order to prevent prohibited articles from being introduced on board an aircraft.

9.   AIRPORT SUPPLIES

Supplies intended to be sold or used in security restricted areas of airports, including supplies for duty-free shops and restaurants, shall be subjected to security controls in order to prevent prohibited articles from being introduced into these areas.

10.   IN-FLIGHT SECURITY MEASURES

1.  Without prejudice to the applicable aviation safety rules:

   a) unauthorised persons shall be prevented from entering the flight crew compartment during a flight;
   b) potentially disruptive passengers shall be subjected to appropriate security measures during a flight.

2.   If, during a flight, a passenger seeks to commit an act of unlawful interference, appropriate security measures shall be taken to prevent such an act .

3.  Weapons, with the exception of those carried as declared cargo, shall not be carried on board an aircraft, unless the required security conditions have been fulfilled, and

   a) authorisation has been given by the State granting the operating licence to the air carrier concerned, and
   b) prior approval has been given by the States of departure and arrival and, where applicable, by any State which is flown over or in which intermediate stops are made.

4.    In-flight security officers may only be deployed on board an aircraft if the required security conditions and training have been fulfilled. Member States retain the right not to authorise the use of in-flight security officers on flights of air carriers licensed by them.

5.    Paragraph 3 shall also apply to in-flight security officers if they carry weapons.

6.    Responsibility for taking appropriate action in the event of any act of unlawful interference committed on board a civil aircraft or during a flight shall be clearly defined, without prejudice to the principle of the authority of the captain of the aircraft.

11.   STAFF RECRUITMENT AND TRAINING

1.   Persons implementing, or responsible for implementing, screening, access control or other security controls shall be recruited, trained and, where appropriate, certified so as to ensure that they are suitable for employment and competent to undertake the duties to which they are assigned.

2.   Persons other than passengers and escorted persons with a short-term airport pass requiring access to security restricted areas shall, before either an airport identification card or crew identification card is issued, receive security training, unless they are continuously escorted by one or more persons who have an airport identification card or crew identification card .

3.   Training as mentioned in paragraphs 1 and 2 shall be conducted on initial and recurrent basis.

4.   Instructors engaged in the training of the persons mentioned in paragraphs 1 and 2 shall have the necessary qualifications.

12.   SECURITY EQUIPMENT

Equipment used for screening, access control and other security controls shall comply with approved specification and be capable of performing the security controls concerned.

13.    BACKGROUND CHECKS

All pilots of and applicants for pilot licences for motorised aircraft shall be subject to uniform background checks which shall be repeated at regular intervals. Decisions of the appropriate authorities regarding background checks shall be taken on the basis of the same criteria.

(1) Texts Adopted , 15.6.2006, P6_TA(2006)0267 .
(2) Not yet published in OJ.
(3) OJ C 185, 8.8.2006, p. 17.
(4) Position of the European Parliament of 15 June 2006 (not yet published in the Official Journal), Council Common Position of 11 December 2006 (OJ C 70 E, 27.3.2007, p. 21 ) and Position of the European Parliament of 25 April 2007 .
(5) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).
(6) OJ L 317, 3.12.2001, p. 1.
(7) OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(8) OJ L 240, 24.8.1992, p. 1.
(9)* Four years after the entry into force of this Regulation.
(10) OJ L 145, 31.5.2001, p. 43.
(11)* One year from the date of entry into force of this Regulation.
(12)** The date of entry into force of this Regulation .


Assessment and management of flood risks ***II
DOC 64k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on the assessment and management of flood risks (12131/6/2006 – C6-0038/2007 – 2006/0005(COD) )
P6_TA(2007)0143 A6-0064/2007

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (12131/6/2006 – C6-0038/2007 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2006)0015 )(2) ,

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0064/2007 ),

1.   Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 25 April 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on the assessment and management of flood risks

P6_TC2-COD(2006)0005


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2007/60/EC.)

(1) Texts Adopted , 13.6.2006, P6_TA(2006)0253 .
(2) Not yet published in OJ.


Advanced therapy medicinal products ***I
DOC 73k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the European Parliament and of the Council on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2005)0567 – C6-0401/2005 – 2005/0227(COD) )
P6_TA(2007)0144 A6-0031/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0567 )(1) ,

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0401/2005 ),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Legal Affairs (A6-0031/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

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 advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004

P6_TC1-COD(2005)0227


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2007.)

(1) Not yet published in OJ.


Enforcement of intellectual property rights (criminal measures) ***I
DOC 70k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the amended proposal for a directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights (COM(2006)0168 – C6-0233/2005 – 2005/0127(COD) )
P6_TA(2007)0145 A6-0073/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the amended Commission proposal to the European Parliament and the Council (COM(2006)0168 )(1) ,

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0233/2005 ),

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

–   having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Industry, Research and Energy and the Committee on Civil Liberties, Justice and Home Affairs (A6-0073/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights

P6_TC1-COD(2005)0127


(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 Article 95 thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   The Green Paper on the fight against counterfeiting and piracy in the Single Market presented by the Commission on 15 October 1998 noted that counterfeiting and piracy had grown into an international phenomenon with major repercussions at economic and social level and in terms of consumer protection, especially as regards public health and safety. An action plan was drawn up as part of the follow-up to the Green Paper and was included in a communication on the same subject from the Commission to the Council, the European Parliament and the Economic and Social Committee on 30 November 2000.

(2)   In its conclusions, the Brussels European Council of 20 and 21 March 2003 invited the Commission and the Member States to improve exploitation of intellectual property rights by taking forward measures against counterfeiting and piracy.

(3)   At international level, all Member States, as well as the Community itself, as regards matters within its competence, are bound by the Agreement on Trade-Related Aspects of Intellectual Property (the "TRIPS Agreement"), concluded in the framework of the World Trade Organization and approved by Council Decision 94/800/EC(5) . The TRIPS Agreement contains, in particular, provisions on criminal matters which are common standards applicable at international level, but the disparities between Member States are still too great, and they do not permit effective combating of intellectual property offences, particularly the most serious ones. This causes a loss of confidence in the Internal Market in business circles, with a consequent reduction in investment in innovation and creation.

(4)   The Commission also adopted, in November 2004, an Intellectual Property Rights Enforcement Strategy towards third countries.

(5)   Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights(6) lays down measures, procedures and civil and administrative remedies. A sufficiently dissuasive set of penalties applicable throughout the Community is needed to make the provisions laid down in that Directive complete. Certain criminal provisions need to be harmonised so that counterfeiting and piracy in the internal market can be combated effectively. The Community legislature has the power to take the criminal-law measures that are necessary to guarantee the full effectiveness of the rules it lays down on the protection of intellectual property, as defined by this Directive, other than patents .

(6)   Building on the Commission Communication on a customs response to counterfeiting and piracy adopted in October 2005 , the Council adopted a Resolution on 13 March 2006, in which it underlined that the Lisbon Strategy objectives "can only be achieved through a well-functioning internal market with adequate measures to encourage investment in the knowledge-based economy" and recognised " the threat posed by the serious growth in counterfeiting and piracy to the Union's knowledge-based economy and in particular to health and safety (…)".

(7)    In its resolution of 7 September 2006 on counterfeiting of medicinal products, the European Parliament took the view that the European Community should equip itself as a matter of urgency with the means to combat effectively illicit practices in the area of piracy and the counterfeiting of medicines.

(8 )   The level of sentencing for natural and legal persons who have committed such offences must be harmonised. In particular, the rules on prison sentences, fines and confiscation must be harmonised.

(9)    In respect of persons accused of committing the offences laid down in this Directive, and in establishing their intention to infringe the intellectual property right in question, account should be taken of the extent to which the accused had, in advance of the infringement, substantial grounds to plead that the intellectual property right in question was invalid.

(10 )   Provisions must be laid down to facilitate criminal investigations. The Member States must ensure the cooperation of the holders of intellectual property rights with the joint investigation teams in accordance with the arrangements provided for in Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (7) . The involvement of the holders of intellectual property rights concerned should constitute a supporting role that will not interfere with the neutrality of the state investigations .

(11 )   To facilitate investigations or criminal proceedings concerning intellectual property offences, these may not be dependent on a report or accusation made by a person subjected to the offence.

(12)    The rights enshrined in the Charter of Fundamental Rights of the European Union should be fully respected when criminal acts and penalties are defined, during investigations and in the course of judicial proceedings.

(13 )   This Directive does not affect specific liability systems such as laid down for Internet service providers by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (8) and by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (9) .

(14 )   Since the objective of this Directive cannot be sufficiently achieved by the Member States acting alone and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(15 )   This Directive respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for intellectual property, in accordance with Article 17(2) of the Charter.

(16)    It is necessary to ensure adequate protection of intellectual property rights in the audiovisual sector, as indicated by Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (10) ,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

This Directive lays down the criminal measures necessary to ensure the enforcement of intellectual property rights, as defined below, in the context of counterfeiting and piracy .

Those measures shall apply to intellectual property rights, other than patents, provided for in Community legislation.

Industrial property rights under a patent shall be excluded from the provisions of this Directive.

In particular, this Directive does not apply to any infringement of an intellectual property right related to:

   patent rights, utility models and plant variety rights, including rights derived from supplementary protection certificates;
   parallel imports of original goods from a third country which have been allowed by the rightholder.

Article 2

Definitions

For the purposes of this Directive:

  (a) "intellectual property rights" means one or more of the following rights:
   copyright,
   rights related to copyright,
   the sui generis right of a database maker,
   rights of the creator of the topographies of a semiconductor product,
   trademark rights, in so far as extending to them the protection of criminal law is not inimical to free market rules and research activities,
   design rights,
   geographical indications,
   trade names, in so far as these are protected as exclusive property rights in the national law concerned,
   and in any event the rights, in so far as provision is made for them at Community level, in respect of goods within the meaning of Article 2(1)(a) and (b) of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (11) , and in any event with the exclusion of patents;
   (b) "infringements on a commercial scale" means any infringement of an intellectual property right committed to obtain a commercial advantage; this excludes acts carried out by private users for personal and not-for-profit purposes;
   (c) "intentional infringements of an intellectual property right" means any deliberate and conscious infringement of the right concerned for the purpose of obtaining an economic advantage on a commercial scale;
   (d) "legal person" means any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations.

Article 3

Offences

Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and aiding or abetting and inciting the actual infringement , are treated as criminal offences.

Criminal sanctions shall not be applied in cases of parallel importation of original goods which have been marketed with the agreement of the right-holder in a country outside the European Union.

Member States shall ensure that the fair use of a protected work, including such use by reproduction in copies or audio or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, does not constitute a criminal offence.

Article 4

Nature of penalties

1.  For the offences referred to in Article 3, the Member States shall provide for the following penalties:

   (a) for natural persons: custodial sentences;
  (b) for natural and legal persons:
   i) criminal fines for natural persons and criminal or non-criminal fines for legal persons ;
   ii) confiscation of the object, instruments and products stemming from infringements or of goods whose value corresponds to those products.

2.  For the offences referred to in Article 3, the Member States shall provide that the following penalties are also available in appropriate cases:

   (a) destruction of the goods, including materials or equipment used for infringing an intellectual property right;
   (b) total or partial closure, on a permanent or temporary basis, of the establishment used to commit the offence;
   (c) a permanent or temporary ban on engaging in commercial activities;
   (d) placing under judicial supervision;
   (e) judicial winding-up;
   (f) a ban on access to public assistance or subsidies;
   (g) publication of judicial decisions;
   (h) an order requiring the infringer to pay the costs of keeping seized goods .

Article 5

Level of penalties

1.   Each Member State shall take the necessary measures to ensure that, when committed by natural persons, the offences referred to in Article 3 are punishable by a maximum sentence of at least four years' imprisonment where they are serious crimes within the meaning of Article 3(5) of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (12) or are committed under the aegis of a criminal organisation within the meaning of Framework Decision 2007/.../JHA on the fight against organised crime, or where they carry a health or safety risk.

2.  Member States shall take the necessary measures to ensure that, when committed by natural persons or legal entities, the offences referred to in Article 3 are punishable by effective, proportionate and dissuasive penalties. These penalties shall include criminal and non-criminal fines:

   (a) to a maximum of at least EUR 100 000 for cases other than those referred to in paragraph 1 ;
   (b) to a maximum of at least EUR 300 000 for cases referred to in paragraph 1.

3.    Member States shall take the necessary measures to ensure that repeated offences within the meaning of Article 3 committed by natural and legal persons in a Member State other than their country of origin or domicile are taken into account when determining the level of penalties in accordance with paragraphs 1 and 2 of this Article.

Article 6

Extended powers of confiscation

Member States shall take the necessary measures to allow the total or partial confiscation of goods belonging to convicted natural or legal persons in accordance with Article 3 of Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property(13) , where the offences are serious crimes within the meaning of Article 3(5) of Directive 2005/60/EC or are committed under the aegis of a criminal organisation within the meaning of Framework Decision 2007/.../JHA on the fight against organised crime, or where they carry a health or safety risk.

Article 7

Misuse of rights

Member States shall ensure that, through criminal, civil and procedural measures, the misuse of threats of criminal sanctions is prohibited and made subject to penalties.

Member States shall prohibit procedural misuse, especially where criminal measures are employed for the enforcement of the requirements of civil law.

Article 8

Rights of defendants

Member States shall ensure that the rights of defendants are duly protected and guaranteed.

Article 9

Joint investigation teams

1.    Member States must ensure that the holders of intellectual property rights concerned, or their representatives, and experts, are allowed to assist the investigations carried out by joint investigation teams into the offences referred to in Article 3.

2.    Member States shall put in place adequate safeguards to ensure that such assistance does not compromise the rights of the accused person, for example by affecting the accuracy, integrity or impartiality of evidence.

3 .   Article 8 of the Charter of Fundamental Rights of the European Union, which concerns the protection of personal data, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (14) , shall be fully respected in the course of investigations and judicial proceedings.

Article 10

Right to receive information from law enforcement authorities

Member States shall provide that, where law enforcement authorities seize infringing items or obtain other evidence of infringement, the authorities make such evidence available for use in pending or contemplated civil proceedings against the alleged infringer brought by the right-holder before a court of competent jurisdiction within the European Union, and, where practicable, that those authorities inform the right-holder concerned or his representative that they are in possession of such items or evidence. Member States may require that any such provision of evidence to the right-holder be made subject to reasonable access, security or other requirements so as to ensure the integrity of the evidence and to avoid prejudice to any criminal proceedings that may ensue.

Article 11

Initiation of criminal proceedings

Member States shall ensure that the possibility of initiating investigations into, or prosecution of, offences covered by Article 3 are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed in the territory of the Member State.

Article 12

Transposition

1.   Member States shall bring into force the provisions necessary to comply with this Directive by…(15) at the latest . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

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

Article 13

Entry into force

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

Article 14

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

(1) Not yet published in the OJ.
(2) OJ C […], […], p. […].
(3) OJ C […], […], p. […].
(4) Position of the European Parliament of 25 April 2007 .
(5) OJ L 336, 23.12.1994, p. 1.
(6) OJ L 157, 30.4.2004, p. 45. Corrigendum published in OJ L 195, 2.6.2004, p. 16.
(7) OJ L 162, 20.6.2002, p. 1.
(8) OJ L 178, 17.7.2000, p. 1.
(9) OJ L 167, 22.6.2001, p. 10.
(10) OJ L 320, 28.11.1998, p. 54.
(11) OJ L 196, 2.8.2003, p. 7.
(12) OJ L 309, 25.11.2005, p. 15.
(13) OJ L 68, 15.3.2005, p. 49.
(14) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(15)* Eighteen months after the date of adoption.


Community vessel traffic monitoring ***I
DOC 139k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal 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 (COM(2005)0589 – C6-0004/2006 – 2005/0239(COD) )
P6_TA(2007)0146 A6-0086/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0589 )(1) ,

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0004/2006 ),

–   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 Fisheries (A6-0086/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007with a view to the adoption of Directive 2007/…/EC of the European Parliament and of the Council amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system

P6_TC1-COD(2005)0239


(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 Article 80(2) thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   With the adoption of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC(5) , the European Union reinforced its capacity for preventing situations posing a threat to the safety of human life at sea and the protection of the marine environment.

(2)   Under this Directive Member States that are coastal States should be able to exchange information which they gather in the course of maritime traffic monitoring missions which they carry out in their areas of competence. The Community information exchange system 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 standardisation 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.

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

(4)   Of the information notified and exchanged pursuant to Directive 2002/59/EC, that concerning the precise characteristics of dangerous or polluting goods carried by sea is particularly important. Accordingly, and in the light of recent maritime accidents, the coastal authorities should be allowed easier access to the characteristics of the hydrocarbons being carried by sea, an essential factor in choosing the most suitable control techniques, and, in an emergency, provided with a direct link to those operators who have the best knowledge of the goods being carried.

(5)   The automatic ship identification systems (AIS – Automatic Identification System) referred to in the International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as "the SOLAS Convention") make it possible not only to improve the possibilities of monitoring these ships but above all to make them safer in close navigation situations. They 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 this measure to include fishing vessels with a length of more than 15 metres is very much to be desired. The International Maritime Organisation (IMO) has recognised that the publication for commercial purposes on the internet or elsewhere of AIS data transmitted by ships could be detrimental to the safety and security of ships and port facilities and has urged member governments, subject to the provisions of their national laws, to discourage those who make available AIS data to others for publication on the internet, or elsewhere, from doing so. In addition, the availability of AIS information on ships" routes and cargoes should not be detrimental to fair competition between actors in the shipping industry.

(6)   It would be useful to study what synergies might be possible between AIS and the positioning and communication systems used in the context of the common fisheries policy, such as the satellite-based vessel monitoring system (VMS). The timetable for fitting vessels with AIS should accordingly be determined in the light of the findings of such a study. 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.

(7)    This Directive provides that new ships must be fitted with AIS. To equip the existing fishing fleet, a special budget line should be created in addition to the Financial Instrument for Fisheries Guidance, which would allow cofinancing of up to around 90% from Community funds, regardless of geographical area.

(8 )   Article 16 of 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 deficiencies which may prejudice their safe navigation or create a risk for the environment.

(9 )   In accordance with Article 18 of Directive 2002/59/EC concerning the risks posed by exceptionally bad weather, it seems necessary to take into account the potential danger to shipping from ice formation. Therefore, where a competent authority designated by a Member State considers, on the basis of an ice forecast provided by a qualified information service, that the sailing conditions are creating a serious threat to the safety of human life or of pollution, it should 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. To avoid possible problems with the ice rules laid down by some classification societies, it would be helpful if states standardised their rules; in this regard there could be unified requirements from the International Association of Classification Societies (IACS) or other leading associations in order to avoid such possible conflicts.

(10 )   Article 20 of Directive 2002/59/EC provides in particular that the Member States must draw up plans to accommodate, if 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.

(11 )   However, in the light of the guidelines on places of refuge adopted by the IMO after Directive 2002/59/EC was adopted and following the work carried out jointly by the Commission, the European Maritime Safety Agency and the Member States, it seems necessary to lay down precisely the basic provisions that the "place of refuge" plans must contain in order to ensure a harmonised and effective implementation of this measure and clarify the scope of obligations incumbent on the Member States.

(12 )   It is important, in the event of a situation of distress at sea, that is to say, a situation that could give rise to loss of a vessel or an environmental or navigational hazard, to be able to call on an independent authority having the powers and expertise to take any necessary decisions to assist the vessel in distress with a view to protecting human lives and the environment and minimising economic damage. It is desirable that the competent authority should be permanent in nature. In particular, this authority should be empowered to take an independent decision may have to be taken as regards the accommodation of a ship in distress in a place of refuge. To this end, it should make a preliminary evaluation of the situation on the basis of the information contained in the relevant "place of refuge" plan.

(13 )   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 question. The authorities concerned and their remits should be clearly described, as should the means of communication between the parties involved. The applicable procedures should ensure that decisions can be taken quickly on the basis of specific maritime expertise in handling incidents where serious harmful consequences can be expected .

(14 )   When drawing up the plans the Member States should also make an inventory of 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 distress. Such an inventory should contain all the relevant information in particular on the physical, environmental and economic characteristics of the sites under consideration and the equipment and installations available to make it easier to accommodate ships in distress or deal with the consequences of an accident or pollution.

(15 )   It is important for 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 appropriately. The Member States should give the Commission an inventory of potential places of refuge. It may also prove useful for the parties involved in a maritime assistance operation and the authorities of neighbouring Member States likely to be affected by an emergency at sea to have access to appropriate information on the plans and places of refuge. It is important that the parties possessing such information guarantee its confidentiality.

(16)    The implementation of a network of marine protected areas should be accelerated, and in addition the Member States should, under the coordination of the Commission, set up seasonal marine environmental and human resources index maps.

(17 )   The absence of financial guarantees or insurance should not exonerate a Member State from its obligation to assist a ship in distress and to accommodate it in a place of refuge if by so doing it can reduce the risks to the crew and the environment. Though the competent authorities may verify whether the ship is covered by insurance or some other financial guarantee permitting appropriate compensation for costs and damage associated with its accommodation in a place of refuge, the act of requesting this information should not delay the rescue operation .

(18)    Ports which accommodate a ship in distress must be able to rely on prompt compensation in respect of costs and any damage associated with the operation. To that end it is important that not only Directive 2007/.../EC of the European Parliament and of the Council of ... [on the civil liability and financial guarantees of shipowners] (6) and regulations of the International Oil Pollution Compensation Funds, but also the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the HNS Convention) and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (the Bunker Oil Convention) be applied. Member States should therefore ratify these conventions as soon as possible. It is also desirable that Member States should press, within the IMO, for the adoption of the Wreck Removal Convention. In exceptional cases, Member States should ensure the compensation of costs and economic loss suffered by a port as a result of accommodating a ship in distress, particularly if such costs and economic loss are not covered by the financial guarantees of the vessel owners and other existing compensation mechanisms.

(19)    In order to obtain the full cooperation and trust of ships" masters and crew, it needs to be ensured that those masters and crew can rely on good and fair treatment from the competent authorities of the Member State which is required to accommodate their ship in distress. To that end, it is desirable that Member States apply the IMO guidelines on fair treatment of seafarers in the event of a maritime accident.

(20)    Surveillance of the Union's coasts and monitoring of ships entering its territorial waters are a cornerstone of European maritime safety. To deny impunity to ships and ensure that any place of refuge receives compensation in the event of an accident, it is essential to intensify coastal checks and ensure that no ship enters Union territorial waters if it does not have a financial guarantee within the meaning of Directive 2007/.../EC [on the civil liability and financial guarantees of shipowners] (7) .

(21 )   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.

(22 )   In accordance with Directive 2002/59/EC the Member States and the Commission have made substantial progress towards harmonising electronic data exchange, in particular as regards the transport of dangerous or polluting goods. The Community information exchange system SafeSeaNet, in development since 2002, should now be established as the reference network at Community level. It is important to ensure that the SafeSeaNet system does not result in increased administrative or cost burdens for industry, that there is harmonisation with international rules and that confidentiality in relation to any possible commercial implications is taken into account.

(23 )   The progress made in the new technologies and in particular in their space applications, such as satellite-based ship monitoring systems, imaging systems or Galileo, now makes it possible to extend traffic monitoring further offshore and thereby to ensure better coverage of European waters. Furthermore, the IMO has amended the SOLAS Convention to take account of developments in maritime safety and security and the maritime environment with a view to developing systems for global long-range identification and tracking of ships (LRIT). In accordance with the architecture approved by the IMO, which provides for the possibility of setting up regional LRIT Data centres, and taking into account the experience gained from the SafeSeaNet system, a LRIT European Data Centre should be set up for the collection and management of LRIT information. In order to retrieve LRIT data, Member States will need to be connected to the LRIT European Data Centre .

(24)    The IMO requirements for the fitting of ships with a LRIT system are applicable only to ships engaged in international voyages. However, since ships in domestic voyages between ports of a Member State may also pose a risk for maritime security, safety and the environment, such ships should also be fitted with LRIT, in accordance with a timetable to be proposed in due time by the Commission.

(25 )   In order to guarantee the best possible use, harmonised at Community level, of the information gathered under this Directive or other instruments concerning maritime safety, the Commission should be able , if necessary, to process and use these data and disseminate them to the authorities designated by the Member States.

(26)    Information gathered pursuant to this Directive may only be disseminated and used to prevent situations which threaten the safety of human life at sea and the protection of the marine environment; it is therefore desirable that the Commission, in cooperation with the European Network and Information Security Agency, investigate how to tackle the network and information security problems resulting from the application of this Directive.

(27 )   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 dissemination, particularly via this system, of any information of maritime interest gathered by the various public or private bodies involved in maritime safety.

(28 )   Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(8) 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 conditions on board. The existing committee should therefore be replaced by COSS .

(29 )   The amendments to the international instruments referred to should also be taken into account.

(30 )   The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 (9) should provide the necessary support to ensure the convergent and effective implementation of this Directive.

(31 )   Directive 2002/59/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

(1)    Recital 19 shall be replaced by the following:

"

(19)    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 procedures for the exercise of implementing powers conferred on the Commission * . In particular, the Commission should be empowered to draw up an annex on SafeSeaNet and to amend Annexes I, III and IV in the light of experience gained.  Since those measures are of general scope and are designed to amend non-essential elements of the Directive, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The Commission should also be empowered to lay down requirements for the fitting of LRIT equipment on board ships engaged in domestic voyages and to modify definitions, references or the annexes to bring them into line with EC or international law. These measures can be adopted in accordance with the regulatory procedure provided for in Article 5 of Decision 1999/468/EC.

_______________

* OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

"

(2)    In Article 1, paragraph 1 shall be replaced by the following:

"

The purpose of this Directive is to establish in the Community a vessel traffic monitoring and information system with a view to enhancing the safety and efficiency of maritime traffic, enhancing port and maritime security, improving the response of authorities to incidents, accidents or potentially dangerous situations at sea, including search and rescue operations, and contributing to a better prevention and detection of pollution by ships.

"

(3 )  Article 2(2) shall be amended as follows:

   a) the introductory wording shall be replaced by the following: "Unless otherwise provided, this Directive shall not apply to:";
   b) point (c) shall be replaced by the following: "
   c) ships' stores and equipment for use on board ships.
"

(4 )  Article 3 shall be amended as follows:

  a) point (a) shall be amended as follows:
   i) in the first sentence, the introductory wording shall be replaced by the following: "the following instruments, in their up-to-date versions :";
   ii) the following indents shall be added:"
   "IMO Resolution A.949(23)" means International Maritime Organisation Resolution 949(23) entitled "Guidelines on places of refuge for ships in need of assistance
"
   "IMO Resolution A.950(23)" means International Maritime Organisation Resolution 950(23) entitled "Maritime assistance services (MAS)";
   "IMO Resolution A.917(22)" means International Maritime Organisation Resolution A.917(22) entitled "Guidelines for the onboard use of AIS", as amended by IMO Resolution A.956(23);
   "IMO Resolution A.987(24)" means International Maritime Organisation Resolution A.987(24) entitled "Guidelines on the fair treatment of seafarers in the event of a maritime accident";";
   b) the following points (s), (t), (u) and (v) 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, as set out in a special annex which will be drawn up in accordance with the regulatory procedure with scrutiny referred to in Article 28(3) ;
   t) "regular 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 timetable or with crossings so regular or frequent that they constitute a recognizable systematic series;
   u) "fishing vessel" means any vessel equipped or used commercially for catching fish or other living resources of the sea;

(v)    "LRIT" means a system that automatically transmits long-range identification and tracking information in accordance with Regulation 19 Chapter V of the SOLAS Convention. "

(5 )   The following Article 6a shall be inserted:

"

Article 6a

Use of automatic identification systems (AIS) by fishing vessels

Any fishing vessel with a length of more than 24 metres overall and sailing in waters under the jurisdiction of a Member State must, in accordance with the timetable set out in Annex II, part I(3), be fitted with an AIS which meets the performance standards drawn up by the IMO.

Fishing vessels equipped with an AIS, shall maintain it in operation at all times, except where international agreements, rules or standards provide for the protection of navigational information.

In accordance with the IMO Guidelines for the onboard use of AIS, AIS may be switched off where the master considers this necessary in the interests of the safety or security of his vessel.

"

(6)    The following Article 6b shall be inserted:

"

Article 6b

Use of long-range identification and tracking of ships (LRIT)

1.    Ships engaged in international voyages, except when fitted with AIS and operating exclusively within a sea area A1 covered by an AIS network, shall be fitted with an LRIT system in accordance with Regulation 19 Chapter V of the SOLAS Convention and the performance standards and functional requirements adopted by the IMO.

The Commission shall lay down, in accordance with the regulatory procedure referred to in Article 28(2), requirements for the fitting of LRIT equipment on board ships engaged in domestic voyages between ports of a Member State of the European Union.

2.    Member States and the Commission shall cooperate to establish, by 31 December 2008, an LRIT European Data Centre in charge of processing the long-range identification and tracking information.

The LRIT European Data Centre shall be a component of the European maritime information and exchange system, SafeSeaNet. Costs related to modifications of national elements of SafeSeaNet so as to include LRIT information shall be borne by Member States.

Member States shall establish, by 31 December 2008 at the latest, and maintain a connection to the LRIT European Data Centre.

3.    The Commission shall determine the policy and principles for access to information held in the LRIT European Data Centre in accordance with the regulatory procedure referred to in Article 28(2).

"

(7 )   Article 12 shall be replaced by the following:

"

Article 12

Obligations on the shipper

1.   Shippers offering dangerous or polluting goods for carriage in a port of a Member State shall deliver to the master or operator of the ship, irrespective of its size, before the goods are taken on board, a declaration 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 physico-chemical characteristics of the products, including their viscosity expressed in cSt at 50°C and their density at 15°C and the other data contained in the safety data sheet in accordance with IMO resolution MSC.150(77) ;
   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.

2.   Vessels coming from a port outside the Community and heading for a port of a Member State or an anchorage in the territorial waters of a Member State which have dangerous or polluting substances on board must be in possession of a declaration by the shipper containing the following information:

   a) the information listed in Annex I(3);
   b) the information required under points (b) and (c) of paragraph 1 of this Article.

3.    It shall be the duty and responsibility of the shipper to deliver to ensure that the shipment offered for carriage is indeed the one declared in accordance with paragraphs 1 and 2 .

"

(8)    In the second paragraph of Article 14, point (c) shall be replaced by the following:

"
   c) each Member State must be able, upon request, to send using SafeSeaNet information on the ship and on the dangerous or polluting goods on board without delay to the national and local competent authorities of another Member State. This must not lead to Member States routinely requesting information on ships and their cargoes for purposes other than maritime safety or security or the protection of the maritime environment.
"

(9 )   In Article 16(1), the following points (d) and (e) shall be added:

"
   d) ships which have failed to notify or do not have insurance certificates or financial guarantees pursuant to Directive 2007/…/EC of the European Parliament and the Council of … [on the civil liability and financial guarantees of shipowners]* (10) ;
   e) ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation or create a risk for the environment.
___________
* OJ L ...
"

(10 )   The following Article 18a shall be inserted:

"

Article 18a

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

1.  Where the competent authorities designated by Member States consider, in view of the 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 routes and the icebreaking services in their area of competence;
   b) they may request that a ship which is in the area concerned, and intends to enter or leave a port or terminal or to leave an anchorage area, prove by way of documentary evidence that it satisfies the strength and power requirements commensurate with the ice situation in the area concerned.

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 information service recognised by the Member State.

"

(11 )   In Article 19(2) the following subparagraph shall be added:

"

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

"

(12 )   Article 20 shall be replaced by the following:

"

Article 20

Accommodation of ships in distress in places of refuge

1.   Member States shall designate a competent authority which has the required expertise and is independent in that it has the power, at the time of the rescue operation, to take decisions on its own initiative concerning the accommodation of ships in distress with a view to:

   the protection of human lives;
   coastal protection;
   the protection of the marine environment;
   safety at sea; and
   minimising economic loss.

2.   The authority referred to in paragraph 1 may, inter alia:

   a) restrict the movement of the ship or direct it to follow a specific course. This requirement does not affect the master's responsibility for the safe handling of his ship;
   b) give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;
   c) come aboard or send an evaluation team aboard the ship to assess the damage to the ship and the degree of risk, help the master to remedy the situation and keep the competent coastal station informed;
   d) call on and deploy rescue workers itself where necessary;
   e) cause the ship to be piloted or towed.

3.    The Member States shall, under the coordination of the Commission, draw up seasonal (transborder) marine environmental and human resources index maps.

4 .   The authority referred to in paragraph 1 shall assume responsibility for the execution of the plans referred to in Article 20a.

5.    On the basis of a preliminary assessment of the circumstances, the authority referred to in paragraph 1 shall decide on the accommodation of a ship in distress in a place of refuge.

The authority referred to in paragraph 1 shall ensure that, based on an assessment of the circumstances in accordance with the plans referred to in Article 20a, ships in distress are admitted to a place of refuge in all cases where the accommodation of the ship in distress in a place of refuge permits the risks associated with those circumstances to be reduced.

6.    Member States shall respect the IMO Guidelines on the fair treatment of seafarers in the event of a maritime accident in relation to the crew of a ship in distress in the waters under their jurisdiction.

7 .   The authorities referred to in paragraph 4 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, at the initiative of one of them or of the Commission.

"

(13 )   The following Article 20a shall be inserted:

"

Article 20a

Plans for the accommodation of ships in distress

1.   Member States shall draw up plans for responding to threats presented by ships in distress in the waters under their jurisdiction and for securing the accommodation of ships and the protection of human lives .

2.  The plans referred to in paragraph 1 shall be prepared after consultation of the parties concerned, taking into account the relevant IMO guidelines referred to in Article 3(a), 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 authority responsible for assessing the situation, selecting a suitable place of refuge and taking a decision on accommodating a ship in distress in the place of refuge selected;
   c) the inventory of potential places of refuge, recapitulating those elements which are conducive to speedy assessment and decision-making, including descriptions of the environmental and social factors and the natural conditions of the potential places considered;
   d) the assessment procedures for selecting the place of refuge on the basis of the potential places listed on the inventory;
   e) the resources and installations suitable for assistance, rescue and combating pollution;
   f) any international coordination and decision-making mechanisms that may be applicable;
   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 competent authority referred to in Article 20(4) and the list of appropriate contact points for receiving and handling alerts. They shall communicate to the Commission the inventory of potential places of refuge. They shall also communicate the relevant information concerning the plans and places of refuge to the neighbouring Member States.

In implementing the procedures provided for in the plans for accommodating ships in distress, they shall ensure that all relevant information concerning the plans and places of refuge is made available to the parties involved in the operations, including assistance and towing companies.

"

Persons receiving relevant information pursuant to this paragraph concerning emergency plans and places of refuge must guarantee the confidentiality of such information.

(14 )   The following Article 20b shall be inserted:

"

Article 20b

Financial guarantees and compensation

1.   The absence of an insurance certificate or financial guarantee shall not exonerate the Member States from the preliminary assessment and decision referred to in Article 20 and is not of itself sufficient reason for a Member State to refuse to accommodate a ship in distress in a place of refuge .

2.   Without prejudice to paragraph 1, when accommodating a ship in distress in a place of refuge, the Member State may request the ship's operator, agent or master to present an insurance certificate or a financial guarantee, within the meaning of Article 7 of Directive 2007/.../EC [on the civil liability and financial guarantees of shipowners] (11) , covering his liability for damage caused by the ship. The requesting of this certificate shall not lead to a delay in accommodating a ship in distress .

"

3.    Member States shall ensure the compensation of costs and potential economic loss suffered by a port as a result of a decision taken pursuant to Article 20(5) if such costs or economic loss are not compensated within a reasonable time by the owner or operator of the ship pursuant to Directive 2007/.../EC [on the civil liability and financial guarantees of shipowners] + and the existing international compensation mechanisms.

(15 )   The following Article 22a shall be inserted:

"

Article 22a

European maritime information exchange system SafeSeaNet

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

2.   Communication systems set up pursuant to paragraph 1 must allow the information gathered to be used operationally and must satisfy, in particular, the conditions laid down in Article 14 of this Directive.

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 the Community maritime information exchange system SafeSeaNet. The Commission shall ensure that the Community maritime information exchange system SafeSeaNet is operational on a 24 hours-a-day basis.

4.    When cooperating within regional agreements or in the framework of cross-border, inter-regional or transnational projects, Member States shall ensure that information systems or networks developed comply with the requirements of this Directive and are compatible with and connected to the SafeSeaNet system.

5.    To ensure that there is a sufficient period to test the functioning of the SafeSeaNet system, that system shall become fully operational on 1 January 2009.

"

(16 )  Article 23 shall be amended as follows:

   a) paragraph (c) shall be replaced by the following:"
   c) extending the cover of the Community vessel traffic monitoring and information system, and/or updating it, with a view to enhanced identification and monitoring of ships, taking into account developments in information and communication technologies. To this end, the Member States and the Commission shall work together to put in place, where necessary, mandatory reporting systems, mandatory maritime traffic services and appropriate 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 maritime traffic monitoring systems;
"
   b) the following points (e), (f) and (g) shall be added:"
   e) ensuring the interconnection and interoperability of the national systems used for managing the information referred to in the Annex, integrating conventional with satellite-based systems used for the same purpose, and developing and updating the SafeSeaNet system;
   f) studying the feasibility and determining the detailed rules for integrating automatic identification systems (AIS) with the positioning and communication systems used in the context of the common fisheries policy. The findings of that study shall be made available at the latest twelve months before the entry into force of the obligation referred to in Article 6a, and in any case not later than 1 July 2008;
   g) studying and implementing procedures that will more effectively guarantee the confidentiality of information gathered.
"

(17 )   The following Article 23a shall be inserted:

"

Article 23a

Processing and management of maritime safety information

1.   The Commission shall ensure, where necessary, the processing, use and dissemination to the authorities designated by the Member States, of the information gathered under this Directive or gathered by any public or private bodies in the pursuance of their respective missions.

2.   Where appropriate, the Commission shall contribute to the development and operation of systems for collecting and disseminating data relating to maritime safety, in particular through the "Equasis" system or any other equivalent public system.

"

(18)    Article 24 shall be replaced by the following:

"

Article 24

Confidentiality of information

1.    Member States shall, in accordance with their national legislation, take the necessary measures to ensure the confidentiality of information sent to them pursuant to this Directive.

2.    Member States shall, in accordance with their national legislation, verify that AIS and LRIT data transmitted by ships is not being made publicly available or used for purposes other than safety, security and the protection of the environment, or which would affect competition between ship operators. In particular, they shall not authorise the public dissemination of information concerning the details of the cargo or of the persons on board, unless the master or the operator of the vessel has agreed to such use.

"

In cooperation with the European Network and Information Security Agency, the Commission shall investigate how to tackle the network and information security problems which may be associated with the measures provided for under this Directive, and in particular Articles 6, 6a, 14 and 22a thereof. No later than one year after the entry into force of this Directive, the Commission shall take the necessary measures to combat the unauthorised use or commercial abuse of data exchanged pursuant to this Directive.

(19)    In Article 27, paragraph 2 shall be replaced by the following:

"

2.    Furthermore, Annexes I, III and IV may be amended in accordance with the regulatory procedure with scrutiny referred to in Article 28(3), in the light of experience gained with this Directive, in so far as such amendments do not broaden the scope of this Directive.

"

(20 )   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 Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council*.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

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

___________________

* 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).

"

(21)    In Annex I, indent X of point 4 shall be replaced by the following:

"

   X. various information:

   characteristics and estimated quantity of bunker fuel for all ships carrying bunker fuel,
   navigational status.

"

(22 )   In part I of Annex II, the following point 3 shall be added:

"

3.   Fishing vessels

Any fishing vessel of overall length 24 metres and upwards is subject to the carrying requirement laid down in Article 6a according to the following timetable:

   new fishing vessel of overall length 24 metres and upwards: on ...*;

–   fishing vessel of overall length 24 metres and upwards but less than 45 metres: not later than ...**.

________________

* The date of entry into force of this Directive

** Two years after the date of entry into force of this Directive.

"

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …(12) at the latest. They shall forthwith communicate to the Commission the text of those measures and a correlation table between them and this Directive.

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

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

Article 4

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1) Not yet published in OJ.
(2) OJ C 318, 23.12.2006, p. 195.
(3) OJ C 229, 22.9.2006, p. 38.
(4) Position of the European Parliament of 25 April 2007.
(5) OJ L 208, 5.8.2002, p. 10.
(6)+ OJ: Please insert number and date of this Directive.
(7)+ OJ: Please insert number.
(8) 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 ).
(9) 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 ).
(10)+ OJ: Please insert number and date of this Directive.
(11)+ OJ: Please insert number.
(12)* 12 months after the date of entry into force of this Directive.


Investigation of accidents ***I
DOC 119k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal for a directive of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC (COM(2005)0590 – C6-0056/2006 – 2005/0240(COD) )
P6_TA(2007)0147 A6-0079/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0590 )(1) ,

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0056/2006 ),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0079/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC

P6_TC1-COD(2005)0240


(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 Article 80(2) thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   A high general level of safety should be maintained in maritime transport in Europe and every effort should be made to reduce the number of marine casualties and incidents.

(2)   The expeditious holding of technical investigations into marine casualties improves maritime safety as it helps to prevent the recurrence of such casualties resulting in loss of life, loss of ships and pollution of the marine environment.

(3)   The European Parliament, in its resolution(5) on improving safety at sea, has urged the Commission to present a proposal for a directive on investigating shipping accidents.

(4)   Article 2 of the United Nations Convention on the Law of the Sea 1982 (UNCLOS)(6) establishes the right of coastal States to investigate the cause of any marine casualty occurring within their territorial seas which might pose a risk to life or to the environment, involve the coastal State's search and rescue authorities, or otherwise affect the coastal State.

(5)   Article 94 of UNCLOS establishes that flag States shall cause an inquiry to be held, by or before a suitably qualified person or persons, into certain casualties or incidents of navigation on the high seas.

(6)   The International Convention for the Safety of Life at Sea, 1974 (SOLAS regulation I/21), the International Convention of Load Lines, 1966 and the International Convention for the Prevention of Pollution from Ships, 1973 lay down the responsibilities of flag States to conduct casualty investigations and to supply the International Maritime Organisation (IMO) with relevant findings.

(7)   The [draft] Code for the implementation of Mandatory IMO Instruments(7) recalls the obligation of flag States to ensure that marine safety investigations are conducted by suitably qualified investigators, competent in matters relating to marine casualties and incidents. The Code further requires flag States to be prepared to provide qualified investigators for that purpose, irrespective of the location of the casualty or incident.

(8)   Account should be taken of the Code for the Investigation of Marine Casualties and Incidents adopted in November 1997 by IMO Assembly Resolution A.849, which provides for implementation of a common approach to the safety investigation of marine casualties and incidents and for cooperation between States in identifying the contributing factors leading to marine casualties and incidents. Account should also be taken of Circular 953 of the IMO Maritime Safety Committee (MSC) , which provides updated definitions of terms used in the Code, and IMO Resolutions A.861(20) and MSC.163(78), which provide a definition of "voyage data recorders".

(9)   Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services(8) requires Member States to define, in the framework of their respective internal legal systems, a legal status that will enable them and any other substantially interested Member State to participate, to cooperate in, or where provided for under the Code for the investigation of marine casualties, to conduct any marine casualty or incident investigation involving a ro-ro ferry or high-speed passenger craft.

(10)   Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (9) requires Member States to comply with the IMO Code for the Investigation of Marine Casualties and Incidents and ensure that the findings of the accident investigations are published as soon as possible after its conclusion.

(11)   Investigation of casualties and incidents involving seagoing vessels, or other vessels in port or other restricted maritime areas, should be carried out by, or under the control of, an independent body or entity endowed with permanent decision-making powers, in order to avoid any conflict of interest.

(12)   Member States should ensure that their internal legal systems enable them and any other substantially interested Member States to participate or cooperate in, or conduct, accident investigations on the basis of the provisions of the IMO Code for the investigation of marine casualties.

(13)   Under SOLAS regulation V/20, passenger ships and ships other than passenger ships of 3 000 gross tonnage and upwards constructed on or after 1 July 2002 must carry voyage data recorders (VDRs) to assist in accident investigations. Given its importance in the formulation of a policy to prevent shipping accidents, such equipment should be systematically required on board ships making national or international voyages which call at Community ports.

(14)   The data provided by a VDR system, as well as by other electronic devices, can be used both retrospectively after a marine casualty or incident to investigate its causes and preventively to gain experience of the circumstances capable of leading to such events. Member States should ensure that such data, when available, is properly used for both purposes.

(15)   Distress alerts from a ship or information from any source that a ship is, or persons on or from a ship are imperilled or that, as a result of an event in connection with the operation of a ship, there is a serious potential risk of damage to the persons, to the ship's structure or the environment should be investigated or otherwise examined.

(16)   Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 (10) requires the European Maritime Safety Agency (hereinafter: "the Agency") to work with the Member States to develop technical solutions and provide technical assistance related to the implementation of Community legislation. In the field of accident investigation, the Agency has the specific task of facilitating cooperation between the Member States and the Commission in the development, with due regard to the different legal systems in the Member States, of a common methodology for investigating maritime accidents according to agreed international principles.

(17)   In accordance with Regulation (EC) No 1406/2002, the Agency must facilitate cooperation in the provision of support given by the Member States in investigations into serious maritime accidents, and in analysing existing accident investigation reports. The Agency must also, in the light of the conclusions drawn from the analyses, incorporate into the joint methodology any elements arising therefrom which may be of use in the prevention of fresh disasters and the improvement of maritime safety in the EU.

(18)    The IMO guidelines on the fair treatment of seafarers in the event of a maritime accident reduce the risk of captains and crews attracting criminal sanctions. They could give them more confidence in investigation methods, and should therefore be used by the Member States.

(19)    The safety recommendations resulting from a casualty or incident safety investigation should be duly taken into account by the Member States and the Community .

(20)    Since the aim of the technical investigation is the prevention of marine casualties and incidents in the future, the conclusions and the safety recommendations should not be used to determine liability or apportion blame.

(21)    Since the objective of this Directive , namely to improve marine safety in the Community and thereby reduce the risk of future marine casualties, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective .

(22)    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 procedures for the exercise of implementing powers conferred on the Commission(11) ,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject-matter

The purpose of this Directive is to improve marine safety, and so reduce the risk of future marine casualties, by:

   a) facilitating the expeditious holding of safety investigations into, and proper analyses of, marine casualties and incidents and
   b) ensuring the timely and accurate reporting of safety investigations and proposals for remedial action.

Investigations under this Directive shall not be concerned with determining liability nor apportioning blame.

Article 2

Scope

1.  In accordance with the obligations of Member States under the UNCLOS, this Directive shall apply to marine casualties, incidents and distress alerts that:

   a) involve ships flying the flag of one of the Member States; or
   b) occur within areas over which Member States are entitled to exercise jurisdiction; or
   c) involve other substantial interests of the Member States.

2.  This Directive shall not apply to marine casualties, incidents and distress alerts involving only:

   a) ships of war and troop ships and other ships owned or operated by a Member State and used only on government non-commercial service;
   b) ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes;
   c) inland waterway vessels operating in inland waterways;
   d) fishing vessels with a length of less than 24 metres;
   e) fixed offshore drilling units.

Article 3

Definitions

For the purposes of this Directive:

1.   "SOLAS" means the 1974 International Convention for the Safety of Life at Sea (SOLAS 74), as amended by its 1978 and 1988 Protocols.

"IMO Code" means the Code for the Investigation of Marine Casualties and Incidents adopted by the International Maritime Organisation through Assembly Resolution A.849 of 27 November 1997 as amended.

2.  The following terms shall be understood in accordance with the definitions contained in the IMO Code:

   a) "marine casualty";
   b) "very serious casualty";
   c) "marine incident";
   d) "marine casualty or incident safety investigation";

e)   "substantially interested State".

3.   The terms "serious casualty" and "less serious casualty" shall be understood in accordance with the updated definitions contained in Circular 953 of the IMO MSC .

4.   The terms "ro-ro ferry" and "high-speed passenger craft" shall be understood in accordance with the definitions contained in Article 2 of Directive 1999/35/EC.

5.   "Lead investigating Member State" means a Member State that is required to conduct or, where there is more than one substantially interested State, to lead, a safety investigation in accordance with this Directive.

6.   "Voyage data recorder" (VDR) shall be understood in accordance with the definition contained in IMO Resolutions A.861(20) and MSC.163(78).

7.   "Distress alert" means a signal given from a ship, or information from any source, indicating that a ship is, or that persons on or from a ship are, in distress at sea.

8.  "Safety recommendation" means any proposal made, including for the purposes of registration and control, by either of the following:

   a) the investigative body of the State conducting, or leading, the marine casualty or incident safety investigation on the basis of information derived from that investigation; or, where appropriate;
   b) the Commission, acting with the assistance of the Agency and on the basis of an abstract data analysis and the results of the investigations carried out .

Article 4

Status of safety investigations

1.  Member States shall establish, in accordance with their respective internal legal systems, rules for the conduct of marine casualty or incident safety investigations. In doing so, they shall ensure that such investigations:

   a) are independent of criminal or other investigations held to determine liability or apportion blame, allowing only the conclusions or recommendations resulting from investigations initiated under this Directive to contribute to other parallel investigations; and
   b) are not precluded, suspended or delayed by reason of such investigations.

Furthermore, Member States shall ensure that, in the course of such investigations, witness statements and other information provided by witnesses is not obtained by third country authorities, thus preventing such statements and information from being used in criminal investigations in such countries.

2.  The rules to be established by the Member States shall include provisions for allowing:

   a) cooperation and mutual assistance in marine casualty or incident safety investigations led by other Member States, or the delegation to another Member State of the task of leading such an investigation in accordance with the provisions of this Directive;
   b) coordination, in close cooperation with the Commission, of the activities of their respective investigative bodies to the extent necessary to attain the objectives of this Directive; and
   c) rapid alert measures in the event of a casualty or incident.

Article 5

Obligation to investigate

1.  Every Member State shall ensure that an investigation is carried out by the investigative body referred to in Article 8 after serious or very serious marine casualties:

   a) involving a ship flying its flag, irrespective of the location of the casualty; or
   b) occurring within the areas over which it is entitled to exercise jurisdiction, irrespective of the flag of the ship or ships involved in the casualty; or
   c) involving a substantial interest of the Member State, irrespective of the location of the casualty and of the flag of the ship or ships involved.

2.   In addition to investigating serious and very serious casualties, the investigative body referred to in Article 8 shall, having established the initial facts of the case, decide whether or not a safety investigation of a less serious casualty, marine incident or a distress alert shall be undertaken.

In its decision, it shall take into account the seriousness of the casualty or incident, the type of vessel and/or cargo involved in the distress alert, and/or any request from the search and rescue authorities.

3.   The scope and the practical arrangements for the conduct of safety investigations shall be determined by the investigative body of the lead investigating Member State in cooperation with the equivalent bodies of the other substantially interested States, in such manner as appears to it most conducive to achieving the objective of this Directive, and with a view to preventing future casualties and incidents.

4.   Safety investigations shall follow the common methodology for investigating marine casualties and incidents developed pursuant to Article 2(e) of Regulation (EC) No. 1406/2002. The adoption, updating or modification of such methodology for the purposes of this Directive shall be decided in accordance with the procedure laid down in Article 19(3).

5.   A safety investigation shall be started as promptly as is practicable after the marine casualty or incident occurs and, in any event, no later than two months after its occurrence .

Article 6

Obligation to report

A Member State shall require, in the framework of its national legal system, that its investigative body be notified without delay, by the responsible authorities and/or by the parties involved, of the occurrence of all casualties, incidents and distress alerts falling within the scope of this Directive.

Article 7

Joint safety investigations

1.   In cases of serious and very serious casualties involving a substantial interest for two or more Member States, the Member States concerned shall rapidly agree which of them is to be the lead investigating Member State. Should the Member States concerned not determine which Member State is to lead the investigation, they shall immediately implement a Commission recommendation on the matter, based on an opinion of the Agency.

Member States shall refrain from conducting parallel safety investigations into the same marine casualty or incident. They shall abstain from any measure which could jeopardise the conduct of a safety investigation falling within the scope of this Directive.

2.   By common consent, a Member State may delegate to another Member State the task of leading a marine casualty or incident safety investigation. It may invite another Member State to participate in such an investigation.

3.   When a ro-ro ferry or high-speed passenger craft is involved in a marine casualty, incident or distress alert, the investigation procedure shall be launched by the Member State in whose waters the accident or incident occurs or, if occurring in extra-territorial waters, by the last Member State visited by the ferry or craft.

That State shall remain responsible for the investigation and coordination with other substantially interested Member States until such time as it is mutually agreed which of them is to be the lead investigating State.

Article 8

Investigative bodies

1.   Member States shall ensure that marine casualty or incident safety investigations are conducted under the responsibility of an investigative body or entity (hereinafter referred to as "investigative body"), endowed with the necessary permanent powers and composed of investigators who are suitably qualified in matters relating to marine casualties and incidents.

That investigative body shall be functionally independent of, in particular, the national authorities responsible for seaworthiness, certification, inspection, manning, safe navigation, maintenance, sea traffic control, port state control and operation of seaports, of bodies carrying out investigations for the purposes of establishing liability or law enforcement and, in general, of any other party whose interests could conflict with the task entrusted to it.

2.   The investigative body shall ensure that individual investigators have a working knowledge and practical experience in those subject areas pertaining to their normal investigative duties. Additionally, the investigative body shall ensure ready access to appropriate expertise, as necessary.

3.   The activities entrusted to the investigative body may be extended to the gathering and analysis of data relating to marine safety, in particular for prevention purposes, in so far as these activities do not affect its independence or entail responsibility in regulatory, administrative or standardisation matters.

4.  Member States, acting in the framework of their respective legal systems, and where appropriate in cooperation with the authorities responsible for the judicial inquiry, shall require that the investigators of its investigative body, or of any other investigative body to which it has delegated the task of investigation, be authorised:

   a) to have free access to any relevant area or casualty site as well as to any ship, wreck or structure including cargo, equipment or debris;
   b) to ensure immediate listing of evidence and controlled search for and removal of wreckage, debris or other components or substances for examination or analysis;
   c) to require examination or analysis of the items referred to in point (b), and have free access to the results of such examinations or analysis;
   d) to have free access to, copy and have use of any relevant information and recorded data, including voyage data recorder (VDR) data, pertaining to a ship, voyage, cargo, crew or any other person, object, condition or circumstance;
   e) to have free access to the results of examinations of the bodies of victims or of tests made on samples taken from the bodies of victims;
   f) to require and have free access to the results of examinations of, or tests made on samples taken from, people involved in the operation of a ship or any other relevant person;
   g) to examine witnesses in the absence of any person whose interests the investigators consider to hamper the safety investigation;
   h) to obtain survey records and relevant information held by the flag State, the owners, classification societies or any other relevant party, whenever those parties or their representatives are established in the Member State;
   i) to call for the assistance of the relevant authorities in the respective States, including flag-State and port-State surveyors, coastguard officers, vessel traffic service operators, search and rescue teams, pilots or other port or maritime personnel.

5.   The investigative body shall be enabled to respond immediately on being notified at any time of a casualty, and to obtain sufficient resources to carry out its functions independently. Its investigators shall be afforded status giving them the necessary guarantees of independence.

6.   The investigating body may combine its tasks under this Directive with the work of investigating occurrences other than marine casualties on condition that such investigations do not endanger its independence.

Article 9

Non-disclosure of records

Member States shall ensure that the following records are not made available for purposes other than the safety investigation:

   a) all witness evidence and other statements, accounts and notes taken or received by the investigative body in the course of the safety investigation;
   b) records revealing the identity of persons who have given evidence in the context of the safety investigation;
   c) medical or private information regarding persons involved in the casualty or incident.

Article 10

Permanent cooperation framework

1.   Member States shall, in close cooperation with the Commission, establish a permanent cooperation framework enabling their respective marine casualty or incident safety investigative bodies to cooperate among themselves and with the Commission to the extent necessary to attain the objective of this Directive.

2.   The rules of procedure of the permanent cooperation framework and the organisation arrangements required thereof shall be decided in accordance with the procedure referred to in Article 19(2).

3.  Within the permanent cooperation framework, the investigative bodies in the Member States and the Commission shall agree, in particular, the best modalities of cooperation in order to:

   a) share installations, facilities and equipment for the technical investigation of wreckage and ship's equipment and other objects relevant to the safety investigation, including the extraction and evaluation of information from voyage data recorders and other electronic devices;
   b) provide each other with the technical cooperation or expertise needed to undertake specific tasks;
   c) acquire and share information relevant for analysing casualty data and making appropriate safety recommendations at Community level;
   d) draw up common principles for the follow-up of safety recommendations and for the adaptation of investigative methods to the development of technical and scientific progress;
   e) establish confidentiality rules for the sharing of witness evidence and the processing of data;
   f) organise, where appropriate, relevant training activities for individual investigators;
   g) promote cooperation with the investigative bodies or entities of third countries and with the international maritime accidents investigation organisations in the fields covered by this Directive.

4.   Any Member State, the facilities or services of which have been, or would normally have been, used by a ship prior to a casualty or an incident, and which has information pertinent to the investigation, shall provide such information to the investigative body conducting the investigation.

Article 11

Costs

Member States shall make every effort to avoid making a charge for the provision of any assistance required by other Member States for the purposes of conducting safety investigations under this Directive.

Article 12

Cooperation with substantially interested third countries

1.   Member States shall cooperate, to the furthest extent possible, with other substantially interested third countries in the investigation of marine casualties.

2.   Substantially interested third countries shall, by mutual consent, be allowed to join a safety investigation led by a Member State under the terms of this Directive at any stage of the investigation.

3.   The cooperation of a Member State in an investigation conducted by a substantially interested third country shall be without prejudice to the conduct and reporting requirements of marine casualty or incident safety investigations under this Directive.

Article 13

Preservation of evidence

Member States shall adopt measures to ensure that the parties involved in casualties, incidents and distress alerts under the scope of this Directive make every effort to achieve the following:

   a) to save all information from charts, log books, electronic and magnetic recording and video tapes, including information from voyage data recorders and other electronic devices relating to the period preceding, during and after an accident;
   b) to prevent the overwriting or other alteration of such information;
   c) to prevent interference with any other equipment which might reasonably be considered pertinent to the investigation of the accident;
   d) to collect and preserve all evidence expeditiously for the purposes of the marine casualty or incident safety investigations.

Article 14

Accident reports

1.   Marine casualty or incident safety investigations carried out under the terms of this Directive shall result in a published report presented in accordance with the guidelines set out in Annex I.

2.   Investigative bodies shall make every effort to make a report available to the public, and especially to the entire maritime sector, the latter of which shall receive specific conclusions and recommendations, when required, within 12 months of the day of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months from the date of the casualty.

3.   The investigative body of the lead investigating Member State shall send a copy of the final or interim report to the Commission. It shall take into account the possible observations of the Commission for improving the quality of the report in the way most conducive to achieving the objectives of this Directive.

4.    Every three years, the Commission shall send a report providing information to the European Parliament setting out the degree of implementation of, and compliance with, the provisions of this Directive, as well as any further steps considered necessary in the light of the recommendations set out in the report.

Article 15

Safety recommendations

1.   Member States shall ensure that safety recommendations made by the investigative bodies are duly taken into account by the addressees and, where appropriate, acted upon in accordance with Community and international law. The Commission shall, acting with the assistance of the Agency, incorporate into the joint methodology the conclusions of the accident reports and the safety recommendations contained therein.

2.   Where appropriate, an investigative body or the Commission shall, acting with the assistance of the Agency, make safety recommendations on the basis of an abstract data analysis and of the results of any investigations carried out .

3.   A safety recommendation or an interim recommendation shall in no circumstances apportion blame or liability for a casualty.

Article 16

Early warning system

If the investigative body of a Member State takes the view, at any stage of a marine casualty investigation or of an incident investigation, that urgent action is needed at Community level to prevent the risk of new casualties, it shall speedily inform the Commission of the need to give an early alert.

The Commission shall immediately examine the matter and, if necessary, issue a note of warning for the attention of the responsible authorities in all the other Member States, the shipping industry, and any other relevant party.

Article 17

European database for marine casualties

1.   Data on marine casualties and incidents shall be stored and analysed by means of a European electronic database to be set up by the Commission, which shall be known as the European Marine Casualty Information Platform (EMCIP).

2.   Member States shall notify to the Commission the entitled authorities that will have access to the database.

3.   The investigative bodies of the Member States shall notify the Commission on marine casualties and incidents in accordance with the format in Annex II. They shall also provide the Commission with data resulting from marine casualty or incident safety investigations in accordance with the EMCIP database schema.

4.   The Commission shall inform the investigative bodies of the Member States of the requirements and timescale of the notification and reporting procedures.

Article 18

Fair treatment of seafarers

The Member States shall comply with the IMO guidelines on the fair treatment of seafarers in the event of a maritime accident .

Article 19

Committee

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) instituted by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and the Council of 5 November 2002 (12) .

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

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

Article 20

Amending powers

The Commission may update definitions in this Directive, and the references made to Community acts and to IMO instruments, in accordance with the procedure referred to in Article 19(2) in order to bring them into line with Community or IMO measures which have entered into force, subject to observance of the limits of this Directive.

Acting in accordance with the same procedure, the Commission may also amend the Annexes.

Article 21

Additional measures

Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by this Directive, provided that such measures do not infringe this Directive or in any way adversely affect its attainment, nor jeopardise the realisation of the objectives of the Union .

Article 22

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 23

Amendments to existing acts

1.   Article 12 of Directive 1999/35/EC is deleted.

2.   Article 11 of Directive 2002/59/EC is deleted.

Article 24

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (13) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a 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 25

Entry into force

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

Article 26

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

Safety investigation report format and content

Foreword

This identifies the sole objective of the safety investigation, that a safety recommendation shall in no case create a presumption of liability or blame, and that the report has not been written, in terms of content and style, with the intention of it being used in legal proceedings.

(The report should make no reference to witness evidence nor link anyone who is referred to in the report to a person who has given evidence during the course of the investigation.)

1.   Summary

This part outlines the basic facts of the marine casualty or incident: what, when, where and how it happened; and states whether any deaths, injuries, damage to the ship, cargo, third parties or environment occurred as a result.

2.   Factual information

This part includes a number of discrete sections, providing sufficient information that the investigating body interprets to be factual, from which to fully populate the relevant fields of the European database for marine casualties, substantiate the analysis and ease understanding.

These sections include, at least, the following information:

2.1   Ship particulars

–   Ship flag/register,

–   Ship identification,

–   Ship main characteristics,

–   Ownership and management,

–   Construction details,

–   Minimum safe manning,

–   Authorised cargo.

2.2   Voyage particulars

–   Ports of call,

–   Type of voyage,

–   Cargo information,

–   Manning.

2.3   Marine casualty or incident information

–   Type of marine casualty or incident,

–   Date and time,

–   Position and location of the marine casualty or incident,

–   External and internal environment,

–   Ship operation and voyage segment,

–   Place on board,

–   Human factors data,

–   Consequences (to people, ship, cargo, environment, other).

2.4   Shore authority involvement and emergency response

–   Who was involved,

–   Means used,

–   Speed of response,

–   Actions taken,

–   Results achieved.

In addition to providing necessary particulars and other background information, this part of the report includes the results of any relevant examinations or tests and any safety action that might already have been taken to prevent future marine casualties.

3.   Narrative

This part reconstructs the marine casualty or incident through a sequence of events, in a chronological order leading up to, during and following the marine casualty or incident and the involvement of each actor (i.e. person, material, environment, equipment or external agent). The period covered by the narrative depends on the timing of those particular accidental events that directly contributed to the marine casualty or incident.

4.   Analysis

This part includes a number of discrete sections, providing an analysis of each accidental event, with comments relating to the results of any relevant examinations or tests conducted during the course of the investigation and to any safety action that might already have been taken to prevent future marine casualties.

These sections should cover issues such as:

–   accidental event context and environment,

–   human erroneous actions and omissions, events involving hazardous material, environmental effects, equipment failures, and external influences,

–   contributing factors involving person related functions, shipboard operations, shore management or regulatory influence.

The analysis and comment enable the report to reach logical conclusions, establishing all of the contributing factors, including those with risks for which existing defences aimed at preventing an accidental event, and/or those aimed at eliminating or reducing its consequences, are assessed to be either inadequate or missing.

5.   Conclusions

This part consolidates the established contributing factors and missing or inadequate defences (material, functional, symbolic or procedural) for which safety actions should be developed to prevent future marine casualties.

6.   Safety recommendations

When appropriate, this part of the report contains safety recommendations derived from the analysis and conclusions and related to particular subject areas, such as legislation, design, procedures, inspection, management, health and safety at work, training, repair work, maintenance, shore assistance and emergency response.

The safety recommendations are addressed to those that are best-placed to implement them, such as ship owners, managers, recognised organisations, maritime authorities, vessel traffic services, emergency bodies, international maritime organisations and European institutions, with the aim of preventing future marine casualties.

This part also includes any interim safety recommendations that may have been made during the course of the safety investigation.

7.   Appendices

When appropriate, the following non-exhaustive list of information is attached to the report in paper and/or electronic form:

   photographs, moving images, audio recordings, charts, drawings,
   applicable standards,
   technical terms and abbreviations used,
   special safety studies,
   miscellaneous information.

ANNEX II

MARINE CASUALTY OR INCIDENT NOTIFICATION DATA

(Part of the European Marine Casualty Information Platform)

01.   Member Sate responsible / contact person

02.   Member Sate investigator

03.   Member State role

04.   Coastal state affected

05.   Number of substantially interested states

06.   Substantially interested states

07.   Notification entity

08.   Time of the notification

09.   Date of the notification

10.   Name of the ship

11.   IMO number/ distinctive letters

12.   Ship flag

13.   Type of marine casualty or incident

14.   Type of ship

15.   Date of the marine casualty or incident

16.   Time of the marine casualty or incident

17.   Position - Latitude

18.   Position - Longitude

19.   Location of the marine casualty or incident

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.

(1) Not yet published in OJ.
(2)1 OJ C 318, 23.12.2006, p. 195 .
(3)2 OJ C 229, 22.9.2006, p. 38 .
(4)3 Position of the European Parliament of 25 April 2007 .
(5)4 OJ C 104 E, 30.4.2004, p. 730 .
(6) Final Act of the Third United Nations Conference on the Law of the Sea 1973-1982, Class Nr. 341.45 L 412 1997.
(7) Version IMO FSI 13/WP.3 of 9 March 2005.
(8) OJ L 138, 1.6.1999, p. 1. Directive as amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(9) OJ L 208, 5.8.2002, p. 10.
(10) 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).
(11) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(12) 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).
(13)* OJ: please insert date.


Liability of carriers of passengers by boat in the event of accidents ***I
DOC 168k
Resolution
Consolidated text
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) )
P6_TA(2007)0148 A6-0063/2007

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

–   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 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007with 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

P6_TC1-COD(2005)0241


(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(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

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)   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(5) ].

(3)   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 applicable 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 .

(4)    The insurance arrangements required under the Athens Convention 2002 must be appropriate to the financial means of shipowners and insurance companies. Shipowners must be in a position to manage their insurance arrangements in an economically acceptable way and, particularly in the case of small shipping companies operating national transport services, account must be taken of the seasonal nature of their operations. The transitional period which is provided for for the application of this Regulation must be sufficiently long to enable the compulsory insurance provided for by the Athens Convention 2002 to be arranged without affecting existing insurance schemes.

(5 )   It is appropriate to oblige the carrier to make advance payment in the event of the death of or personal injury to a passenger, whereby advance payment does not constitute recognition of liability .

(6 )   Appropriate, full and comprehensible information on new rights being conferred on passengers should be provided to those passengers prior to their journey.

(7 )   Any amendment to the Athens Convention 2002 will be incorporated into Community legislation, unless such amendment is excluded following the procedure under Article 5(2) of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships(6) .

(8 )   The European Maritime Safety Agency (EMSA), established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council(7) , should assist the Commission in preparing and drafting a report on the functioning of the new rules and in proposing amendments to the Athens Convention 2002.

(9)    Owing to the need for greater consultation among the Member States on matters of maritime safety, it is vital to reassess EMSA's competences and possibly consider extending its powers.

(10)    The national authorities, particularly the port authorities, play a fundamental and vital role in identifying and managing the various risks in relation to maritime safety.

(11 )   Since the objective of this Regulation , namely the creation of a single set of rules governing the rights of carriers and their passengers in the event of an accident, cannot be sufficiently achieved by the Member States and can therefore, by reason of the need to ensure identical limits of liability in all Member States, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective ,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation lays down a Community regime of uniform liability for the carriage of passengers by sea .

To that end, this Regulation incorporates the relevant provisions of 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") and extends the application of those provisions to carriage by sea within a single Member State .

Article 2

Scope

The Regulation shall apply to any international or domestic carriage by sea, if :

   a) the ship is flying the flag of a Member State;
   b) the contract of carriage has been made in a Member State; or
   c) the place of departure or destination, according to the contract of carriage, is in a Member State.

Article 3

Liability of the carrier

The liability of a carrier and of a performing carrier in respect of passengers and their luggage shall be governed by all provisions of the Athens Convention 2002 relevant to such liability, including the IMO reservation and guidelines for implementation of the Athens Convention 2002 adopted by the Legal Committee of the IMO on 19 October 2006 (hereinafter referred to as "the IMO reservation 2006"). The Athens Convention 2002 and the IMO reservation 2006 are annexed to this Regulation .

The terms "carrier" and "performing carrier" shall be understood in accordance with the definitions set out in Article 1(1)(a) and (b) of the Athens Convention 2002.

Article 4

Limits of liability

Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation unless the European Parliament and the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty, amend this Regulation to this effect .

Article 19 of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation.

In the event of loss of or damage to mobility equipment or medical equipment belonging to a passenger with reduced mobility, the compensation may be equal to, but shall not exceed, the replacement value of the equipment.

Article 5

Advance payment

In the event of the death of or personal injury to a passenger resulting from a shipping incident or accident the carrier or the performing carrier the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the date of the identification of the person entitled to damages. In the event of death or the absolute and permanent invalidity of a passenger, or injuries to 75% or more of the passenger's body considered clinically very serious, this payment shall not be less than EUR 21 000.

An advance payment shall not constitute recognition of liability, may be offset against any later sums paid pursuant to this Regulation and is not refundable except where the person who received the advance payment was not the person entitled to compensation or the carrier is deemed not at fault.

Payment or receipt, as appropriate, of an advance payment shall entitle the carrier, the performing carrier or the passenger to initiate judicial proceedings to establish liability and fault.

Article 6

Information to passengers

The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with appropriate, full and comprehensible information regarding their rights under this Regulation, and in particular with information on the limits of compensation for death, personal injury or loss of and damage to luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment.

This information shall be provided in an appropriate, full and comprehensible format and, in the case of information provided by tour operators, in accordance with Article 4 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (8) .

Article 7

Report and amendments to the Athens Convention 2002

No later than three years after the entry into force of this Regulation, the Commission shall draw up a report on its application, which shall, inter alia , take into account economic developments and developments in international fora.

That report may be accompanied by a proposal for amendment to this Regulation, or by a proposal for a submission to be made by the European Community before the relevant international fora.

In so doing, the Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Article 3 of Regulation (EC) No 2099/2002.

Amendments to the Athens Convention 2002 may be excluded from the scope of this Regulation, pursuant to Article 5(2) of Regulation (EC) No 2099/2002.

Article 8

Entry into force

This Regulation shall enter into force on the [….] day following that of its publication in the Official Journal of the European Union .

It shall apply from ...(9) .

In relation to domestic carriage by regular ferry lines, it shall apply from two years after ... (10) .

In relation to carriage by inland waterways, it shall apply from four years after ...*.

In relation to domestic carriage by regular ferry lines in the regions covered by Article 299(2) of the Treaty, it shall apply from four years after ...*.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 2002

(Consolidated text of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and the Protocol of 2002 to the Convention)

ARTICLE 1

Definitions

In this Convention the following expressions have the meaning hereby assigned to them:

   1. (a) "carrier" means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by that person or by a performing carrier;
   b) "performing carrier" means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;
   c) "carrier who actually performs the whole or a part of the carriage" means the performing carrier, or, in so far as the carrier actually performs the carriage, the carrier;
   2. "contract of carriage" means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be;
   3. "ship" means only a seagoing vessel, excluding an air-cushion vehicle;
   4. "passenger" means any person carried in a ship:
   a) under a contract of carriage; or
   b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;
  5. "luggage" means any article or vehicle carried by the carrier under a contract of carriage, excluding:
   a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; and
   b) live animals;
   6. "cabin luggage" means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle;
   7. "loss of or damage to luggage" includes pecuniary loss resulting from the luggage not having been re-delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes;
  8. "carriage" covers the following periods:
   a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for this purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;
   b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;
   c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent on shore or on board until the time of its re-delivery by the carrier or his servant or agent;
   9. "international carriage" means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State;
   10. "Organization" means the International Maritime Organization;

11.   "Secretary-General" means the Secretary-General of the Organization.

ARTICLE 1bis

Annex

The Annex to this Convention shall constitute an integral part of the Convention.

ARTICLE 2

Application

1.  This Convention shall apply to any international carriage if:

   a) the ship is flying the flag of or is registered in a State Party to this Convention; or
   b) the contract of carriage has been made in a State Party to this Convention; or
   c) the place of departure or destination, according to the contract of carriage, is in a State Party to this Convention.

2.   Notwithstanding paragraph 1 of this Article, this Convention shall not apply when the carriage is subject, under any other international convention concerning the carriage of passengers or luggage by another mode of transport, to a civil liability regime under the provisions of such convention, in so far as those provisions have mandatory application to carriage by sea.

ARTICLE 3

Liability of the carrier

1.  For the loss suffered as a result of the death of or personal injury to a passenger caused by a shipping incident, the carrier shall be liable to the extent that such loss in respect of that passenger on each distinct occasion does not exceed 250 000 units of account, unless the carrier proves that the incident:

   a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
   b) was wholly caused by an act or omission done with the intent to cause the incident by a third party.

If and to the extent that the loss exceeds the above limit, the carrier shall be further liable unless the carrier proves that the incident which caused the loss occurred without the fault or neglect of the carrier.

2.   For the loss suffered as a result of the death of or personal injury to a passenger not caused by a shipping incident, the carrier shall be liable if the incident which caused the loss was due to the fault or neglect of the carrier. The burden of proving fault or neglect shall lie with the claimant.

3.   For the loss suffered as a result of the loss of or damage to cabin luggage, the carrier shall be liable if the incident which caused the loss was due to the fault or neglect of the carrier. The fault or neglect of the carrier shall be presumed for loss caused by a shipping incident.

4.   For the loss suffered as a result of the loss of or damage to luggage other than cabin luggage, the carrier shall be liable unless the carrier proves that the incident which caused the loss occurred without the fault or neglect of the carrier.

5.  For the purposes of this article:

   a) "shipping incident" means shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship;
   b) "fault or neglect of the carrier" includes the fault or neglect of the servants of the carrier, acting within the scope of their employment;
   c) "defect in the ship" means any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the ship or its equipment when used for the escape, evacuation, embarkation and disembarkation of passengers, or when used for the propulsion, steering, safe navigation, mooring, anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or when used for the launching of life saving appliances; and
   d) "loss" shall not include punitive or exemplary damages.

6.   The liability of the carrier under this Article only relates to loss arising from incidents that occurred in the course of the carriage. The burden of proving that the incident which caused the loss occurred in the course of the carriage, and the extent of the loss, shall lie with the claimant.

7.   Nothing in this Convention shall prejudice any right of recourse of the carrier against any third party, or the defence of contributory negligence under Article 6 of this Convention. Nothing in this Article shall prejudice any right of limitation under Articles 7 or 8 of this Convention.

8.   Presumptions of fault or neglect of a party or the allocation of the burden of proof to a party shall not prevent evidence in favour of that party from being considered.

ARTICLE 4

Performing carrier

1.   If the performance of the carriage or part thereof has been entrusted to a performing carrier, the carrier shall nevertheless remain liable for the entire carriage according to the provisions of this Convention. In addition, the performing carrier shall be subject and entitled to the provisions of this Convention for the part of the carriage performed by him.

2.   The carrier shall, in relation to the carriage performed by the performing carrier, be liable for the acts and omissions of the performing carrier and of his servants and agents acting within the scope of their employment.

3.   Any special agreement under which the carrier assumes obligations not imposed by this Convention or any waiver of rights conferred by this Convention shall affect the performing carrier only if agreed by him expressly and in writing.

4.   Where and to the extent that both the carrier and the performing carrier are liable, their liability shall be joint and several.

5.   Nothing in this Article shall prejudice any right of recourse as between the carrier and the performing carrier.

ARTICLE 4bis

Compulsory insurance

1.   When passengers are carried on board a ship registered in a State Party that is licensed to carry more than twelve passengers, and this Convention applies, any carrier who actually performs the whole or a part of the carriage shall maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover liability under this Convention in respect of the death of and personal injury to passengers. The limit of the compulsory insurance or other financial security shall not be less than 250 000 units of account per passenger on each distinct occasion.

2.  A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This certificate shall be in the form of the model set out in the annex to this Convention and shall contain the following particulars:

   a) name of ship, distinctive number or letters and port of registry;
   b) name and principal place of business of the carrier who actually performs the whole or a part of the carriage;
   (c) IMO ship identification number;
   d) type and duration of security;
   e) name and principal place of business of insurer or other person providing financial security and, where appropriate, place of business where the insurance or other financial security is established; and
   f) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other financial security.

3. (a)   A State Party may authorise an institution or an organisation recognised by it to issue the certificate. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued, and shall undertake to ensure the necessary arrangements to satisfy this obligation.

(b)  A State Party shall notify the Secretary-General of:

   i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it;
   ii) the withdrawal of such authority; and
   iii) the date from which such authority or withdrawal of such authority takes effect.

An authority delegated shall not take effect prior to three months from the date from which notification to that effect was given to the Secretary-General.

(c)   The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not complied with. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.

4.   The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages, and, where the State so decides, the official language of the State may be omitted.

5.   The certificate shall be carried on board the ship, and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authority of the State issuing or certifying the certificate.

6.   An insurance or other financial security shall not satisfy the requirements of this Article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5, unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification which results in the insurance or other financial security no longer satisfying the requirements of this Article.

7.   The State of the ship's registry shall, subject to the provisions of this Article, determine the conditions of issue and validity of the certificate.

8.   Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or other financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate.

9.   Certificates issued or certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the insurance certificate is not financially capable of meeting the obligations imposed by this Convention.

10.   Any claim for compensation covered by insurance or other financial security pursuant to this Article may be brought directly against the insurer or other person providing financial security. In such case, the amount set out in paragraph 1 applies as the limit of liability of the insurer or other person providing financial security, even if the carrier or the performing carrier is not entitled to limitation of liability. The defendant may further invoke the defences (other than the bankruptcy or winding up) which the carrier referred to in paragraph 1 would have been entitled to invoke in accordance with this Convention. Furthermore, the defendant may invoke the defence that the damage resulted from the wilful misconduct of the assured, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the assured against the defendant. The defendant shall in any event have the right to require the carrier and the performing carrier to be joined in the proceedings.

11.   Any sums provided by insurance or by other financial security maintained in accordance with paragraph 1 shall be available exclusively for the satisfaction of claims under this Convention, and any payments made of such sums shall discharge any liability arising under this Convention to the extent of the amounts paid.

12.   A State Party shall not permit a ship under its flag to which this Article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 15.

13.   Subject to the provisions of this Article, each State Party shall ensure, under its national law, that insurance or other financial security, to the extent specified in paragraph 1, is in force in respect of any ship that is licensed to carry more than twelve passengers, wherever registered, entering or leaving a port in its territory in so far as this Convention applies.

14.   Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 13, ships are not required to carry on board or to produce the certificate required by paragraph 2 when entering or leaving ports in its territory, provided that the State Party which issues the certificate has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 13.

15.   If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this Article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authorities of the State of the ship's registry, stating that the ship is owned by that State and that the liability is covered within the amount prescribed in accordance with paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.

ARTICLE 5

Valuables

The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in accordance with paragraph 1 of Article 10.

ARTICLE 6

Contributory fault

If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the Court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.

ARTICLE 7

Limit of liability for death and personal injury

1.   The liability of the carrier for the death of or personal injury to a passenger under Article 3 shall in no case exceed 400 000 units of account per passenger on each distinct occasion. Where, in accordance with the law of the court seized of the case, damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed the said limit.

2.   A State Party may regulate by specific provisions of national law the limit of liability prescribed in paragraph 1, provided that the national limit of liability, if any, is not lower than that prescribed in paragraph 1. A State Party, which makes use of the option provided for in this paragraph, shall inform the Secretary-General of the limit of liability adopted or of the fact that there is none.

ARTICLE 8

Limit of liability for loss of or damage to luggage and vehicles

1.   The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed 2 250 units of account per passenger, per carriage.

2.   The liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on the vehicle shall in no case exceed 12 700 units of account per vehicle, per carriage.

3.   The liability of the carrier for the loss of or damage to luggage other than that mentioned in paragraphs 1 and 2 shall in no case exceed 3 375 units of account per passenger, per carriage.

4.   The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 330 units of account in the case of damage to a vehicle and not exceeding 149 units of account per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.

ARTICLE 9

Unit of Account and conversion

1.   The Unit of Account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Article 3, paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph l, and Article 8 shall be converted into the national currency of the State of the court seized of the case on the basis of the value of that currency by reference to the Special Drawing Right on the date of the judgment or the date agreed upon by the parties. The value of the national currency, in terms of the Special Drawing Right, of a State Party which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State Party.

2.   Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 may, at the time of ratification, acceptance, approval of or accession to this Convention or at any time thereafter, declare that the Unit of Account referred to in paragraph 1 shall be equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty-five and a half milligrams of gold of millesimal fineness nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned.

3.   The calculation mentioned in the last sentence of paragraph 1, and the conversion mentioned in paragraph 2 shall be made in such a manner as to express in the national currency of the States Parties, as far as possible, the same real value for the amounts in Article 3, paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph 1, and Article 8 as would result from the application of the first three sentences of paragraph 1. States shall communicate to the Secretary-General the manner of calculation pursuant to paragraph 1, or the result of the conversion in paragraph 2, as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.

ARTICLE 10

Supplementary provisions on limits of liability

1.   The carrier and the passenger may agree, expressly and in writing, to higher limits of liability than those prescribed in Articles 7 and 8.

2.   Interest on damages and legal costs shall not be included in the limits of liability prescribed in Articles 7 and 8.

ARTICLE 11

Defences and limits for carriers' servants

If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be enled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.

ARTICLE 12

Aggregation of claims

1.   Where the limits of liability prescribed in Articles 7 and 8 take effect, they shall apply to the aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to any one passenger or the loss of or damage to his luggage.

2.   In relation to the carriage performed by a performing carrier, the aggregate of the amounts recoverable from the carrier and the performing carrier and from their servants and agents acting within the scope of their employment shall not exceed the highest amount which could be awarded against either the carrier or the performing carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.

3.   In any case where a servant or agent of the carrier or of the performing carrier is entitled under Article 11 of this Convention to avail himself of the limits of liability prescribed in Articles 7 and 8, the aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may be, and from that servant or agent, shall not exceed those limits.

ARTICLE 13

Loss of right to limit liability

1.   The carrier shall not be entitled to the benefit of the limits of liability prescribed in Articles 7 and 8 and paragraph 1 of Article 10, if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

2.   The servant or agent of the carrier or of the performing carrier shall not be entitled to the benefit of those limits if it is proved that the damage resulted from an act or omission of that servant or agent done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

ARTICLE 14

Basis for claims

No action for damages for the death of or personal injury to a passenger, or for the loss of or damage to luggage, shall be brought against a carrier or performing carrier otherwise than in accordance with this Convention.

ARTICLE 15

Notice of loss or damage to luggage

1.  The passenger shall give written notice to the carrier or his agent:

  a) in the case of apparent damage to luggage:
   i) for cabin luggage, before or at the time of disembarkation of the passenger;
   ii) for all other luggage, before or at the time of its re-delivery;
   b) in the case of damage to luggage which is not apparent, or loss of luggage, within fifteen days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

2.   If the passenger fails to comply with this Article, he shall be presumed, unless the contrary is proved, to have received the luggage undamaged.

3.   The notice in writing need not be given if the condition of the luggage has at the time of its receipt been the subject of joint survey or inspection.

ARTICLE 16

Time-bar for actions

1.   Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years.

2.  The limitation period shall be calculated as follows:

   a) in the case of personal injury, from the date of disembarkation of the passenger;
   b) in the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkation, from the date of death, provided that this period shall not exceed three years from the date of disembarkation;
   c) in the case of loss of or damage to luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.

3.  The law of the Court seized of the case shall govern the grounds for suspension and interruption of limitation periods, but in no case shall an action under this Convention be brought after the expiration of any one of the following periods of time:

   (a) A period of five years beginning with the date of disembarkation of the passenger or from the date when disembarkation should have taken place, whichever is later; or, if earlier
   b) a period of three years beginning with the date when the claimant knew or ought reasonably to have known of the injury, loss or damage caused by the incident.

4.   Notwithstanding paragraphs 1, 2 and 3 of this Article, the period of limitation may be extended by a declaration of the carrier or by agreement of the parties after the cause of action has arisen. The declaration or agreement shall be in writing.

ARTICLE 17

Competent jurisdiction

1.  An action arising under Articles 3 and 4 of this Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention, and subject to the domestic law of each State Party governing proper venue within those States with multiple possible forums:

   a) the Court of the State of permanent residence or principal place of business of the defendant; or
   b) the Court of the State of departure or that of the destination according to the contract of carriage; or
   c) the Court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State; or
   d) the Court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.

2.   Actions under Article 4 bis of this Convention shall, at the option of the claimant, be brought before one of the courts where action could be brought against the carrier or performing carrier according to paragraph 1.

3.   After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.

ARTICLE 17bis

Recognition and enforcement

1.  Any judgment given by a court with jurisdiction in accordance with Article 17 which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except:

   a) where the judgment was obtained by fraud; or
   b) where the defendant was not given reasonable notice and a fair opportunity to present his or her case.

2.   A judgment recognised under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be re-opened.

3.   A State Party to this Protocol may apply other rules for the recognition and enforcement of judgments, provided that their effect is to ensure that judgments are recognised and enforced at least to the same extent as under paragraphs 1 and 2.

ARTICLE 18

Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to the passenger's luggage, purporting to relieve any person liable under this Convention of liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention except as provided in Article 8, paragraph 4, and any such provision purporting to shift the burden of proof which rests on the carrier or performing carrier, or having the effect of restricting the options specified in Article 17, paragraphs 1 or 2, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.

ARTICLE 19

Other conventions on limitation of liability

This Convention shall not modify the rights or duties of the carrier, the performing carrier, and their servants or agents provided for in international conventions relating to the limitation of liability of owners of seagoing ships.

ARTICLE 20

Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear incident:

   a) if the operator of a nuclear installation is liable for such damage under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage, or any amendment or Protocol thereto which is in force; or
   b) if the operator of a nuclear installation is liable for such damage by virtue of a national law governing the liability for such damage, provided that such law is in all respects as favourable to persons who may suffer damage as either the Paris or the Vienna Conventions or any amendment or Protocol thereto which is in force.

ARTICLE 21

Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States or Public Authorities under contract of carriage within the meaning of Article 1.

ARTICLE 22

Declaration of non-application

1.   Any Party may at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare in writing that it will not give effect to this Convention when the passenger and the carrier are subjects or nationals of that Party.

2.   Any declaration made under paragraph 1 of this Article may be withdrawn at any time by a notification in writing to the Secretary-General.

ARTICLE 22bis

Final clauses of the Convention

The final clauses of this Convention shall be Articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974. References in this Convention to States Parties shall be taken to mean references to States Parties to that Protocol.

FINAL CLAUSES

[Articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974.]

ARTICLE 17

Signature, ratification, acceptance, approval and accession

1.   This Protocol shall be open for signature at the Headquarters of the Organization from 1 May 2003 until 30 April 2004 and shall thereafter remain open for accession.

2.  States may express their consent to be bound by this Protocol by:

   a) signature without reservation as to ratification, acceptance or approval; or
   b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
   c) accession.

3.   Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

4.   Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Protocol with respect to all existing States Parties, or after the completion of all measures required for the entry into force of the amendment with respect to those States Parties shall be deemed to apply to this Protocol as modified by the amendment.

5.  A State shall not express its consent to be bound by this Protocol unless, if Party thereto, it denounces:

   a) the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done at Athens on 13 December 1974;
   b) the Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done at London on 19 November 1976; and
   c) the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done at London on 29 March 1990,
with effect from the time that this Protocol will enter into force for that State in accordance with Article 20.

ARTICLE 18

States with more than one system of law

1.   If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Protocol, it may at the time of signature, ratification, acceptance, approval or accession declare that this Protocol shall extend to all its territorial units or only to one or more of them, and may modify this declaration by submitting another declaration at any time.

2.   Any such declaration shall be notified to the Secretary-General and shall state expressly the territorial units to which this Protocol applies.

3.  In relation to a State Party which has made such a declaration:

   a) references to the State of a ship's registry and, in relation to a compulsory insurance certificate, to the issuing or certifying State, shall be construed as referring to the territorial unit respectively in which the ship is registered and which issues or certifies the certificate;
   b) references to the requirements of national law, national limit of liability and national currency shall be construed respectively as references to the requirements of the law, the limit of liability and the currency of the relevant territorial unit; and
   c) references to courts, and to judgments which must be recognised in States Parties, shall be construed as references respectively to courts of, and to judgments which must be recognised in, the relevant territorial unit.

ARTICLE 19

Regional Economic Integration Organizations

1.   A Regional Economic Integration Organization, which is constituted by sovereign States that have transferred competence over certain matters governed by this Protocol to that Organization, may sign, ratify, accept, approve or accede to this Protocol. A Regional Economic Integration Organization which is a Party to this Protocol shall have the rights and obligations of a State Party, to the extent that the Regional Economic Integration Organization has competence over matters governed by this Protocol.

2.   Where a Regional Economic Integration Organization exercises its right of vote in matters over which it has competence, it shall have a number of votes equal to the number of its Member States which are Parties to this Protocol and which have transferred competence to it over the matter in question. A Regional Economic Integration Organization shall not exercise its right to vote if its Member States exercise theirs, and vice versa.

3.   Where the number of States Parties is relevant in this Protocol, including but not limited to Articles 20 and 23 of this Protocol, the Regional Economic Integration Organization shall not count as a State Party in addition to its Member States which are States Parties.

4.   At the time of signature, ratification, acceptance, approval or accession the Regional Economic Integration Organization shall make a declaration to the Secretary-General specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organization by its Member States which are signatories or Parties to this Protocol and any other relevant restrictions as to the scope of that competence. The Regional Economic Integration Organization shall promptly notify the Secretary-General of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. Any such declarations shall be made available by the Secretary-General pursuant to Article 24 of this Protocol.

5.   States Parties which are Member States of a Regional Economic Integration Organization which is a Party to this Protocol shall be presumed to have competence over all matters governed by this Protocol in respect of which transfers of competence to the Organization have not been specifically declared or notified under paragraph 4.

ARTICLE 20

Entry into force

1.   This Protocol shall enter into force twelve months following the date on which 10 States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.

2.   For any State which ratifies, accepts, approves or accedes to this Protocol after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force three months after the date of deposit by such State of the appropriate instrument, but not before this Protocol has entered into force in agreement with paragraph 1.

ARTICLE 21

Denunciation

1.   This Protocol may be denounced by any State Party at any time after the date on which this Protocol comes into force for that State.

2.   Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.

3.   A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General.

4.   As between the States Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 25 thereof shall not be construed in any way as a denunciation of the Convention as revised by this Protocol.

ARTICLE 22

Revision and Amendment

1.   A Conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2.   The Organization shall convene a Conference of States Parties to this Protocol for revising or amending this Protocol at the request of not less than one-third of the States Parties.

ARTICLE 23

Amendment of limits

1.   Without prejudice to the provisions of Article 22, the special procedure in this Article shall apply solely for the purposes of amending the limits set out in Article 3, paragraph 1, Article 4 bis, paragraph 1, Article 7, paragraph 1 and Article 8 of the Convention as revised by this Protocol.

2.   Upon the request of at least one half, but in no case less than six, of the States Parties to this Protocol, any proposal to amend the limits, including the deductibles, specified in Article 3, paragraph 1, Article 4 bis, paragraph 1, Article 7, paragraph 1, and Article 8 of the Convention as revised by this Protocol shall be circulated by the Secretary-General to all Members of the Organization and to all States Parties.

3.   Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization (hereinafter referred to as "the Legal Committee") for consideration at a date at least six months after the date of its circulation.

4.   All States Parties to the Convention as revised by this Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments.

5.   Amendments shall be adopted by a two-thirds majority of the States Parties to the Convention as revised by this Protocol present and voting in the Legal Committee expanded as provided for in paragraph 4, on condition that at least one half of the States Parties to the Convention as revised by this Protocol shall be present at the time of voting.

6.   When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and, in particular, the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance.

7. (a)   No amendment of the limits under this Article may be considered less than five years from the date on which this Protocol was opened for signature nor less than five years from the date of entry into force of a previous amendment under this Article.

(b)   No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as revised by this Protocol increased by six per cent per year calculated on a compound basis from the date on which this Protocol was opened for signature.

(c)   No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as revised by this Protocol multiplied by three.

8.   Any amendment adopted in accordance with paragraph 5 shall be notified by the Organization to all States Parties. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one fourth of the States that were States Parties at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept the amendment, in which case the amendment is rejected and shall have no effect.

9.   An amendment deemed to have been accepted in accordance with paragraph 8 shall enter into force eighteen months after its acceptance.

10.   All States Parties shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 21, paragraphs 1 and 2 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.

11.   When an amendment has been adopted but the eighteen-month period for its acceptance has not yet expired, a State which becomes a State Party during that period shall be bound by the amendment if it enters into force. A State which becomes a State Party after that period shall be bound by an amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later.

ARTICLE 24

Depositary

1.   This Protocol and any amendments adopted under Article 23 shall be deposited with the Secretary-General.

2.  The Secretary-General shall:

  a) inform all States which have signed or acceded to this Protocol of:
   i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;
   ii) each declaration and communication under Article 9, paragraphs 2 and 3, Article 18, paragraph 1 and Article 19, paragraph 4 of the Convention as revised by this Protocol;
   iii) the date of entry into force of this Protocol;
   iv) any proposal to amend the limits which has been made in accordance with Article 23, paragraph 2 of this Protocol;
   v) any amendment which has been adopted in accordance with Article 23, paragraph 5 of this Protocol;
   vi) any amendment deemed to have been accepted under Article 23, paragraph 8 of this Protocol, together with the date on which that amendment shall enter into force in accordance with paragraphs 9 and 10 of that Article;
   vii) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect;
   viii) any communication called for by any Article of this Protocol;
   b) transmit certified true copies of this Protocol to all States which have signed or acceded to this Protocol.

3.   As soon as this Protocol comes into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 25

Languages

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

DONE AT LONDON this first day of November 2002.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments for that purpose, have signed this Protocol.

ANNEX TO ATHENS CONVENTION

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF LIABILITY FOR THE DEATH OF AND PERSONAL INJURY TO PASSENGERS

Issued in accordance with the provisions of Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002

Name of Ship

Distinctive number or letters

IMO Ship Identification Number

Port of Registry

Name and full address of the principal place of business of the carrier who actually performs the carriage

This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article 4bis of the Convention relating to the Carriage of Passengers and their luggage by Sea, 2002.

Type of Security :........................................................................................................................

Duration of Security :..................................................................................................................

Name and address of the insurer(s) and/or guarantor(s)

Name :.........................................................................................................................................

Address :......................................................................................................................................

..............................................................................................................................

This certificate is valid until .......................................................................................................

Issued or certified by the Government of ...................................................................................

.....................................................................................................................................................

(Full designation of the State)

OR

The following text should be used when a State Party avails itself of Article 4bis, paragraph 3:

The present certificate is issued under the authority of the Government of ................................

(full designation of the State) by .........................................................................................(name of institution or organization)

At ................................... On ..................................

(Place) (Date)

...................................................................................

(Signature and Title of issuing or certifying official)

Explanatory Notes:

1.   If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.

2.   If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.

3.   If security is furnished in several forms, these should be enumerated.

4.   The entry "Duration of Security" must stipulate the date on which such security takes effect.

5.   The entry "Address" of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.

ANNEX II

IMO reservation 2006

(1) Not yet published in OJ.
(2) OJ C 318, 23.12.2006, p. 195 .
(3) OJ C 229, 22.9.2006, p. 38 .
(4) Position of the European Parliament of 25 April 2007 .
(5) Insert publication reference to the adopting Council decision.
(6) 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).
(7) 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 ).
(8) OJ L 158, 23.6.1990, p. 59.
(9)* The date of its entry into force or the date of the entry into force of the Athens Convention 2002 for the Community, whichever is the later.
(10)* The date of its entry into force or the date of the entry into force of the Athens Convention 2002 for the Community, whichever is the later.


Port State control ***I
DOC 429k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal for a directive of the European Parliament and of the Council on port State control (recast version) (COM(2005)0588 – C6-0028/2006 – 2005/0238(COD) )
P6_TA(2007)0149 A6-0081/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0588 )(1) ,

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0028/2006 ),

–   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 (A6-0081/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on port State control (recast)

P6_TC1-COD(2005)0238


(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 Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   Council Directive 95/21/EC of 19 June 1995 on port State control of shipping(5) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

(2)   The Community is seriously concerned about shipping casualties and pollution of the seas and coastlines of the Member States.

(3)   The Community is equally concerned about on-board living and working conditions.

(4)   Safety, pollution prevention and shipboard living and working conditions may be effectively enhanced through a drastic reduction of substandard ships from Community waters, by strictly applying international Conventions, codes and resolutions.

(5)    To this end, the Community hopes for the early ratification of the Maritime Labour Convention 2006 of the International Labour Organisation (ILO), part 5.2.1 of which refers to port state obligations.

(6)    Monitoring the compliance of ships with the international standards for safety, pollution prevention and shipboard living and working conditions should rest primarily with the flag State. However, there has been a serious failure on the part of a number of flag States to implement and enforce international standards. Henceforth the monitoring of compliance with the international standards for safety, pollution prevention and shipboard living and working conditions should also be ensured by the port State, on the understanding that a port state inspection is not an expert appraisal, that inspection reports are not equivalent to a seaworthiness certificate, and that port state control cannot absolve flag states from their responsibilities .

(7)    A harmonised approach to the effective enforcement of these international standards by the Member States in respect of ships sailing in the waters under their jurisdiction and using their ports will avoid distortions of competition.

(8)    The shipping industry is vulnerable to acts of terrorism. Transport security measures should be implemented effectively and Member States should vigorously monitor compliance with the security rules by carrying out security checks.

(9)    Advantage should be taken of the experience gained during the operation of the Paris Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982 (Paris MOU) .

(10)    The European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 (6) , should provide the necessary support to ensure the convergent and effective implementation of the port State control system. EMSA should in particular contribute to the development of a harmonised Community scheme for the qualification and training of port State control inspectors.

(11)   An efficient port State control regime should seek to ensure that all ships calling at a port within the European Union are regularly inspected. Inspection should concentrate on substandard ships, while quality ships, meaning those which have satisfactory inspection records or which fly the flag of a State complying with the International Maritime Organization ( IMO) Member State Audit Scheme, should be rewarded by undergoing less frequent inspections. Such new inspection arrangements should be incorporated into the Community's port State control regime as soon as its various aspects have been defined and on the basis of an inspection-sharing scheme whereby each Member State contributes fairly to the achievement of the Community objective of a comprehensive inspection scheme. Moreover, Member States should recruit and retain the requisite number of staff, including qualified inspectors, taking into account the volume and characteristics of shipping traffic at each port.

(12)    The inspection regime set up by this Directive should be coordinated with the work done by the Paris MOU. Since any developments arising from the Paris MOU should be agreed at Community level before being made applicable within the EU, close coordination should be established between the Community and the Paris MOU, with a view to achieving a single distinct inspection regime.

(13)    The rules and procedures for port-State inspections, including criteria for the detention of ships, should be harmonised to ensure consistent effectiveness in all ports, which would also drastically reduce the selective use of certain ports of destination to avoid the net of proper control.

(14)    Certain categories of ships present a major accident or pollution hazard when they reach a given age and should therefore be subject to an expanded inspection; the details of such expanded inspection need to be laid down.

(15)    Under the inspection regime set up by this Directive, the intervals between periodic inspections on ships depend on their risk profile that is determined by certain generic and historical parameters. For high risk ships this interval should not exceed six months.

(16)    Some ships pose a manifest risk to maritime safety and the marine environment because of their poor condition, flag and history. They should therefore be refused access to Community ports and anchorages , unless it can be demonstrated that they can be operated safely in Community waters. Guidelines should be established setting out the procedures applicable in the event of the imposition of such an access ban and of the lifting of the ban. In the interests of transparency, the list of ships refused access to Community ports and anchorages should be made public.

(17)    In order to reduce the burden placed on certain administrations and companies by repetitive inspections, a survey carried out on a ro-ro ferry or high-speed passenger craft under Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services(7) , to the satisfaction of the host State, should be regarded as an expanded inspection under the port State control system.

(18)    Non-compliance with the provisions of the relevant Conventions must be rectified. Ships which need to be the subject of corrective action must, where the observed deficiencies are clearly hazardous to safety, health or the environment, be detained until such time as the shortcomings have been rectified.

(19)    A right of appeal should be made available against decisions for detention taken by the competent authorities, in order to prevent unreasonable decisions which are liable to cause undue detention and delay.

(20)    Authorities and inspectors involved in port State control activities should have no conflict of interests, whether with the port of inspection or with the ships inspected and related interests. Inspectors should be adequately qualified and should receive appropriate training so as to maintain and improve their competence in the conduct of inspections. Member States should cooperate in developing and promoting a harmonised Community scheme for the qualification and training of inspectors.

(21)    Pilots and port authorities should be enabled to provide useful information on anomalies found on board ships.

(22)    Complaints from persons with a confirmed legitimate interest regarding living and working conditions on board should be investigated. Priority should be given to dealing with complaints on board. Any person lodging a complaint should be informed of the follow-up action given to that complaint.

(23)    Cooperation between the competent authorities of the Member States and other authorities or organisations is necessary to ensure an effective follow-up with regard to ships with deficiencies which have been permitted to proceed and for the exchange of information about ships in port.

(24)    Since the inspection database is an essential part of port State control, Member States should ensure that it is updated in the light of Community requirements. 

(25)    Publication of information concerning ships and their operators or companies which do not comply with international standards on safety, health and protection of the marine environment, may be an effective deterrent discouraging shippers from using such ships, and an incentive to their owners to take corrective action.

(26)    All costs of inspecting ships which warrant detention, and those incurred in lifting a refusal of access, should be borne by the owner or the operator.

(27)    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 procedures for the exercise of implementing powers conferred on the Commission(8) . Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of that Decision .

(28)    In particular, in order not to impose a disproportionate administrative burden on Member States without seaports, a de minimis rule should permit them to derogate from the provisions of this Directive. Measures implementing that rule should be adopted in accordance with the regulatory procedure with scrutiny.

(29)    Since the objectives of the action to be taken, namely to reduce substandard shipping in Community waters through improvement of the Community's inspection system for seagoing ships and the development of the means of taking preventive action in the field of pollution of the seas cannot be sufficiently achieved by the Member States and may, therefore, on account of their scale and their effects, be better achieved at Community level, the Community can take measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

(30)    The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

(31)    This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex XV, Part B.

(32)    In accordance with point 34 of the Interinstitutional Agreement on better law-making (9) , Member States are encouraged to draw up, for themselves and in the interests 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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to help to reduce drastically substandard shipping in the waters under the jurisdiction of Member States, by:

   a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security, protection of the marine environment and living and working conditions on board ships of all flags;
   b) establishing common criteria for control of ships by the port State and harmonising procedures on inspection and detention;
   c) ensuring that all ships calling to ports or anchorages within the Community are inspected with a frequency depending on their risk profile, with ships posing a higher risk being subject to a more thorough inspection carried out at more frequent intervals;
   d) introducing elements related to a Community port State control regime, aiming to establish common criteria for the control of ships by the port State and harmonise procedures on inspection and detention.

Article 2

Definitions

For the purpose of this Directive:

  1. "Conventions" means the following Conventions, together with the Protocols and amendments thereto and related codes of mandatory status, in their up-to-date version:
   a) the International Convention on Load Lines, 1966 (LL 66);
   b) the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
   c) the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (Marpol 73/78);
   d) the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78);
   e) the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Colreg 72);
   f) the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69);
   g) the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No 147);
   h) the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92).
   2. "Paris MOU" means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, in its up-to-date version.
   3. "Framework and procedures for the Voluntary IMO Member State Audit Scheme" means IMO Assembly Resolution A.974(24).
   4. "Paris MOU region" means the geographical area in which the states party to the Paris MOU conduct inspections in the context of the Paris MOU.
   5. "Ship" means any seagoing vessel to which one or more of the Conventions apply, flying a flag other than that of the port State.
   6. "Off-shore installation" means a fixed or floating platform operating on or over the continental shelf of a Member State.
   7. "Port" means an area of land and water made up of such works and equipment as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of those goods, and embarkation and disembarkation of passengers.
   8. "Anchorage" means a place in a port or another area within the jurisdiction of a port suitable for ships to anchor.
   9. "Inspector" means a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out port-State control inspections, and responsible to that competent authority.
   10. "Competent authority" means a maritime authority responsible for port State control in accordance with this Directive.
   11. "Competent authority for maritime security" means a competent authority for maritime security as defined in Article 2, point 7 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (10) .
   12. "Initial inspection" means a visit on board a ship by an inspector, in order to check compliance with the relevant Conventions and regulations and including at least the checks required by Article 12(2) .
   13 . "More detailed inspection" means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in Article 12(3) , to an in-depth examination covering the ship's construction, equipment, manning, living and working conditions and compliance with on-board operational procedures.
   14. "Expanded inspection" means an inspection whose scope includes as a minimum the items listed in Annex VIII . An expanded inspection may include a more detailed inspection whenever there are clear grounds in accordance with Article 13 .
   15. "Complaint" means any information or report, other than the report on apparent anomalies or defects drawn up by pilots or port authorities in accordance with Article 22, submitted by any physical or legal person with a legitimate interest in the safety of the ship, including an interest in safety or health hazards to its crew, shipboard living and working conditions and the prevention of pollution.
   16 . "Detention" means the formal prohibition of a ship to proceed to sea due to established deficiencies which, individually or together, make the ship unseaworthy.
   17. "Refusal of access order" means a decision issued to the master of a ship, to the company responsible for the ship and to the flag State notifying them that the ship will be refused access to all ports and anchorages of the Community.
   18. "Stoppage of an operation" means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.
   19. "Company" means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management ("ISM") Code.
   20. "Recognised Organisation" means a classification society or other private body, carrying out statutory tasks on behalf of a flag State administration.
   21. "Statutory certificate" means a certificate issued by or on behalf of a flag State in accordance with international Conventions.
   22. "Classification certificate" means a document issued by a recognised organisation, confirming compliance with SOLAS 74, Chapter II.1, Part A.1, Regulation 3.1 .
   23. "Inspection database" means the information system for implementing the port State control regime within the Community and taking into account inspections made in the Paris MOU region .

Article 3

Scope

1.   This Directive applies to any ship and its crew calling at a port or at an anchorage of a Member State.

France may decide that the ports covered by this paragraph do not include ports situated in the overseas departments referred to in Article 299(2) of the Treaty.

Where a Member State carries out an inspection on a ship in its territorial waters but outside a port, such a procedure shall be deemed to be an inspection for the purposes of this Directive.

Nothing in this Article shall affect the rights of intervention available to a Member State under the relevant international Conventions.

Member States without sea ports may derogate from the application of this Directive, under certain conditions. The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), the measures for the implementation of this derogation mechanism.

2.   In the case of ships of a gross tonnage below 500, Member States shall apply those requirements of a relevant Convention which are applicable and shall, to the extent that a Convention does not apply, take such action as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, health or the environment. In their application of this paragraph, Member States shall be guided by Annex 1 to the Paris MOU.

3.   When inspecting a ship flying the flag of a State which is not a party to a Convention, Member States shall ensure that the treatment given to such ship and its crew is no more favourable than that given to a ship flying the flag of a State which is a party to that Convention.

4.   Fishing vessels, ships of war, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive.

Article 4

Inspection powers

1.   Member States shall take all necessary measures in order to be legally entitled to carry out on board foreign ships the inspections referred to in this Directive in accordance with international law.

2.    Member States shall maintain appropriate competent authorities for the inspection of ships and shall take whatever measures are appropriate to ensure that they perform their duties as laid down in this Directive. In particular, they shall recruit and retain the requisite number of staff, including qualified inspectors, taking into account the volume and characteristics of shipping traffic at each port. 

Member States shall put in place appropriate arrangements to ensure that inspectors are available for carrying out initial and expanded inspections in accordance with Articles 12 and 13 and Annex I, part II .

Article 5

Community inspection regime

1.   The Member States shall carry out inspections in accordance with the selection scheme described in Article 12 and the provisions of Annex I .

2.   Each Member State shall carry out annually a total number of inspections of individual ships corresponding to its share of the total number of inspections to be carried out annually in the Community and in the Paris MOU area. This share shall be based on the number of ships calling at the ports or anchorages of the Member State in question in relation to the sum of the number of ships calling at the ports and anchorages of each Member State of the Community and of the states party to the Paris MOU.

Article 6

Compliance with the Community inspection regime

In accordance with Article 5, each Member State shall:

   a) inspect all Priority I ships, as referred to in Article 11(a), calling at its ports and anchorages and
   b) annually carry out a total number of inspections on Priority I and Priority II ships, as referred to in Article 11(a) and (b), which correspond at least to its annual inspection commitment.

Article 7

Circumstances in which certain ships are not inspected

1.   In the following circumstances, a Member State may decide to postpone the inspection of a Priority I ship:

   i) if the inspection may be carried out at the next call of the ship in the same Member State, provided that the ship does not call at any other port or anchorage in the Community or the Paris MOU region in between and the postponement does not exceed 15 days; or
   ii) if the inspection may be carried out in another port of call within the Community or the Paris MOU region within 15 days, provided that the State in which such port of call is located has agreed to perform the inspection.

If an inspection is postponed, but not performed in accordance with points (i) and (ii) and not recorded in the inspection database, it shall be counted as a missed inspection against the Member State which postponed the inspection.

2.    Under the following exceptional circumstances an inspection not performed on Priority I ships for operational reasons shall not be counted as a missed inspection, provided that the reason for missing the inspection is recorded in the inspection database, if in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine environment.

3.   If an inspection is not performed on a ship at anchor, it shall not be counted as a missed inspection provided that, if point (ii) applies, the reason for missing the inspection is recorded in the inspection database, if:

   i) the ship is inspected in another port within the Community or the Paris MOU region in accordance with Annex I within 15 days, or
   ii) in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine environment.

4.    The Commission may adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), measures for the implementation of this Article.

Article 8

Notification of arrival of ships

1.    The operator, agent or master of a ship eligible for an expanded inspection in accordance with Article 13 bound for a port or anchorage of a Member State shall notify its arrival in accordance with the provisions of Annex III.

2.    On receipt of the notification referred to in paragraph 1 and in Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (11) , the relevant port authority shall pass on this information to the competent authority.

3.    Electronic means shall be used for the purposes of any communication provided for in this article. Other means shall be used only when electronic means are not available.

4.    The procedures and formats developed by the Member States for the implementation of Annex III shall comply with Directive 2002/59/EC.

Article 9

Ship risk profile

1.    Every ship calling at a port or anchorage in a Member State shall be attributed a ship risk profile which determines the degree of priority of the inspection, the intervals between inspections and the scope of inspections. The ship risk profile of each ship shall be entered in the inspection database.

2.    The risk profile of a ship shall be determined by a combination of generic and historic risk parameters, as follows:

a)    Generic parameters

Generic parameters shall be based on the type, age, flag, recognised organisations involved and company performance in accordance with Annex I, part I, point 1 and Annex II.

b)    Historic parameters

Historic parameters shall be based on the number of anomalies and detentions during a given period, in accordance with Annex I, part I, point 2 and Annex II.

3.   The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), the rules for the implementation of this Article, specifying in particular:

   the values attributed to each risk parameter,
   the combination of risk parameters corresponding to each level of ship risk profile,
   the conditions for implementing the flag state criteria referred to in Annex I, part I, point 1 (c) (iii) concerning the demonstration of compliance with the relevant instruments.

Article 10

Frequency of inspections

1.   Ships calling at Community ports or anchorages shall be subject to periodic inspections or to additional inspections as follows:

   (a) Ships shall be subject to periodic inspections at predetermined intervals depending on their risk profile in accordance with Annex I, part II, section 1. The interval between periodic inspections of high risk ships shall not exceed six months. The interval between periodic inspections of ships of other risk profiles shall increase as the risk decreases, in accordance with Annex I, part II, section 1.
  (b) Ships shall be subject to additional inspections regardless of the period since their last periodic inspection as follows:
   i) the competent authority shall ensure that ships to which overriding factors listed in Annex I, part II, section 2.1 apply are subject to an inspection,
   ii) ships to which unexpected factors listed in Annex I, part II, section 2.2 apply may be subject to an inspection. The decision to undertake such an additional inspection shall be left to the professional judgement of the competent authority.

2.    Periodic and additional inspections shall include an examination of pre-identified areas for each ship which will vary according to the type of ship, the type of inspection and the findings of previous port State control inspections.

The inspection database shall indicate the elements to identify the risk areas to be checked at each inspection.

3.    The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), and taking account of the procedures applied in the context of the Paris MOU, measures for the implementation of this Article, specifying in particular the list of areas to be inspected according to the type of ship.

Article 11

Selection of ships for inspection

The competent authority shall ensure that ships are selected for inspection on the basis of their risk profile as described in Annex I, part I and when overriding or unexpected factors arise in accordance with Annex I, part II, section 2.

With a view to the inspection of ships, the competent authority:

   a) shall select ships which are due for a mandatory inspection, referred to as "Priority I" ships, in accordance with the selection scheme described in Annex I, part II, section 3.1,
   b) may select ships which are eligible for inspection, referred to as "Priority II" ships, in accordance with Annex I, part II, section 3.2.

Article 12

Types of inspections

1.   Member States shall ensure that ships which are selected for inspection in accordance with Article 11 are subject to an initial inspection, a more detailed inspection or an expanded inspection as follows:

2.    Initial inspection

(a)    On each initial inspection of a ship, the competent authority shall ensure that the inspector shall, as a minimum, check the certificates and documents listed in Annex IV required to be kept on board in accordance with the applicable Community maritime safety legislation and international Conventions ,

(b)    When a ship has been authorised to leave a port on condition that the deficiencies are rectified at the next port, the inspection at the next port shall be limited to verifying whether these deficiencies have been rectified.

However, the inspector may, in the exercise of his professional judgement, decide that the inspection must be extended to cover additional verifications.

3.   More detailed inspection

A more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements, whenever there are clear grounds for believing, after the inspection referred to in paragraph 2 point (b), that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention.

" Clear grounds" exist when the inspector finds evidence which in his professional judgement warrants a more detailed inspection of the ship, its equipment or its crew.

Examples of " clear grounds" are set out in Annex V and VII, section C.

Article 13

Expanded inspections

1.   The following categories of ships shall be eligible for an expanded inspection in accordance with Annex I, part II, section 3.1, points (a) and (b):

   ships with a high risk profile,
   passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   ships with a high risk profile or passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old, in the event of overriding or unexpected factors,
   ships subject to a re-inspection following a refusal of access order in accordance with Article 20.

2.    On reception of a pre-notification provided by a ship eligible for an expanded inspection, the competent authority shall inform the ship without delay whether an expanded inspection will be carried out.

Article 14

Guidelines and procedures under Community maritime safety and security legislation

1.   For the purposes of this Directive, the relevant procedures and guidelines for the control of ships specified in Annex VI shall be taken into account as appropriate.

Member States shall ensure that their competent authorities are duly informed of the relevant guidelines or procedures that need to be implemented in accordance with Community legislation and they shall verify their proper implementation.

2.   As far as safety checks are concerned, the Member States shall apply the procedures set out in Annex VII to all ships referred to in Article 3(1) and (2) of Regulation (EC) No 725/2004 calling at their ports, as long as they do not fly the flag of the port state of inspection.

They shall apply those procedures to the ships referred to in Article 3(3) of Regulation (EC) No 725/2004 when the provisions of that regulation have been extended to the ships referred to in Article 3(3).

3.   The provisions of Article 13 concerning expanded inspections shall apply to ro-ro ferries and to high-speed passenger craft as referred to in Article 2(a) and (b) of Directive 1999/35/EC.

When a ship has been surveyed in accordance with Articles 6 and 8 of Directive 1999/35/EC, such specific survey shall be considered as a more detailed or an expanded inspection, as relevant, and recorded as such in the inspection database.

Without prejudice to a prevention of operation of a ro-ro ferry or a high-speed passenger craft decided in accordance with Article 10 of Directive 1999/35/EC, the provisions of this Directive concerning rectification of deficiencies, detentions, refusal of access, follow-up to inspections, detentions and refusal of access, as appropriate, shall apply.

Article 15

Access refusal measures concerning certain ships

1.   A Member State shall ensure that any ship meeting the criteria specified in this paragraph is refused access to its ports and anchorages, except in the situations described in Article 20(6) if the ship:

   flies the flag of a State which appears on the black list or grey list as defined by the Paris MOU on the basis of information recorded in the inspection database and as published annually by the Commission, and
   has been detained or issued with a prevention of operation order under Directive 1999/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a MOU signatory State.

For the purposes of this paragraph, the list defined by the Paris MOU shall enter into force as of 1 July each year.

The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 4 to 10 of Annex IX are met.

If the ship is subject to a second refusal of access, the period shall be increased to 12 months. Any subsequent detention in a Community port shall result in the ship being permanently refused access to any port or anchorage within the Community.

2.   For the purposes of this Article , Member States shall comply with the procedures laid down in Annex IX, point B.

Article 16

Report of inspection to the master

On completion of an inspection, a more detailed inspection or an expanded inspection, the inspector shall draw up a report in accordance with Annex X. A copy of the inspection report shall be provided to the ship's master.

Article 17

Complaints

All complaints within the meaning of Article 2(15) made by persons with a demonstrated legitimate interest regarding conditions on board shall be subject to an initial investigation by the competent authority .

The initial investigation must make it possible to establish swiftly whether the complaint is admissible or whether it is manifestly unfounded or clearly abusive.

When the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons for it.

The identity of the person lodging the complaint shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall ensure confidentiality during any interviews of crew members.

Member States shall inform the flag State administration, with a copy to the ILO if appropriate, of complaints not manifestly unfounded and of follow-up actions taken.

Article 18

Rectification and detention

1.   The competent authority shall be satisfied that any deficiencies confirmed or revealed by the inspection are or will be rectified in accordance with the Conventions.

2.   In the case of deficiencies which are clearly hazardous to safety, health or the environment, the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained, or the operation in the course of which the deficiencies have been revealed is stopped. The detention order or stoppage of an operation shall not be lifted until the hazard is removed or until such authority establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

3.  Without prejudice to restrictions on security grounds decided in accordance with Regulation (EC) No. 725/2004, a detention order issued by a competent authority may:

   a) include a direction that the ship shall remain in a particular place, or shall move to a particular anchorage or berth; and
   b) specify the circumstances in which the master of the ship may move the ship from a specified place for reasons of safety or prevention of pollution.

4.   When exercising his professional judgement as to whether or not a ship should be detained, the inspector shall apply the criteria set out in Annex XI.

In this respect, if the inspection reveals that the ship is not equipped with a functioning voyage data recorder, when its use is compulsory in accordance with Directive 2002/59/EC, the competent authority shall ensure that the ship is detained.

If the deficiencies justifying detention cannot be readily rectified in the port of detention, the competent authority may allow the ship to proceed to the nearest available repair yard to the port of detention where it may be readily rectified or it may require that the deficiencies be rectified within a maximum period of 30 days, in accordance with the guidelines developed by the Paris MOU. For these purposes, the procedures laid down in Article 20 shall apply.

5.   In exceptional circumstances, where the overall condition of a ship is obviously substandard, the competent authority may suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.

6.   In the event of detention, the competent authority shall immediately inform, in writing and including the report of inspection, the flag State administration or, when this is not possible, the Consul or, in his absence, the nearest diplomatic representative of that State, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognised organisations responsible for the issue of class certificates or statutory certificates in accordance with international C onventions shall also be notified .

7.   The provisions of this Directive shall be without prejudice to the additional requirements of the Conventions concerning notification and reporting procedures related to port State control.

8.   When exercising port State control under this Directive, all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is unduly detained or delayed, the owner or operator shall be entitled to compensation for any loss or damage suffered. In any instance of alleged undue detention or delay the burden of proof shall lie with the owner or operator of the ship.

9.    The competent authority shall inform the port authority at its earliest convenience when a detention order is issued.

10 .   In order to alleviate port congestion, a competent authority may allow a detained ship to be moved to another part of the port if it is safe to do so. However, the risk of port congestion shall not be a consideration when deciding on a detention or on a release from detention.

Port authorities shall cooperate with the competent authority with a view to facilitating the accommodation of detained ships.

Article 19

Right of appeal

1.   The owner or the operator of a ship or his representative in the Member State shall have a right of appeal against a detention decision or refusal of access taken by the competent authority. An appeal shall not cause the detention or refusal of access to be suspended, but shall be mentioned in the inspection database .

2.   Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation and shall cooperate in order to achieve coherent norms and procedures for the implementation of this Article, particularly with a view to ensuring that appeals are dealt with within a reasonable time .

3.   The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal and the practical arrangements relating thereto .

4.  When, as a result of an appeal or of a request made by the owner or the operator of a ship or his representative, a detention or a refusal of access order is revoked or amended:

   (a) Member States shall ensure that the inspection database is amended accordingly without delay,
   (b) The Member State where the detention or refusal of access order has been issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 25 is rectified.

Article 20

Follow-up to inspections and detentions

1.   Where deficiencies as referred to in Article 18 (2) cannot be rectified in the port of inspection, the competent authority of that Member State may allow the ship concerned to proceed directly to the nearest available repair yard to the port of detention where follow-up action can be taken, as chosen by the master and the authorities concerned, provided that the conditions determined by the competent authority of the flag State and agreed by that Member State are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

2.   Where the decision to send a ship to a repair yard is due to a lack of compliance with IMO Resolution A.744(18), either with respect to a ship's documentation or with respect to a ship's structural failures and deficiencies, the competent authority may require that the necessary thickness measurements be carried out in the port of detention before the ship is allowed to sail.

3.   In the circumstances referred to in paragraph 1, the competent authority of the Member State in the port of inspection shall notify the competent authority of the State where the repair yard is situated, the parties mentioned in Article 18 (6) and any other authority as appropriate of all the conditions for the voyage.

The competent authority of a Member State receiving such notification shall inform the notifying authority of the action taken.

4.  Member States shall take measures to ensure that access to any port or anchorage within the Community is refused to ships referred to in paragraph 1 which proceed to sea:

   a) without complying with the conditions determined by the competent authority of any Member State in the port of inspection; or
   b) which refuse to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard.

Such refusal shall be maintained until the owner or operator has provided evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.

5.   In the circumstances referred to in paragraph 4(a), the competent authority of the Member State where the ship was found defective shall immediately alert the competent authorities of all the other Member States.

In the circumstances referred to in paragraph 4(b), the competent authority of the Member State in which the repair yard lies shall immediately alert the competent authorities of all the other Member States.

Before denying entry, the Member State may request consultations with the flag administration of the ship concerned.

6.   By way of derogation from the provisions of paragraph 4, access to a specific port or anchorage may be permitted by the relevant authority of that port State in the event of force majeure or overriding safety considerations, or to reduce or minimise the risk of pollution or to have deficiencies rectified, provided that adequate measures to the satisfaction of the competent authority of such Member State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

Article 21

Professional profile of inspectors

1.   The inspections shall be carried out only by inspectors who fulfil the qualification criteria specified in Annex XII and who are authorised to carry out port State control by the competent authority.

2.   When the required professional expertise cannot be provided by the competent authority of the port State, the inspector of that competent authority may be assisted by any person with the required expertise.

3.   The competent authority, the inspectors carrying out port State control and the persons assisting them shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall the inspectors be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates or which carry out the surveys necessary for the issue of those certificates to ships.

4.   Each inspector shall carry a personal document in the form of an identity card issued by his competent authority in accordance with Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out port State control (12) .

5.   Member States shall ensure that the competence of inspectors is verified, and their knowledge as referred to in Annex XII is tested, before authorising them to carry out inspections and at intervals of five years thereafter.

6.   Member States shall ensure that inspectors receive appropriate training in relation to changes to the Community port State control regime as laid down in this Directive and amendments to the Conventions.

7.   In cooperation with Member States, the Commission shall develop and promote a harmonised Community scheme for the qualification and training of inspectors.

Article 22

Reports from pilots and port authorities

1.   Member States shall take appropriate measures to ensure that their pilots engaged on ships bound for a port or in transit within a Member State may immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are anomalies, findings or apparent defects which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment.

2.   If port authorities, when exercising their normal duties, learn that a ship within their port has anomalies, findings or apparent defects which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment, such authority shall immediately inform the competent authority of the port State concerned.

3.  Member States shall ensure that pilots and port authorities report the following information in electronic format whenever possible.

   ship information (name, IMO number, call sign and flag);
   sailing information (port of origin, port of destination);
   description of anomalies, findings or apparent defects found on board .

4.    The Commission may adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), measures for the implementation of this Article, including a harmonised electronic format and procedures for the reporting of anomalies, findings or apparent defects by pilots and port authorities and of follow-up action taken by Member States.

Article 23

Cooperation

1.  Each Member State shall ensure that its port authorities and other relevant authorities or bodies provide the competent port State control authority with the following types of information in their possession:

   information notified in accordance with Annex III;
   information concerning ships which have failed to comply with notification requirements in accordance with this Directive and with European Parliament and Council Directives 2000/59/EC of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (13) and 2002/59/EC, as well as, if appropriate, with Regulation (EC) No. 725/2004; 
   information concerning ships which have proceeded to sea without having complied with Article 7 or 10 of Directive 2000/59/EC; 
   information concerning ships which have been denied entry or expelled from port on security grounds. 

2.   Member States shall maintain provisions for the exchange of information and cooperation between their competent authority and the competent authorities of all other Member States and maintain the established operational link between their competent authority, the Commission and the inspection database.

Member States shall take all appropriate measures to ensure the updating of the inspection database in the light of the requirements arising from this Directive. 

For the purposes of carrying out inspections, inspectors shall consult the public and private databases relating to ship inspection accessible through the Equasis information system.

3.   Member States shall take all appropriate measures to ensure that the information related to inspections is transferred to the inspection database without delay. 

The information referred to in this paragraph shall be that specified in Annexes X and XIII .

4.    Each Member State shall ensure that the competent port State control authority provides port authorities with relevant information in their possession.

Article 24

Inspection database

1.    A database shall be established, which shall be a common database for both the European Union and the Paris MOU. The Commission shall develop and maintain the inspection database, with the assistance of the EMSA, showing the risk profiles of ships, indicating all ships due for inspection and calculating the inspection commitment. The database shall be capable of receiving ship movement data.

2.    The database shall also be used to classify Member States' ships in the white, grey and black lists in accordance with the method of calculation established by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 30(2).

3.    The core of the system shall be the joint EU/Paris MOU requirements. However, in the case of specific EU requirements, the Community shall have full discretion to take decisions on the development and possible adaptation of the system to meet such requirements.

4.    The inspection database shall be capable of adapting to future developments and of interfacing with other Community maritime safety databases and, where appropriate, with relevant national information systems.

5.    The inspection database shall, as appropriate, incorporate specific requirements from the Paris MOU and be capable of receiving information concerning inspections recorded by third States which are parties to the Paris MOU for the purposes of this Directive.

6.    The inspection database shall be accessible in "read only" mode to the administrations of Members of the IMO, to bodies under their responsibility and to the parties concerned. Such access shall be dependent on a confidentiality agreement similar to that required of inspectors of Member States.

Article 25

Publication of information

1.   The competent authority of each Member State shall take the necessary measures in order to ensure the publication of information related to inspections, detentions and refusals of access in accordance with Annex XIII .

2.   The provisions of this Article shall not affect national legislation on liability.

Article 26

Black-list on performance of ship operators and companies

The Commission shall establish and publish at least once a month, on a public website, information relating to companies whose performance, with a view to determining the ship risk profile as referred to in Annex I, part I, point (e), has been considered as poor or very poor for a period of three months or more .

The Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), adopt the rules required to implement this Article.

Article 27

Reimbursement of costs

1.   Should the inspections referred to in Articles 12 and 13 confirm or reveal deficiencies in relation to the requirements of a Convention warranting the detention of a ship, all costs relating to the inspections in any normal accounting period shall be covered by the shipowner or the operator or by his representative in the port State.

2.   All costs relating to inspections carried out by the competent authority of a Member State under the provisions of Article 20 (4) and Article 15 shall be charged to the owner or operator of the ship.

3.   In the case of detention of a ship, all costs relating to the detention in port shall be borne by the owner or operator of the ship.

4.   The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.

Article 28

Data to monitor implementation

Member States shall provide the Commission and the EMSA with the information listed in Annex XIV at the intervals stated in that Annex.

Member States shall take all appropriate measures to ensure that the Commission and the EMSA have full and unrestricted access to all data administered by the inspection database referred to in Article 23 (2).

Article 29

Monitoring of compliance and performance of Member States

In order to ensure the effective implementation of this Directive and to monitor the overall functioning of the Community's port State control regime in accordance with Article 2(b)(i) of Regulation (EC) No 1406/2002, the Commission shall collect the necessary information and carry out visits to Member States.

Article 30

Committee

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 (14) .

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

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 31

Amendment procedure

This Directive may, without broadening its scope, be amended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (2), in order to:

   a) adapt the Annexes on the basis of the experience gained from the implementation of this Directive and taking into account developments in the Paris MOU;
   b) adapt the Annexes, except Annex I, in order to take into account amendments which have entered into force to the Community legislation on maritime safety and security, and to the Conventions, Protocols, codes and resolutions of relevant international organisations and to the Paris MOU;
   c) amend the definitions in, and update the list of, international Conventions which are relevant for the purposes of this Directive.

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 .

Article 32

Penalties

Member States shall lay down a system of penalties for the breach of national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive.

The Commission shall ensure that the penalties thus defined allow for uniform application of the inspection regime throughout the Community and do not create distortions between Member States.

Article 33  

Review

The Commission shall review the implementation of this Directive no later than 18 months after expiry of the time-limit for the transposition of this Directive. The review will examine, inter alia, the fulfilment of the overall Community inspection commitment laid down in Article 5, the number of port State control inspectors in each Member State, the number of inspections carried out and the functioning of the fair share mechanism for missed inspections laid down in Article 7 .

The Commission shall communicate the findings of the review to the European Parliament and the Council and shall determine on the basis of the review whether it is necessary to propose an amending Directive or further legislation in this area.

Article 34

Implementation and notification

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles […] and points […] of Annexes [….] [articles or subdivisions thereof, and points of Annexes which have been changed as to their substance by comparison with the earlier Directive] not later than 18 months after the date fixed in Article 36 .

2.   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive[s] repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

3.   Member States shall communicate to the Commission the text of the main provisions of national law adopted in the field covered by this Directive.

4.   In addition, the Commission shall inform the European Parliament and the Council on a regular basis of progress in the implementation of the Directive within the Member States.

Article 35

Repeal

Directive 95/21/EC, as amended by the Directives listed in Annex XV , Part A, is repealed, with effect from ...(15) , without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex XV , Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVI .

Article 36

Entry into force

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

Articles […] and points […] of annexes […] [articles or subdivisions thereof, and points of annexes which are unchanged by comparison with the earlier Directive ] shall apply from ...(16) .

Article 37

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

Elements of the Community Port State Inspection Regime

(as referred to in Article 5 )

The following elements shall be included in the Community Port State Inspection Regime:

I.   Ship risk profile

The risk profile of a ship is determined by a combination of the following parameters:

1.    Generic parameters

(a)   Type of ship

Passenger ships, oil and chemical tankers, gas carriers and bulk carriers are considered as posing a higher risk.

(b)   Age of ship

Ships more than 12 years old are considered as posing a higher risk.

(c)   Flag State performance

(i)   Ships flying the flag of a State with a high detention rate within the EU and Paris MOU region are considered as posing a higher risk.

(ii)   Ships flying the flag of a State with a low detention rate within the EU and Paris MOU region are considered as posing a lower risk.

(iii)   Ships flying the flag of a State for which an independent audit has been carried out in accordance with the Framework and procedures for the Voluntary IMO Member State Audit Scheme and which has demonstrated compliance with the relevant instruments in accordance with the measures referred to in Article 9(3), third indent, or, until such measures have been adopted, provides evidence that a corrective action plan has been submitted, are considered as posing a lower risk.

(d)   Recognised organisations

(i)   Ships which have been delivered certificates from recognised organisations having a low or very low performance level in relation with their detention rates within the EU and the Paris MOU region are considered as posing a higher risk.

(ii)   Ships which have been delivered certificates from recognised organisations having a high performance level in relation with their detention rates within the EU and the Paris MOU region are considered as posing a lower risk.

(iii)   Ships with certificates issued by organisations recognised under the terms of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (17) are considered as posing a lower risk.

(e)   Company performance

(i)   Ships of a company with a low or very low performance as determined by its ships" deficiency and detention rates within the European Union and the Paris MOU region are considered as posing a higher risk.

(ii)   Ships of a company with a high performance as determined by its ships" deficiency and detention rates within the European Union and the Paris MOU region are considered as posing a lower risk.

2.    Historic parameters

(i)   Ships which have been detained more than once are considered as posing a higher risk.

(ii)    Ships which, during inspection(s) carried out within the past 36 months, have presented fewer than five deficiencies per inspection and have not been detained within the past 36 months are considered as posing a lower risk.

(iii)    Ships which have not been detained within the previous 36 months are considered as posing a lower risk.

The generic and historic risk parameters referred to in sections 1 and 2 shall be combined to determine the following ship risk profiles:

   high risk,
   standard risk,
   low risk.

In determining these risk profiles greater emphasis shall be given to the parameters for type of ship, flag State performance, recognised organisations and company performance.

II.   Inspection of ships

Ships calling at Community ports are subject to periodic inspections at regular intervals, and to additional inspections when unexpected factors arise.

1.   Periodic inspections

Periodic inspections shall be carried out at predetermined intervals. Their frequency shall be determined by the ship risk profile. The interval between periodic inspections of high risk ships shall not exceed six months. The interval between periodic inspections of ships of other risk profiles shall increase as the risk decreases.

Member States shall carry out a periodic inspection on:

   Any ship with a high risk profile which has not been inspected in a port of the European Union or of the Paris MOU region during the last six months. High risk ships become eligible for inspection as from the fifth month.
   Any ship with a standard risk profile which has not been inspected in a port of the European Union or of the Paris MOU region during the last 12 months. Standard risk ships become eligible for inspection as from the tenth month.
   Any ship with a low risk profile which has not been inspected in a port of the EU or of the Paris MOU region during the last 30 months . Low risk ships become eligible for inspection as from the 24th month.

2.   Additional inspections

Ships to which the following overriding or unexpected factors apply are subject to an inspection regardless of the period since their last periodic inspection.

2.1.    Overriding factors

Ships to which the following overriding factors apply shall be inspected regardless of the period since their last periodic inspection:

–   Ships which have been suspended or withdrawn from their class for safety reasons since the last inspection in the European Union or in the Paris MOU region.

–   Ships which have been the subject of a report or notification by another Member State.

–   Ships which cannot be identified in the inspection database.

–  Ships which:

   have been involved in a collision, grounding or stranding on their way to the port;
   have been accused of an alleged violation of the provisions on discharge of harmful substances or effluents, or
   have manoeuvred in an erratic or unsafe manner whereby routing measures, adopted by the IMO, or safe navigation practices and procedures have not been followed.

   Ships which have failed to comply with the relevant notification requirements referred to in Article 8 of this Directive, in Directive 2000/59/EC, Directive 2002/59/EC and if appropriate in Regulation (EC) N° 725/2004.

   Ships which have been reported with outstanding deficiencies, except those for which deficiencies had to be rectified within 14 days after departure, or for deficiencies which had to be rectified before departure .

2.2.    Unexpected factors

Ships to which the following unexpected factors apply shall be subject to inspection regardless of the period since their last periodic inspection. However, the decision to undertake such an additional inspection is left to the professional judgement of the inspector.

  Ships which have:

   been operated in such a manner as to pose a danger to persons, property or the environment, or
   not complied with recommendations on navigation through the entrances to the Baltic Sea as made in the Annexes to Resolution MSC.138(76) of the IMO.

   Ships carrying certificates issued by a formerly recognised organisation whose recognition has been withdrawn since the last inspection in the European Union or in the Paris MOU region.

–   Ships which have been reported by pilots or port authorities as having anomalies/findings or apparent defects which may prejudice their safe navigation or pose a threat of harm to the environment in accordance with Article 22 of this Directive.

–   Ships which have been the subject of a report or complaint by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded.

–   Ships which have been previously detained more than three months ago .

–   Ships which have been reported with problems concerning their cargo, in particular noxious and dangerous cargoes.

–   Ships which have been operated in such a manner as to pose a danger to persons, property or the environment.

   Ships where information from a reliable source became known that their risk parameters differ from the recorded ones and the risk level is thereby increased.

3.   Selection system

3.1.   Priority I vessels shall be inspected as follows:

  a) an expanded inspection shall be carried out:
   on all ships with a high risk profile which have not been inspected within the last six months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a standard risk profile which have not been inspected within the last 12 months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a low risk profile which have not been inspected within the last 36 months;
  b) an initial inspection or, where appropriate, a more detailed inspection shall be carried out:
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a standard risk profile which have not been inspected within the last 12 months,
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a low risk profile which have not been inspected within the last 36 months;
  c) where an overriding factor has arisen:
   a more detailed inspection or an expanded inspection, according to the inspector's professional judgement, shall be carried out on all ships with a high risk profile and on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   a more detailed inspection shall be carried out on all ships more than 12 years old, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers.

3.2.   Priority II vessels shall be inspected as follows:

  a) an expanded inspection shall be carried out:
   on all ships with a high risk profile which have not been inspected within the last five months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a standard risk profile which have not been inspected within the last 10 months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a low risk profile which have not been inspected within the last 24 months;
  b) an initial inspection or, where appropriate, a more detailed inspection shall be carried out:
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a standard risk profile which have not been inspected within the last 10 months,
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a low risk profile which have not been inspected within the last 24 months;
  c) where an unexpected factor has arisen:
   a more detailed inspection or an expanded inspection, according to the inspector's professional judgement, shall be carried out on all ships with a high risk profile and on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   a more detailed inspection shall be carried out on all ships more than 12 years old, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers.

ANNEX II

DESIGN OF SHIP RISK PROFILE

Profile

High Risk Ship (HRS)

Standard Risk Ship (SRS)

Low Risk Ship (LRS)

Generic Parameters

Criteria

Weighting points

Criteria

Criteria

1

Type of ship

Chemical tankship

Gas carrier

Oil tankship

Bulk carrier

Passenger ship

2

neither a high risk nor a low risk ship

All types

2

Age of ship

all types > 12 y

1

All ages

3a

Flag

BGW-list

Black - VHR HR,

M to HR

2

White

Black - MR

1

3b

IMO-Audit

-

-

Yes

4a

Recognized

Organisation

Performance

H

-

-

High

M

-

-

-

L

Low

1

-

VL

Very Low

-

4b

EU recognised

-

-

Yes

5

Company

Performance

H

-

-

High

M

-

-

-

L

Low

2

-

VL

Very low

-

Historic parameters

6

Number of def. recorded in each insp. within previous 36 months

Deficiencies

Not eligible

-

≤ 5 (and at least one inspection carried out in previous 36 months)

7

Number of Detention within previous 36 months

Detentions

≥ 2 detentions

1

No

detention

HRS are ships which meet criteria to a total value of 5 or more weighting points.

LRS are ships which meet all the criteria of the Low Risk Parameters.

SRS are ships which are neither HRS nor LRS.

ANNEX III

NOTIFICATION

Information to be provided in accordance with Article 8(2)

The information listed below shall be submitted to the port authority or to the authority or body designated for that purpose at least three days before the expected time of arrival in the port or anchorage or before leaving the previous port or anchorage if the voyage is expected to take fewer than three days:

   a) ship identification (name, call sign, IMO identification number or MMSI number);
   b) planned duration of the call and list of Community ports successively visited on the same voyage ;
  c) for tankers:
   i) configuration: single hull, single hull with SBT, double hull;
   ii) condition of the cargo and ballast tanks: full, empty, inerted;
   iii) volume and nature of the cargo;
   d) planned operations at the port or anchorage of destination (loading, unloading, other);
   e) planned statutory survey inspections and substantial maintenance and repair work to be carried out whilst in the port or anchorage of destination;
   f) date of last expanded inspection in the Paris MOU.

ANNEX IV

LIST OF CERTIFICATES AND DOCUMENTS

(as referred to in Article 12(2) )

1.   International Tonnage Certificate (1969).

2. –   Passenger Ship Safety Certificate;

–   Cargo Ship Safety Construction Certificate;

–   Cargo Ship Safety Equipment Certificate;

–   Cargo Ship Safety Radiotelegraphy Certificate;

–   Cargo Ship Safety Radiotelephony Certificate;

–   Cargo Ship Safety Radio Certificate;

–   Exemption certificate, including, where appropriate, the list of cargoes;

–   Cargo Ship Safety Certificate.

3.   International Ship Security Certificate (ISSC).

4.   Continuous Synopsis Record.

5.    International Certificate of Fitness for Carriage of Liquefied Gases in Bulk;

–   Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

6.    International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;

–   Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.

7.    International Oil Pollution Prevention Certificate.

8.    International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.

9.    International Load Line Certificate (1966);

–   International Load Line Exemption Certificate.

10.    Oil record book, parts I and II.

11.    Cargo record book.

12.    Minimum Safe Manning Document.

13.    Certificates or any other documents issued in accordance with the STCW Convention.

14.    Medical certificates, (see ILO Convention No. 73 concerning Medical Examination of Seafarers).

15.   Table of shipboard working arrangements (ILO Convention No. 180 and STCW 95).

16.   Records of hours of work and rest of seafarers (ILO Convention No. 180).

17.    Stability information.

18.    Copy of the Document of Compliance and the Safety Management Certificate issued, in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (SOLAS 74, Chapter IX).

19 .   Certificates as to the ship's hull strength and machinery installations issued by the recognised organisation in question (only to be required if the ship maintains its class with a recognised organisation).

20.    Document of compliance with the special requirements for ships carrying dangerous goods.

21.    High speed craft safety certificate and permit to operate high speed craft.

22 .   Dangerous goods special list or manifest, or detailed stowage plan.

23 .   Ship's log book with respect to the records of tests and drills, including security drills, and the log for records of inspection and maintenance of lifesaving appliances and arrangements and of fire fighting appliances and arrangements.

24 .   Special purpose ship safety certificate.

25 .   Mobile offshore drilling unit safety certificate.

26 .   For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage.

27 .   The muster list, fire control plan, and for passenger ships, a damage control plan.

28 .   Shipboard oil pollution emergency plan.

29 .   Survey report files (in case of bulk carriers and oil tankers).

30 .   Reports of previous port State control inspections.

31 .   For ro-ro passenger ships, information on the A/A-maximum ratio.

32 .   Document of authorisation for the carriage of grain.

33 .   Cargo securing manual.

34 .   Garbage management plan and garbage record book.

35 .   Decision support system for masters of passenger ships.

36 .   Search and rescue ( SAR) cooperation plan for passenger ships trading on fixed routes.

37 .   List of operational limitations for passenger ships.

38 .   Bulk carrier booklet.

39 .   Loading and unloading plan for bulk carriers.

40 .   Certificate of insurance or any other financial security in respect of civil liability for oil pollution damage (International Convention on Civil Liability for Oil Pollution Damage, 1992).

41.   Certificates required under Directive 2007 /.../EC of the European Parliament and of the Council of ... [on the civil liability and financial guarantees of shipowners](18) .

42.   Certificate required under Regulation (EC) No. .../2007 of the European Parliament and of the Council of ... [on the liability of carriers of passengers by sea and inland waterways in the event of accidents]+ .

ANNEX V

EXAMPLES OF " CLEAR GROUNDS" FOR A MORE DETAILED INSPECTION

(as referred to in Article 12(3) )

1.   Ships identified in Annex I part II, section 2 .

2.   The oil record book has not been properly kept.

3.   During examination of the certificates and other documentation, inaccuracies have been revealed.

4.   Indications that the crew members are unable to comply with the requirements related to on-board communication set out in Article 17 of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (19) .

5.   A certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued,

6.   The ship has a master, officer or rating holding a certificate issued by a country which has not ratified the STCW Convention.

7.    Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas main supply to the cargo tanks is above the prescribed maximum level.

8.    Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.

9.    Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon the ship.

10.    The emission of false distress alerts not followed by proper cancellation procedures.

11.    The absence of principal equipment or arrangements required by the conventions.

12.    Excessively unsanitary conditions on board the ship.

13.    Evidence from the inspector's general impression and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural, watertight or weathertight integrity of the ship.

14.    Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of ships or the prevention of pollution, or that such operations have not been carried out.

15.   The absence of a table of shipboard working arrangements or of records of hours of work or rest of seafarers.

ANNEX VI

PROCEDURES FOR THE CONTROL OF SHIPS

1.   Principles of safe manning (IMO Resolution A.890(21) as amended).

2.   The provisions of the International Maritime Dangerous Goods Code.

3.   ILO publication "Inspection of Labour Conditions on Board Ship: Guidelines for procedures" .

4.   Annex I, " Port State Control Procedures" to the Paris MOU and the relevant instructions or guidelines issued by the Paris MOU.

5.   IMO Resolution MSC.159(78) (adopted on 21 May 2004) "Interim guidance on control and compliance measures to enhance maritime security".

ANNEX VII

Procedures for the control of ships on security aspects

A.   Prior to boarding.

1.   This guidance applies only to ships mentioned in Articles 3(1) and 3(2) and, where appropriate, 3(3) of Regulation (EC) No. 725/2004, as long as they do not fly the flag of the port state of inspection.

2.   Inspectors should be aware of the security level of the port facility at which a ship is to be inspected.

3.   Reports or complaints relating to security received by inspectors prior to boarding the ship should be passed to the competent authority for maritime security(20) who will decide on priority for security inspection by an Officer Duly Authorised for Security.

4.   While the master of a ship has discretion for ship security, he is not entitled to deny access to a duly authorised inspector to carry out an inspection. There may be cases when it is mandatory to carry out a port State control inspection but the master attempts to limit the inspection on grounds of security. If the inspector considers this to be unreasonable he should consult the competent security authority.

5.   Inspectors should be aware that on a ship at security level 3 the protective measures set up may restrict the scope of the "safety" port State control inspection.

For example a full emergency drill may not be allowed. There may also be circumstances where the competent security authority restricts port State control activity.

B.   Initial inspection

During the initial inspection the inspector should:

   1. while approaching and boarding the ship and moving around the ship take note of security aspects as defined in the relevant guidelines of the Paris MOU, taking into account the security level imposed by the port and ship. Inspectors are not required to test the security system and should only consider those aspects which arise during the course of their normal business on board;
   2. check that the International Ship Security Certificate (ISSC) or the Interim ISSC is on board, valid and has been issued by the ship's Administration, an organisation authorised by it or by another State at the request of the Administration;
   3. ask the master with which security level the ship is complying and confirm that this is at least the level imposed by the port;
   4. when checking other documentation ask for evidence that security drills have been carried out at appropriate intervals – at least every 3 months but also after certain crew changes - (ISPS Code Part A section 13 and Part B paragraphs 13.6 and 13.7) and seek information on any exercise involving the ship;
  5. check the records of the last 10 calls at port facilities including any ship/port or ship/ship interfaces which should include for each interface:
   security level at which ship operated - any special or additional security measures that were taken,
   that appropriate ship security measures were maintained during any ship/ship activity.
   6. assess whether key members of the ship's personnel are able to communicate effectively with each other.

C.   Clear grounds

1.  The inspector may establish clear grounds for further control measures on security during the initial PSC inspection as follows:

   1.1. ISSC is not valid or it has expired
   1.2. The ship is at a lower security level than the port
   1.3. Drills related to the security of the ship have not been carried out
   1.4. Records for the last 10 ship/port or ship/ship interfaces are incomplete
   1.5. Evidence or observation that key members of ship's personnel cannot communicate with each other
   1.6. Evidence from observations that serious deficiencies exist in security arrangements
   1.7. Information from third parties such as a report or a complaint concerning security related information
   1.8. The ship holds a subsequent, consecutively issued Interim ISSC and in the professional judgement of the inspector one of the purposes of the ship or company in requesting such a certificate is to avoid full compliance with SOLAS 74 Chapter XI-2 and part A of the ISPS Code, beyond the period of the initial Interim Certificate. ISPS Code Part A specifies the circumstances when an Interim Certificate may be issued.

2.   If clear grounds as described above are established the inspector will immediately inform the competent security authority (unless the inspector is also a Officer Duly Authorised for Security). The competent security authority will then decide on what further control measures are necessary taking into account the security level in accordance with Regulation 9 of SOLAS 74 Chapter XI.

3.   Clear grounds other than those above are a matter for the Officer Duly Authorised for Security.

D.   Further control measures

1.   If there is no valid ISSC or Interim ISSC onboard, the inspector will detain the ship and apply the detention procedure in Annex XI of this Directive.

2.   All other control measures will be decided by the competent security authority. These are listed in SOLAS 74 Chapter XI-2.

3.   Subject to applicable requirements in Community legislation, national legislation and arrangements the competent security authority may request the inspector to make further verifications before coming to a decision or until Officers Duly Authorised for Security can board the ship.

These verifications should be limited to:

   a) verifying that a security plan is on board and that a ship security officer (SSO) is on board;
   b) verifying that the master and ship's personnel, in particular the SSO, duty officer and person(s) controlling access, are familiar with essential shipboard security procedures;
   c) verifying that communication has been established between the SSO and the Port Facility Security Officer;
  d) verifying that records exist for maintaining the ship's security system including:
   internal audits and reviews of security activities,
   periodic review of the ship security assessment,
   periodic review of the ship security plan,
   implementation of any amendments to the ship security plan,
   maintenance, calibration and testing of any security equipment provided on board including testing of the ship security alert system;
  e) checking records of any:
   security threats,
   breaches of security,
   changes in security levels,
   communications relating to the direct security of the ship.

4.   Where the only means to verify or rectify the non compliance is to review the relevant requirements of the ship security plan, limited access to specific sections of the plan relating to the non compliance is exceptionally allowed, but only with the consent of the flag State, or the master, of the ship concerned. These specific sections are listed in Part A of the ISPS Code.

5.   Some provisions of the plan relating to certain confidential information cannot be subject to inspection unless agreed by the flag State concerned.

These specific sections are listed in Part A of the ISPS Code.

6.   If the competent security takes further control actions which limit the scope of or prevent the completion of the "safety" port state control inspection the inspector should liaise with the competent security authority and endeavour to complete the safety inspection when the ship has been cleared. The principle of not unduly delaying a ship still applies. However the fact that security breaches have been found would normally justify the inspector completing the initial safety inspection or continuing where clear grounds for a more detailed inspection of non-security aspects have been found.

7.   If the competent security authority decides to expel the ship the inspector should ensure that the competent security authority is made fully aware of the possible safety and/or environmental consequences of the ship leaving the berth and/or putting to sea. This may include risks arising from the interruption of cargo operations. The competent security authority should decide on the necessary action taking account of all risks.

8.   If a ship is detained on non-security grounds but then expelled before the ship is finally released, the detention will count towards a refusal of access in accordance with Article 15 .

ANNEX VIII

PROCEDURES FOR EXPANDED INSPECTIONS OF SHIPS

(as referred to in Article 13

PROCEDURES RELATING TO EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS

Subject to their practical feasibility or any constraints relating to the safety of persons, the ship or the port, the following items at least must be part of an expanded inspection. Inspectors must be aware that it may jeopardise the safe execution of certain on-board operations, e.g. cargo handling, if tests having a direct effect thereon are required to be carried out during such operations.

1.    SHIPS IN GENERAL

   Simulated main power failure (black-out test),
   inspection of emergency lighting,
   operation of emergency fire-pump with two fire hoses connected to the fire main-line,
   operation of bilge pumps,
   closing of watertight doors,
   lowering of one lifeboat to the water,
   test of remote emergency stop for, e.g., boilers, ventilation and fuel pumps,
   testing of steering gear including auxiliary steering gear,
   inspection of emergency source of power to radio installations,
   inspection and, as far as, test of engine room separator.

2.   GAS AND CHEMICAL TANKERS

In addition to the items listed under point 1, the following items are to be considered as part of the expanded inspection for gas and chemical tankers:

   cargo tank monitoring and safety devices relating to temperature, pressure and ullage,
   oxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried,
   cabin escape sets giving suitable respiratory and eye protection for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable),
   check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable,
   the fixed fire-fighting installations on deck, whether they be foam or dry chemical or other as required by the product carried.
   3. BULK CARRIERS

In addition to the items listed under point 1, the following items are to be considered as part of the expanded inspection for bulk carriers:

   possible corrosion of deck machinery mountings,
   possible deformation and/or corrosion of hatch covers,
   possible cracks or local corrosion in transverse bulkheads,
   access to cargo holds,
   verification that the following documents are on board, review them and confirm that the flag State or classification society has endorsed them:
   1) reports of structural surveys,
   2) condition evaluation reports,
   3) thickness measurement reports,
   4) descriptive document referred to by IMO resolution A.744(18).
   4. OIL TANKERS

In addition to the items listed under point 1, the following items are to be considered as part of an expanded inspection of oil tankers:

   fixed deck foam system,
   fire-fighting equipment in general,
   inspection of fire dampers in engine room, pump room and accommodation,
   control of pressure of inert gas and oxygen content thereof,
   ballast tanks: at least one of the ballast tanks within the cargo area to be examined from tank manhole/deck access in first instance and entered if inspector establishes clear ground for further inspection,
   verification that the following documents are on board, review them and confirm that the flag State or classification society has endorsed them:
   1) reports of structural surveys,
   2) condition evaluation reports,
   3) thickness measurement reports,
   4) descriptive document referred to by IMO resolution A.744(18).
   5. PASSENGER SHIPS NOT COVERED BY DIRECTIVE 1999/35/EC

In addition to the items listed under point 1, the following items may also be considered as part of the expanded inspection for passenger ships:

   testing of fire detection and alarm system,
   testing of proper closing of fire doors,
   test of public address system,
   fire drill where, as a minimum, all sets of firemen's outfits must be demonstrated and part of the catering crew take part,
   demonstration that key crew members are acquainted with the damage control plan.

If deemed appropriate, the inspection may be continued while the ship is on passage to or from the port in the Member State, with the consent of the ship's master or the operator. Inspectors must not obstruct the operation of the ship, nor must they induce situations that, in the master's judgement, could endanger the safety of the passengers, the crew and the ship.

ANNEX IX

PROVISIONS CONCERNING REFUSAL OF ACCESS TO COMMUNITY PORTS

(as referred to in Article 15 )

A.   CRITERIA FOR REFUSAL OF ACCESS (as referred to in Article 15 (1))

1.   The refusal of access is applicable to any ship flying the flag of a State whose detention rate falls into the black list or grey list as defined by the Paris MOU which has been detained or issued with a prevention of operation order under Council Directive 99/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a State signatory of the MOU.

2.   For the purposes of paragraph 1, the list defined by the Paris MOU shall enter into force as from 1 July each year.

B.   PROCEDURES RELATING TO REFUSAL OF ACCESS TO COMMUNITY PORTS (as referred to in Article 15 ( 2 ))

1.   If the conditions described in Point A are met, the competent authority of the port or anchorage in which the ship is detained for the third time shall inform the master of the ship in writing that a refusal of access order will be issued which will become applicable immediately after the ship has left the port or anchorage. The refusal of access order shall become applicable immediately after the ship has left the port or anchorage after the deficiencies leading to the detention have been remedied. 

2.   The competent authority shall send a copy of the order of refusal of access to the flag State administration, the recognised organisation concerned, the other Member States, and the other signatories to the MOU, the Commission and the Paris MOU Secretariat. The competent authority shall also update the inspection database with information on the refusal of access without delay.

3.   The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 4 to 10 are met.

If the ship is subject to a second refusal of access, the period shall be of twelve months. Any subsequent detention in a port of the Community shall result in the ship being permanently refused access in any port or anchorage within the Community.

4.    In order to have the access refusal order lifted, the owner or the operator must address a formal request to the competent authority of the Member State that imposed the access refusal order. This request must be accompanied by a document from the flag State administration issued following an on-board visit by a surveyor duly authorised by the flag State administration, showing that the ship fully conforms to the applicable provisions of the international C onventions. The flag State administration shall provide evidence to the competent authority that a visit on board has taken place.

5.    The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a document from the classification society which has the ship in class following an on-board visit by a surveyor from the classification society, showing that the ship conforms to the class standards stipulated by that society. The classification society shall provide evidence to the competent authority that a visit on board has taken place. 

6.    The access refusal order may be lifted only, after the period of three months referred to in paragraph 3 above has elapsed and following a re-inspection of the ship at an agreed port or anchorage.

If the agreed port or anchorage is located in a Member State, the competent authority of that State may, at the request of the competent authority which issued the access refusal order, authorise the ship to enter the agreed port in order to carry out the re-inspection. In such cases, no cargo operations shall take place at the port until the refusal of access order has been lifted. 

7.   If the detention which led to the issue of a refusal of access order included deficiencies in the ship's structure, the competent authority which issued the refusal of access order may require that certain spaces, including cargo spaces and tanks, are made available for examination during the re-inspection.

8.   The re-inspection shall be carried out by the competent authority of the Member State that imposed the refusal of access order, or by the competent authority of the port of destination with the agreement of the competent authority of the Member State that imposed the refusal of access order. The competent authority may require up to 14 days notice for the re-inspection. Evidence shall be provided to the satisfaction of this Member State that the ship fully complies with the applicable requirements of the International Conventions.

9.    The re-inspection shall consist of an expanded inspection that must cover at least the relevant items of Annex VIII .

10 .   All costs of this expanded inspection will be borne by the owner or the operator.

11.    If the results of the expanded inspection satisfy the Member State in accordance with Annex VIII , the access refusal order must be lifted and the company of the ship informed thereof in writing.

12.    The competent authority shall also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the other signatories to the Paris MOU, the Commission and the Paris MOU Secretariat. The competent authority must also update the inspection database with information on the removal of the access without delay. 

13.   Information relating to ships that have been refused access to Community ports must be made available in the inspection database and published in conformity with the provisions of Article 25 and of Annex XIII .

ANNEX X

INSPECTION REPORT

(as referred to in Article 16 )

The inspection report must contain at least the following items.

I.    General

1.   Competent authority that wrote the report

2.   Date and place of inspection

3.   Name of the ship inspected

4.   Flag

5.   Type of ship (as indicated in the Safety Management Certificate) 

6.   IMO number

7.   Call sign

8.   Tonnage (gt)

9.   Deadweight tonnage (where relevant)

10.   Year of construction as determined on the basis of the date indicated in the ship's safety certificates

11.   The recognised organisation or recognised organisations, where relevant, which has/have issued to this ship the class certificates, if any

12.   The recognised organisation or recognised organisations and/or any other party which has/have issued to this ship certificates in accordance with the applicable conventions on behalf of the flag State

13.   Name and address of the ship's company or the operator

14.   Name and address of the charterer responsible for the selection of the ship and type of charter in the case of ships carrying liquid or solid cargoes in bulk

15.   Final date of writing the inspection report

16.   Indication that detailed information on an inspection or a detention may be subject to publication

II.    Information relating to inspection

1.   Certificates issued in application of the relevant international conventions, authority or organisation that issued the certificate(s) in question, including the date of issue and expiry

2.   Parts or elements of the ship that were inspected (in the case of more detailed or expanded inspection)

3.   Port and date of the last intermediate or annual survey and the name of the organisation which carried out the survey

4.    Type of inspection (inspection, more detailed inspection, expanded inspection)

5.    Nature of the deficiencies

6.    Measures taken

III.   Additional information in the event of detention

1.   Date of detention order

2.   Date of lifting the detention order

3.   Nature of the deficiencies warranting the detention order (references to Conventions, if relevant)

4.    Indication, where relevant, of whether the classification society or any other private body that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention

5.    Measures taken

ANNEX XI

CRITERIA FOR DETENTION OF A SHIP

(as referred to in Article 18 (4) )

Introduction

Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in points 1 and 2.

Point 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 18(4)).

Where the ground for detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order shall be issued, provided that:

   a) due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate;
   b) prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State administration;
   c) appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and
   d) the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.

1.   Main criteria

When exercising his professional judgement as to whether or not a ship should be detained the inspector must apply the following criteria:

Timing:

Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.

Criterion:

The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.

The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.

2.    Application of main criteria

When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether:

   1. the ship has relevant, valid documentation;
   2. the ship has the crew required in the Minimum Safe Manning Document.

During inspection the inspector must further assess whether the ship and/or crew is able to:

   3. navigate safely throughout the forthcoming voyage;
   4. safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;
   5. operate the engine room safely throughout the forthcoming voyage;
   6. maintain proper propulsion and steering throughout the forthcoming voyage;
   7. fight fires effectively in any part of the ship if necessary during the forthcoming voyage;
   8. abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;
   9. prevent pollution of the environment throughout the forthcoming voyage;
   10. maintain adequate stability throughout the forthcoming voyage;
   11. maintain adequate watertight integrity throughout the forthcoming voyage;
   12. communicate in distress situations if necessary during the forthcoming voyage;
   13. provide safe and healthy conditions on board throughout the forthcoming voyage;
   14. provide the maximum of information in case of accident.

If the answer to any of these assessments is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.

3.   To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or codes, which are considered of such a serious nature that they may warrant the detention of the ship involved. This list is not intended to be exhaustive.

3.1.    General

The lack of valid certificates and documents as required by the relevant instruments. However, ships flying the flag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument, are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the "no more favourable treatment" clause, substantial compliance with the provisions is required before the ship sails.

3.2.    Areas under the SOLAS 74 Convention

1.   Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.

2.   Insufficient cleanliness of engine room, excessive amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.

3.   Failure of the proper operation of emergency generator, lighting, batteries and switches.

4.   Failure of the proper operation of the main and auxiliary steering gear.

5.   Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements.

6.   Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.

7.   Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.

8.   Absence, non-compliance or serious deterioration of lights, shapes or sound signals.

9.   Absence or failure of the proper operation of the radio equipment for distress and safety communication.

10.   Absence or failure of the proper operation of navigation equipment, taking the provisions of SOLAS 74 Regulation V/16.2 into account.

11.   Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that a type approved electronic chart display and information system (ECDIS) operating on official data may be used as a substitute for the charts.

12.   Absence of non-sparking exhaust ventilation for cargo pump rooms.

13.   Serious deficiency in the operational requirements, as described in Section 5.5 of Annex 1 to the Paris MOU.

14.   Number, composition or certification of crew not corresponding with the safe manning document.

15.   Failure to carry out the enhanced survey programme in accordance with SOLAS 74, Chapter XI, Regulation 2.

3.3.    Areas under the IBC Code

1.   Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.

2.   Missing or damaged high-pressure safety devices.

3.   Electrical installations not intrinsically safe or not corresponding to code requirements.

4.   Sources of ignition in hazardous locations.

5.   Contraventions of special requirements.

6.   Exceeding of maximum allowable cargo quantity per tank.

7.   Insufficient heat protection for sensitive products.

3.4.    Areas under the IGC Code

1.   Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.

2.   Missing closing devices for accommodation or service spaces.

3.   Bulkhead not gastight.

4.   Defective air locks.

5.   Missing or defective quick-closing valves.

6.   Missing or defective safety valves.

7.   Electrical installations not intrinsically safe or not corresponding to code requirements.

8.   Ventilators in cargo area not operable.

9.   Pressure alarms for cargo tanks not operable.

10.   Gas detection plant and/or toxic gas detection plant defective.

11.   Transport of substances to be inhibited without valid inhibitor certificate.

3.5.    Areas under the Load Lines Convention

1.   Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.

2.   A recognised case of insufficient stability.

3.   The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided.

4.   Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.

5.   Overloading.

6.   Absence of draft mark or draft mark impossible to read.

3.6.    Areas under the Marpol Convention, Annex I

1.   Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.

2.   Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.

3.   Oil Record Book not available.

4.   Unauthorised discharge bypass fitted.

5.   Survey report file missing or not in conformity with Regulation 13G(3)(b) of the Marpol Convention.

3.7.    Areas under the Marpol Convention, Annex II

1.   Absence of the P&A Manual.

2.   Cargo is not categorised.

3.   No cargo record book available.

4.   Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate.

5.   Unauthorised discharge bypass fitted.

3.8.    Areas under the Marpol Convention, Annex V

1.   Absence of the garbage management plan.

2.   No garbage record book available.

3.   Ship's personnel not familiar with disposal/discharge requirements of garbage management plan.

   3.9. Areas under the STCW Convention and Directive 2001/25/EC  

1.   Failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the flag State administration.

2.   Evidence that a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued. 

3.    Failure to comply with the applicable safe manning requirements of the flag state administration.

4.    Failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the flag State administration.

5.    Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution.

6.    Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.

7.    Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.

3.10.    Areas under the ILO Conventions

1.   Insufficient food for voyage to next port.

2.   Insufficient potable water for voyage to next port.

3.   Excessively unsanitary conditions on board.

4.   No heating in accommodation of a ship operating in areas where temperatures may be excessively low.

5.   Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.

6.   Clear evidence that watch keeping and other duty personnel for the first watch or subsequent relieving watches are impaired by fatigue.

3.11.    Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended

Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.

ANNEX XII

MINIMUM CRITERIA FOR INSPECTORS

(as referred to in Article 21 (1) and (5)) 

1.   Inspectors must have appropriate theoretical knowledge and practical experience of ships and their operation. They must be competent in the enforcement of the requirements of international Conventions and of the relevant port State control procedures. This knowledge and competence in enforcing international and Community requirements must be acquired through documented training programmes including examination and revalidation at intervals specified in Article 21 .

2.  Inspectors must, as a minimum, have e ither:

   a) appropriate qualifications from a marine or nautical institution and relevant seagoing experience as a certificated ship officer holding or having held a valid STCW II/2 or III/2 certificate of competency; or
   b) passed an examination recognised by the competent Authority as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years; or
   c) a relevant university degree or equivalent and have trained and qualified at a school for ship safety inspectors. 

3.    The inspector must have completed a minimum of one year's service as a flag-State inspector dealing with surveys and certification in accordance with the Conventions.

4.    The inspectors mentioned under 2(a) must have served for a period of not less than five years at sea as officers in the deck- or engine-department respectively.

5.    The inspectors must have the a bility to communicate orally and in writing with seafarers in the language most commonly spoken at sea.

6.    Inspectors not fulfilling the above criteria are also accepted if they are employed by the competent authority of a Member State for port State control at the date of adoption of this Directive.

7.  Where in a Member State inspections are performed by port State control inspectors; those inspectors shall have appropriate qualifications, which shall include sufficient theoretical and practical experience in maritime security. This shall normally include:

   a) a good understanding of maritime security and how it is applied to the operations being examined;
   b) a good working knowledge of security technologies and techniques;
   c) a knowledge of inspection principles, procedures and techniques;
   d) a working knowledge of the operations being examined.

ANNEX XIII

Publication of information related to inspections, detentions and refusals of access in ports of Member States

(as referred to in Article 25 (1) )

1.   Members States shall publish the information listed in paragraphs 3.1 and 3.2 below in a public website within 72 hours after the inspection has been completed or the detention has been lifted or the refusal of access has been imposed.

2.   The Commission shall publish regularly in a website the information relating to ships that have been refused access to Community ports in application of Articles 15 and 20 .

3.   Information published in accordance with Article 25 (1) must include the following:

   a) name of the ship,
   (b) IMO number,
   c) type of ship,
   d) tonnage (gt),
   e) year of construction as determined on the basis of the date indicated in the ship's safety certificates,
   f) name and address of the company of the ship,
   g) in the case of ships carrying liquid or solid cargoes in bulk, the name and address of the charterer responsible for the selection of the ship and the type of charter,
   h) flag State,
   i) class and statutory certificates issued in accordance with the relevant international Conventions, and the authority or organisation that issued each one of the certificates in question, including the date of issue and expiry,
   j) port and date of the last intermediate or annual survey for the certificates in point (i) above and the name of the authority or organisation which carried out the survey,
   k) date, country port or anchorage of detention.

4.   For ships which have been detained, information published in accordance with Article 19 must also include:

   a) number of detentions during the previous 36 months,
   b) date when the detention was lifted, 
   c) duration of detention, in days, 
   d) the reasons for detention, in clear and explicit terms, 
   e) indication, where relevant, of whether the recognised organisation that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention, 
   f) description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard, 
   g) if the ship has been refused access to any port within the Community, the reasons for the measure in clear and explicit terms.  

ANNEX XIV

Data provided in the context of monitoring implementation

(as referred to in Article 28

1.   Every year Member States must provide the Commission with the following data for the preceding year by 1 July at the latest.

1.1.   Number of inspectors acting on their behalf in the framework of port State control

This information must be communicated to the Commission using the following model table.1 2  

Port/area

Number of full-time inspectors

 (A) 

number of part-time inspectors

 (B) 

Conversion of (B)  to full-time

 (C) 

 Total 

 (A+C) 

Port X …

Port Y …

TOTAL

1 Where the inspections carried out in the context of port State control represent only part of the inspectors" work, the total number of inspectors must be converted to a number equivalent to full-time inspectors. Where the same inspector works in more than one port or geographical area the applicable part-time equivalent must be counted in each port.

2 This information must be provided at national level and for each port of the Member State concerned. For the purposes of this Annex, a port is taken to mean an individual port and the geographical area covered by an inspector or team of inspectors, comprising several individual ports where appropriate.

1.2.   Total number of individual ships that entered their ports at national level. The figure shall be the number of foreign ships covered by the Directive that entered their ports at national level counted only once. 

2.  Member States must:

   a) provide the Commission every three months with a list of movements of individual ships, other than regular passenger and freight ferry services, that entered their ports or which have notified to a port authority their arrival in an anchorage, containing for each movement of the ship its IMO number, its date of arrival and the port or anchorage. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. The list shall be provided within 4 months from the end of the period to which data pertained, 
and
   b) provide the Commission with separate lists of regular passenger ferry services and regular freight ferry services referred to in point (a), not later than six months following the implementation of this Directive, and thereafter each time changes take place in such services. The list shall contain for each ship its IMO number, its name and the route covered by the ship. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. 

ANNEX XV

Part A

Repealed Directive with its successive amendments

(as referred to in Article 35 )

Council Directive 95/21/EC

(OJ L 157, 7.7.1995, p. 1)

Council Directive 98/25/EC

(OJ L 133, 7.5.1998, p. 19)

Commission Directive 98/42/EC

(OJ L 184, 27.6.1998, p. 40)

Commission Directive 1999/97/EC

(OJ L 331, 23.12.1999, p. 67)

Directive 2001/106/EC of the European Parliament and of the Council

(OJ L 19, 22.1.2002, p. 17)

Directive 2002/84/EC of the European Parliament and of the Council

(OJ L 324, 29.11.2002, p. 53)

Only Article 4

Part B

LIST OF TIME-LIMITS FOR TRANSPOSITION INTO NATIONAL LAW

(as referred to in Article 35 )

Directive

Time-limit for transposition

Directive 95/21/EC

30 June 1996

Directive 98/25/EC

30 June 1998

Directive 98/42/EC

30 September 1998

Directive 1999/97/EC

13 December 2000

Directive 2001/106/EC

22 July 2003(21)

Directive 2002/84/EC

23 November 2003

ANNEX XVI

CORRELATION TABLE

Directive 95/21/EC

This Directive

Article 1, introductory words

Article 1, introductory words

Article 1, first indent

Article 1(a)

Article 1, second indent

Article 1(b)

Article 2, introductory words

Article 2, introductory words

Article 2(1), introductory words

Article 2(1), introductory words

Article 2(1), first indent

Article 2(1)(a)

Article 2(1), second indent

Article 2(1)(b)

Article 2(1), third indent

Article 2(1)(c)

Article 2(1), fourth indent

Article 2(1)(d)

Article 2(1), fifth indent

Article 2(1)(e)

Article 2(1), sixth indent

Article 2(1)(f)

Article 2(1), seventh indent

Article 2(1)(g)

Article 2(1), eighth indent

Article 2(1)(h)

Article 2(2)

Article 2(2)

-

Article 2(5 )

Article 2(3)

Article 2(6 )

Article 2(4)

Article 2(8 )

-

Article 2(9 )

Article 2(5)

Article 2(10 )

-

Article 2(11 )

-

-

Article 2(6)

Article 2(13 )

Article 2(7)

Article 2(14 )

Article 2(8)

-

-

Article 2(16 )

Article 2(9)

Article 2(17 )

-

Article 2(18 )

Article 2(10)

-

-

Article 2(20 )

-

Article 2(21 )

-

Article 2(22 )

Article 3(1)

Article 3(1)

-

Article 4(1)

Article 4

Article 4(2), first subparagraph

-

-

-

-

Article 5(1)

-

-

-

Article 5(2) to 5(5)

-

-

Article 8

Article 6

Article 12

Article 7(1) and (2)

-

Article 7(3)(a)

-

Article 7(3)(b)

-

Article 7(4), first subparagraph

-

Article 7(4), second subparagraph

-

Article 7(5)

-

Article 7(6)

-

Article 7a(1)

-

Article 7a(2)

-

-

-

Article 7a(3) to (5)

-

Article 7b(1) and (2)

-

Article 7b(3)

-

Article 8

Article 16

-

Article 17

Article 9(1) and (2)

Article 18(1) and (2)

-

Article 18(3)

Article 9(3) to (7)

Article 18(4) to (8)

-

Article 18(9)

Article 9a

-

Article 10(1) to (3)

-

-

Article 19(4)

Article 11(1)

Article 20(1)

-

Article 20(2)

Article 11(2)

Article 20(3), first subparagraph

Article 11(3) first subparagraph

-

Article 11(3) second subparagraph

Article 20(3), second subparagraph

Article 11(4) to (6)

Article 20(4) to (6)

Article 12(1) to (3)

Article 21(1) to (3)

Article 12(4) first subparagraph

Article 21(4), first subparagraph

Article 12(4) second subparagraph

-

-

Article 21(5) to (7)

Article 13(1)

Article 22(1)

Article 13(2)

Article 22(2)

-

Article 22(3)

Article 14(1)

Article 23(1)

Article 14(2) first subparagraph

Article 23(2) , first subparagraph

-

Article 23(2) , second subparagraph

Article 14(2) second subparagraph

Article 23(2) , third subparagraph

Article 14(3)

Article 23(3)

Article 15(1)

Article 25(1)

Article 15(2) to (4)

-

Article 15(5)

Article 25(2)

-

Article 26

Article 16(1) and (2)

Article 27(1) and (2)

Article 16(2a)

Article 27(3)

Article 16(3)

Article 27(4)

Article 17

Article 28(1)

-

Article 28(2)

-

Article 29

Article 18

Article 30

Article 19

Article 31

Article 19a

Article 32

Article 3 Directive 2001/106/EC

Article 33

Article 20

Article 34

-

Article 35

Article 21

Article 36

Article 22

Article 37

Annex I

-

-

Annex I

-

Annex III

Annex II

Annex IV

Annex III

Annex V

Annex IV

Annex VI

-

Annex VII

Annex V

Annex VIII

Annex VI

Annex XI

Annex VII

Annex XII

Annex VIII

Annex XIII

Annex IX

Annex X

Annex X

Annex XIV

Annex XI

Annex IX

Annex XII

-

-

Annex XV

-

Annex XVI

(1) Not yet published in OJ.
(2)1 OJ C 318, 23.12.2006, p. 195.
(3)2 OJ C 229, 22.9.2006, p. 38.
(4)3 Position of the European Parliament of 25 April 2007.
(5)4 OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(6) 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) .
(7) OJ L 138, 1.6.1999, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(8) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(9) OJ C 321, 31.12.2003, p. 1.
(10) OJ L 129, 29.4.2004, p. 6.
(11) OJ L 208, 5.8.2002, p. 10.
(12) OJ L 196, 7.8.1996, p. 8.
(13) OJ L 332, 28.12.2000, p. 81. Directive as amended by Directive 2002/84/EC ( OJ L 324, 29.11.2002, p. 53).
(14) 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).
(15)* Date of entry into force of this Directive.
(16)* Date of entry into force of this Directive.
(17) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(18)+ OJ: Please insert number.
(19) OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive 2005/45/EC (OJ L 255, 30.9.2005, p. 160).
(20) The Authority designated by the State for the application of security measures.
(21) Under Article 3 of Directive 2001/106/EC, the Commission shall review the implementation of this Directive no later than 22 July 2006. The review will examine, inter alia, the number of port State control inspectors in each Member State and the number of inspections carried out, including mandatory expanded inspections. The Commission shall communicate the findings of the review to the European Parliament and the Council and shall determine on the basis of the review whether it is necessary to propose an amending Directive or further legislation in this area.


Ship inspection and survey organisations ***I
DOC 206k
Resolution
Consolidated text
European Parliament legislative resolution of 25 April 2007 on the proposal for a directive of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (recast version) (COM(2005)0587 – C6-0038/2006 – 2005/0237(COD) )
P6_TA(2007)0150 A6-0070/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0587 )(1) ,

–   having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0038/2006 ),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0070/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 25 April 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime authorities (recast version)

P6_TC1-COD(2005)0237


(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 Article 80(2) thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations(5) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

(2)   In its resolution of 8 June 1993 on a common policy on safe seas(6) , the Council set the objective of removing all substandard vessels from Community waters and gave priority to Community action designed to secure the effective and uniform implementation of international rules by elaborating common standards for classification societies , defined as ship inspection and survey organisations (hereinafter "recognised organisations") .

(3)   Safety and pollution prevention at sea may be effectively enhanced by strictly applying international conventions, codes and resolutions while furthering the objective of ensuring the freedom to provide services.

(4)   The control of compliance of ships with the uniform international standards for safety and prevention of pollution of the seas is the responsibility of flag and port States.

(5)   Member States are responsible for the issuing of international certificates for safety and the prevention of pollution provided for under conventions such as SOLAS 74, Load Lines 66 and Marpol 73/78, and for the implementation of the provisions of those conventions .

(6)   In compliance with such conventions, all Member States may authorise, to varying degrees, recognised organisations to carry out the certification of such compliance and may delegate the issue of the relevant certificates for safety and the prevention of pollution .

(7)   Worldwide, a large number of the existing recognised organisations do not ensure either adequate implementation of the rules or sufficient reliability when acting on behalf of national authorities as they do not have structures and experience adequate to be relied upon and to enable them to carry out their duties in a highly professional manner.

(8)   Furthermore, these recognised organisations produce and implement rules for the design, construction, maintenance and inspection of ships and are responsible for inspecting ships on behalf of flag States and certifying that those ships meet the requirements of the international conventions for the issue of the relevant certificates. To enable them to carry out those duties in a satisfactory manner they need to be strictly independent and to possess highly specialised technical competences and rigorous quality management.

(9)   Recognised organisations should be able to offer their services throughout the Community and compete with each other while providing equal levels of protection of safety and of the environment. The necessary professional standards for their activities should therefore be uniformly established and applied across the Community.

(10)    This objective should be pursued through measures that adequately tie in with the work of the International Maritime Organisation (IMO) and, where appropriate, build on and complement that work.

(11 )   M inimum criteria for the recognition of organis ations should be established .

(12 )   In order to grant initial recognition to organisations wishing to be authorised to work on behalf of Member States, compliance with the minimum criteria could be assessed more effectively in a harmonised and centralised manner by the Commission together with the Member States requesting the recognition.

(13 )   Recognition should be granted only on the basis of the quality and safety performance of the organisation in question . It should be ensured that the extent of that recognition is at all times in keeping with the actual capacity of the organisation concerned. Recognition should furthermore take into account differences in legal status and corporate structure of recognised organisations while continuing to ensure uniform application of the minimum criteria and the effectiveness of the Community controls.

(14 )   The issue of the Cargo Ship Safety Radio Certificate may be entrusted to private bodies having sufficient expertise and sufficient qualified personnel.

(15 )   A Member State may restrict the number of recognised organisations it authorises in accordance with its needs, based on objective and transparent grounds, subject to control exercised by the Commission in accordance with a committee procedure.

(16 )   Since this Directive ensures freedom to provide services in the Community, the Commission should be entitled to negotiate, with those third countries where some of the recognised organisations are located, equal treatment for recognised organisations domiciled in the Community.

(17 )   A close involvement of national authorities in ship surveys and in the issue of related certificates is necessary in order to ensure full compliance with international safety rules, even where Member States rely upon recognised organisations outside their control to carry out statutory duties. It is appropriate, therefore, to establish a close working relationship between those authorities and recognised organisations authorised by them , which may require that recognised organisations have a local representation on the territory of the Member State on behalf of which they perform their duties.

(18 )   Divergence in financial liability regimes between recognised organisations working on behalf of Member States would impede the proper implementation of this Directive. In order to contribute to solving this problem it is appropriate to bring about a degree of harmonisation at Community level of the liability arising out of any marine casualty caused by a recognised organisation, as decided by a court of law, including the settlement of disputes through arbitration .

(19 )   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 procedures for the exercise of implementing powers conferred on the Commission(7) .

(20)    In particular, the Commission should be empowered to amend this Directive in order to apply subsequent amendments to the international conventions, protocols, codes and resolutions related thereto, to update the criteria set out in Annex I and to adopt criteria for the measurement of the safety and pollution prevention performance of recognised organisations. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia by supplementing it with new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(21 )   The provisions of this Directive, and in particular the minimum criteria and the obligations to be fulfilled by recognised organisations, should be kept up-to-date, taking due account of progress in international fora, in accordance with the committee procedure.

(22 )   It is of the utmost importance that failure by a recognised organisation to fulfil its obligations can be addressed in a prompt, effective and proportionate manner. The primary objective should be to correct any deficiencies with a view to removing any potential threat to safety or the environment at an early stage. The Commission should therefore be given the necessary powers to require that recognised organisations undertake the necessary preventive and remedial action and to impose fines and periodic penalty payments as coercive measures.

(23 )   In accordance with the Community-wide approach, the decision to withdraw the recognition of an organisation which fails to comply with this Directive if the coercive measures prove ineffective or the recognised organisation otherwise presents an unacceptable threat to safety or the environment, has to be taken at Community level, and therefore by the Commission, on the basis of the committee procedure.

(24 )   Member States should nevertheless be left the possibility of suspending authorisation to a recognised organis ation for reasons of serious danger to safety or environment. The Commission should decide urgently in accordance with the committee procedure whether it is necessary to overrule a national measure taken to such effect .

(25 )   Member States should periodically assess the performance of recognised organis ations working on their behalf and provide the Commission and all the other Member States with precise information in relation thereto .

(26 )   The continuous a posteriori monitoring of recognised organisations to assess their compliance with this Directive can be carried out more effectively in a harmonised and centralised manner. Therefore it is appropriate that the Commission, together with Member States that authorise recognised organisations to act on their behalf , be entrusted with this task on behalf of the Community .

(27 )   As part of monitoring the operations of recognised organisations, Community inspectors should have access to ships and ship files regardless of the ship's flag in order to ascertain whether the recognised organisations in question are complying with the minimum criteria laid down in this Directive in respect of all ships in their respective classes .

(28 )   Member States, in their capacity as port authorities, are required to enhance safety and prevention of pollution in Community waters through priority inspection of ships carrying certificates of recognised organisations which do not fulfil the common criteria, thereby ensuring that ships flying the flag of a third State do not receive more favourable treatment.

(29 )   At present there are no uniform international standards to which all ships must conform at the building stage and during their lifetime as regards hull, machinery and electrical and control installations. Such standards may be fixed according to the rules of recognised organisations or to equivalent standards to be decided by the national authorities in accordance with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations(8) .

(30)   The ability of recognised organisations rapidly to identify and correct weaknesses in their rules, processes and internal controls is critical for the safety of the ships they inspect and certify. That ability should be enhanced by means of an independent assessment committee which can propose action for the sustained improvement of all recognised organisations and ensure a fruitful interaction with the Commission.

(31)    The rules and regulations of recognised organisations are a key factor for safety and the prevention of accidents and pollution. The recognised organisations have initiated the process that should lead to harmonisation of their rules and regulations. That process should be encouraged and supported by Community legislation, as it should have a positive impact on maritime safety and the competitiveness of the European shipbuilding industry.

(32 )   Recognised organisations should be obliged to update their technical standards and enforce them consistently in order to harmonise safety rules and ensure uniform implementation of international rules within the Community. Where the technical standards of recognised organisations are identical or very similar, mutual recognition of classification certificates should be considered where possible, taking the most demanding and rigorous certificates as the model .

(33 )   Since transparency and the exchange of information between interested parties, as well as the public right of access to information, are fundamental means of preventing accidents at sea, recognised organisations should provide all the relevant statutory information concerning the conditions of the ships in their class to the port State control authorities and make that information publicly available .

(34 )   In order to prevent ships from changing class to avoid carrying out repairs called for by a recognised organisation in its inspection, prior arrangements should be made for the exchange of all relevant information by recognised organisations among themselves concerning the conditions of ships for which a change of class is sought and for the involvement of the flag State when necessary in that process .

(35 )   The European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council(9) should provide the support necessary to ensure the correct implementation of this Directive.

(36 )   Since the objective of this Directive , namely the adoption of common rules and standards for recognised organisations operating in the Community and for the relevant activities of maritime authorities , cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective .

(37 )   The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with Directive 94/57/EC . The obligation to transpose the provisions which are unchanged arises under that Directive.

(38 )   This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive establishes measures to be followed by the Member States and recognised organisations they have entrusted with the inspection, survey and certification of ships for compliance with the international conventions on safety at sea and prevention of marine pollution, while furthering the objective of freedom to provide services. This process includes the development and implementation of safety requirements for hull, machinery and electrical, radio and control installations of ships falling under the scope of those international conventions.

Article 2

For the purposes of this Directive, the following definitions shall apply:

   ( a ) "international conventions" means the 1974 International Convention for the Safety of Life at Sea (SOLAS), with the exception of chapter XI-2 of the Annex thereto and the International Ship and Port Facility Security Code, the 1966 International Convention on Load Lines and the 1973/1978 International Convention for the Prevention of Pollution from Ships, together with the protocols and amendments to those conventions , and the related codes of mandatory status in all Member States, in their up-to-date versions ;
   ( b ) "ship" means a ship falling within the scope of the international conventions;
   ( c ) "ship flying the flag of a Member State" means a ship registered in and flying the flag of a Member State in accordance with the legislation of that Member State . Ships not falling under the scope of this definition shall be considered to be ships flying the flag of a third country;
   ( d ) "inspections and surveys" means inspections and surveys that are mandatory under the international conventions and under this and other Community legislation concerning maritime safety ;
   e) "recognised organisation" means a legal entity, its subsidiaries and any other entity under its control which jointly or separately carry out tasks falling under the scope of this Directive and which is recognised in accordance with this Directive ;
   f) "control" means, for the purpose of point (e), rights, contracts or any other means, in law or in fact, which, either separately or in combination, confer the possibility of exercising decisive influence over a legal entity or enable that entity to carry out tasks falling under the scope of this Directive ;
   ( g ) "authorisation" means an act whereby a Member State grants an authorisation or delegates powers to a recognised organisation;
   ( h ) "statutory certificate" means a certificate issued by or on behalf of a flag State in accordance with the international conventions;
   ( i ) "rules and regulations" means the requirements laid down and made public by a recognised organisation relating to the design, construction, equipment, maintenance and survey of ships;
   ( j ) "classification certificate" means a document issued by a recognised organisation certifying the fitness of a ship for a particular use or service in accordance with the rules and regulations of that recognised organisation;
   ( k ) "Cargo Ship Safety Radio Certificate " means the certificate introduced by the amended SOLAS 1974/1978 Radio Regulations, adopted by the IMO;
   ( l ) "country of location" refers to the state where the registered office, central administration or principal place of business of a recognised organisation is located .

Article 3

1.   In assuming their responsibilities and obligations under the international conventions, Member States shall ensure that their competent authorities can ensure the appropriate enforcement of the provisions of the international conventions, in particular with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions. Member States shall act in accordance with the relevant provisions of the Annex and the Appendix to IMO Resolution A.847(20) on guidelines to assist flag States in the implementation of IMO instruments.

2.  For the purposes of paragraph 1, Member States may decide with respect to ships flying its flag:

   i) to authoris e recognised organis ations to undertake fully or in part inspections and surveys related to statutory certificates, including those for the assessment of compliance with the rules referred to in Article 19(2), and, where appropriate, to issue or renew the related certificates; or
   ii) to entrust recognised organis ations with the task of undertaking fully or in part the inspections and surveys referred to in point (i).

The competent authority shall in all cases approve the first issue of an exemption certificate .

However, in relation to the Cargo Ship Safety Radio Certificate, these tasks may be entrusted to a private body recognised by a competent authority and with sufficient expertise and sufficient qualified personnel to carry out specified safety assessment work on radio-communication on behalf of that competent authority .

3.   This Article does not concern the certification of specific items of marine equipment.

Article 4

1.    Member States which wish to grant an authorisation to any organisation which is not yet recognised shall submit a request for recognition to the Commission, together with complete information on, and evidence of, compliance with the criteria set out in Annex I and on the requirement and undertaking that that organisation will comply with the requirements set out in Articles 20 and 21.

2.    The Commission, together with the Member States submitting a request, shall carry out assessments of the organisations for which that request was made in order to verify that those organisations meet and undertake to comply with the requirements referred to in paragraph 1 .

Article 5

The Commission shall, in accordance with the regulatory procedure referred to in Article 9(2), refuse to recognise organisations which fail to comply with the criteria set out in Annex I or the requirements of Articles 20 and 21, as referred to in Article 4(1), or whose performance is considered to constitute an unacceptable threat to safety or the environment on the basis of the criteria laid down in accordance with Article 14.

Article 6

1.   Recognition shall be granted by the Commission in accordance with the regulatory procedure referred to in Article 9(2).

2.   Recognition shall be granted to the relevant parent entity in relation to all legal entities that make up the recognised organisation, that recognition being extended to all legal entities in a recognised organisation that contribute to ensuring that the parent entity provides cover for services provided by such legal entities globally.

3.   Recognition may at any time be limited or extended by the Commission, acting in accordance with the regulatory procedure referred to in Article 9(2), as regards certain types of ships, ships of a certain size, certain trades, or a combination thereof in accordance with the proven capacity of the recognised organisation concerned .

4.   The Commission shall draw up and regularly update a list of the organisations recognised in accordance with this Article. This list shall be published in the Official Journal of the European Union .

Article 7

1.   In applying Article 3(2), Member States shall not refuse to authorise a recognised organisation to undertake the functions referred to in that paragraph , subject to the provisions of paragraph 2 of this Article and to Articles 8 and 16. However, Member States may restrict the number of recognised organisations they authorise to carry out those functions in accordance with their needs provided there are transparent and objective grounds for so doing.

At the request of a Member State, the Commission shall, in accordance with the regulatory procedure referred to in Article 9(2), adopt the appropriate measures.

2.   In order for a Member State to accept that a recognised organisation located in a third State is to carry out on its behalf the tasks referred to in Article 3, or part of them, it may require the third State in question to grant reciprocal treatment for those recognised organisations which are located in the Community.

In addition, the Community may request the third State where a recognised organisation is located to grant reciprocal treatment for those recognised organisations which are located in the Community.

Article 8

1.   Member States which make a decision pursuant to Article 3(2) shall set out a working relationship between their competent authority and the recognised organisations acting on their behalf.

2.  The working relationship shall be regulated by a formalised written and non-discriminatory agreement or equivalent legal arrangement setting out the specific duties and functions assumed by the recognised organisations and including at least:

   a) the provisions set out in Appendix II of IMO Resolution A.739(18) on guidelines for the authorisation of organisations acting on behalf of the administration based on the Annex, Appendices and Attachment to IMO MSC/Circular 710 and MEPC/Circular 307 on a model agreement for the authorisation of recognised organisations acting on behalf of the administration.

Accordingly, when a recognised organisation, its inspectors or its technical staff issue the required certificates on behalf of the authority, they shall be subject to the same legal safeguards and the same jurisdictional protection, including the exercise of any rights of defence, as those to which the authority and its members may have had recourse were the authority to have issued the required certificates itself;

  b) the following provisions concerning financial liability:
   i) if liability arising out of any marine casualty is finally and definitely imposed on the authority by a court of law or as part of the settlement of a dispute through arbitration , together with a requirement to compensate the injured parties for loss of or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or the gross negligence of the recognised organisation, its bodies, employees, agents or others who act on its behalf, the authority shall be entitled to financial compensation from the recognised organisation to the extent that that loss, damage, injury or death was , as decided by that court, caused by that recognised organisation;
   ii) if liability arising out of any marine casualty is finally and definitely imposed on the authority by a court of law or as part of the settlement of a dispute through arbitration , together with a requirement to compensate the injured parties for personal injury not resulting in death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on its behalf, the authority shall be entitled to demand financial compensation from that recognised organisation to the extent that that personal injury was , as decided by that court, caused by that recognised organisation; Member States may limit the maximum amount payable by the recognised organisation in such circumstances , which may not , however, be less than EUR 4 000 000 , except where the amount determined in the judgment or settlement is lower, in which case the lower figure shall apply ;
   iii) if liability arising out of any marine casualty is finally and definitely imposed on the authority by a court of law or as part of the settlement of a dispute through arbitration , together with a requirement to compensate the injured parties for loss of or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on its behalf, the authority shall be entitled to demand financial compensation from that recognised organisation to the extent that that loss or damage was , as decided by that court, caused by that recognised organisation; Member States may limit the maximum amount payable by the recognised organisation, which may not , however, be less than EUR 2 000 000 , except where the amount determined in the judgment or settlement is lower, in which case the lower figure shall apply ;
   c) provisions for a periodical audit by the authority or by an impartial external body appointed by the authority of the duties the recognised organisations are undertaking on its behalf, as referred to in Article 16(1);
   d) the possibility for random and detailed inspections of ships;
   e) provisions for the compulsory reporting of essential information about their classed fleet and about changes, suspensions and withdrawals of class, as referred to in Article 20(4) .

3.   The agreement or equivalent legal arrangement referred to in paragraph 2 may require the recognis ed organis ation to have a local representation on the territory of the Member State on behalf of which it performs the tasks referred to in Article 3. A local representation with legal personality under the law of the Member State and subject to the jurisdiction of its courts may satisfy such a requirement.

4.   Member States shall provide the Commission with precise information about the working relationship established in accordance with this Article. The Commission shall subsequently inform the other Member States thereof.

Article 9

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council(10) .

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

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

Article 10

1.  This Directive may, without broadening its scope, be amended in accordance with the regulatory procedure with scrutiny referred to in Article 9(3) in order to:

   a) apply, for the purposes of this Directive, subsequent amendments to the international conventions, protocols, codes and resolutions related thereto which are referred to in Article 2(d), Article 3(1) and Article 8(2) and which have entered into force,
   b) update the criteria in Annex I, taking into account, in particular, the relevant decisions of the IMO,
   c) alter the amounts specified in points (ii) and (iii) of Article 8(2)(b).

2.   Following the adoption of new instruments or protocols to the conventions referred to in Article 2(d), the Council, acting on a proposal from the Commission, shall decide, taking into account the Member States" parliamentary procedures as well as the relevant procedures within the IMO, on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States.

The amendments to the international instruments referred to in Article 2(d) and Article 8 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002.

Article 11

Where the Commission considers that a recognised organisation has failed to fulfil the criteria set out in Annex I or failed to fulfil its obligations under this Directive, or that the safety and pollution prevention performance of a recognised organisation has significantly deteriorated, without constituting , however, an unacceptable threat to safety or the environment, it shall require that recognised organisation to undertake the necessary preventive and remedial action to ensure full compliance with the criteria set out in Annex I and the obligations contained in this Directive, and, in particular, to remove any potential threat to safety or the environment and otherwise address the causes of that deterioration in performance.

The preventive and remedial action may include interim protective measures when the potential threat to safety or the environment is immediate.

However, and without prejudice to their immediate implementation, the Commission must give advance notice of the measures that it intends to take to all Member States which have granted an authorisation to the recognised organisation concerned.

Article 12

1.  In addition to the measures taken under Article 11, the Commission may impose fines on a recognised organisation:

   a) whose repeated or serious failure to fulfil either the criteria set out in Annex I or its obligations under this Directive or whose worsening performance reveals grave shortcomings in its structure, systems, procedures or internal controls; or
   b) which has deliberately provided incorrect, incomplete or misleading information to the Commission in the course of its assessment under Article 16(3) or otherwise obstructed that assessment.

2.   Without prejudice to paragraph 1, where a recognised organisation fails to implement the preventive and remedial action required by the Commission, or incurs unjustified delays, the Commission may impose periodic penalty payments on that recognised organisation until the required action is fully implemented.

3.   The fines and periodic penalty payments referred to in paragraphs 1 and 2 shall be dissuasive and proportionate to both the gravity of the case and the economic capacity of the recognised organisation concerned, taking into account particularly the extent to which safety has been compromised.

These fines and periodic penalty payments shall be imposed only after the recognised organisation and the Member States concerned have been given the opportunity to submit their observations.

The aggregate amount of fines and periodic penalty payments imposed shall not exceed 5 % of the total turnover of the recognised organisation in the preceding business year in respect of activities falling within the scope of this Directive.

Article 13

1.  The Commission shall withdraw the recognition of recognised organisations:

   a) whose repeated and serious failure to fulfil either the criteria set out in Annex I or their obligations under this Directive is such that it constitutes an unacceptable threat to safety or the environment;
   b) whose repeated and serious failure in their safety and pollution prevention performance is such that it constitutes an unacceptable threat to safety or the environment;
   c) which prevent or repeatedly obstruct their assessment by the Commission; or
   d) which fail to pay the fines or periodic penalty payments referred to in Article 12(1) and (2).

2.  The Commission shall take a decision for the purposes of paragraph 1(a) and (b) on the basis of all the available information, including:

   a) the results of its own assessment of the recognised organisation concerned, carried out in accordance with Article 16(3);
   b) reports submitted by Member States in accordance with Article 18;
   c) analyses of casualties involving ships classed by the recognised organisation in question ;
   d) any recurrence of the shortcomings described in Article 12(1)(a) ;
   e) the extent to which the fleet in the recognised organisation's class is affected; and
   f) any ineffectiveness of the measures referred to in Article 12(2).

3.   Withdrawal of recognition shall be decided upon by the Commission, on its own initiative or at the request of a Member State, acting in accordance with the regulatory procedure referred to in Article 9(2) and after the recognised organisation concerned has been given the opportunity to submit its observations.

Article 14

The Commission, acting in accordance with the regulatory procedure with scrutiny referred to in Article 9(3) , shall adopt and make public :

   a) criteria to measure the effectiveness of the rules, regulations, and performance of the recognised organisations as regards the safety of, and the prevention of pollution from, their classed ships , having particular regard to the data produced by the Paris Memorandum of Understanding on Port State Control and by other similar regimes ; and
   b) criteria to determine when a given performance, omission or delay is to be considered an unacceptable threat to safety or the environment. Those criteria may take into account specific circumstances affecting smaller-sized or highly specialised recognised organisations.

The Commission shall adopt detailed rules for the implementation of Article 12 and, if appropriate, Article 13 in accordance with the regulatory procedure referred to in Article 9(2) .

Article 15

Notwithstanding the criteria set out in Annex I, where a Member State considers that a recognised organisation can no longer be authorised to carry out on its behalf the tasks specified in Article 3 it may suspend such authorisation by way of the following procedure:

   a) the Member State informs the Commission and the other Member States of its decision without delay and giving substantiated reasons therefor ;
   b) the Commission, having regard to safety and pollution prevention, assesses the reasons put forward by the Member State for suspending its authorisation of the recognised organisation ;
   c) acting in accordance with the regulatory procedure referred to in Article 9(2), the Commission informs the Member State whether or not its decision to suspend the authorisation is sufficiently justified on grounds of a serious risk to safety or the environment. If the decision is not justified, the Commission requests the Member State to withdraw the suspension. If the decision is justified and the Member State, pursuant to Article 7(1), has restricted the number of recognised organisations acting on its behalf, the Commission requests that Member State to grant a new authorisation to another recognised organisation to replace the suspended recognised organisation.

Article 16

1.   Member States shall check that the recognised organisations acting on their behalf for the purposes of Article 3(2) effectively carry out the functions set out in that Article to the satisfaction of their competent authority .

2.   Member States shall, at least every two years , monitor all recognised organisations acting on their behalf and provide the other Member States and the Commission with a report on the results of these monitoring activities at the latest by 31 March of the year following the year in which those activities are carried out .

3.   Recognised organisations shall be assessed by the Commission, together with the Member State which submitted the relevant request for recognition, on a regular basis and at least every two years, in order to verify that those recognised organisations are meeting their obligations under this Directive and are fulfilling the criteria set out in Annex I. This assessment shall be confined to the activities of the recognised organisations that fall within the scope of this Directive.

In selecting recognised organisations for assessment, the Commission shall pay particular attention to safety and pollution prevention performance, to casualty records and to the reports made by Member States pursuant to Article 18.

The assessment may include a visit to regional branches of the recognised organisation, as well as random inspection of ships, both in service and under construction, for the purpose of auditing the organisation's performance. In such cases the Commission shall, where appropriate, inform the Member State in which the regional branch is located that such a visit will take place . The Commission shall provide the Member States with a report on the results of the assessment.

4.   Recognised organisations shall make available to the committee referred to in Article 9(1) on an annual basis the results of their quality system management review .

Article 17

1.   No clauses in a contract of a recognised organisation with a third party or in an authorisation agreement with a flag State may be invoked to restrict the access of the Commission to the information necessary for the purposes of the assessment referred to in Article 16(3).

2.   Recognised organisations shall ensure in their contracts with third parties for the issue of statutory certificates or classification certificates to a ship that such issue shall be made conditional on those parties not opposing the access of the Community inspectors on board that ship for the purposes of Article 16(3).

Article 18

In exercising their inspection rights and obligations as port States, Member States shall report to the Commission and to other Member States and inform the flag State concerned if they find that valid statutory certificates have been issued by recognised organisations acting on behalf of a flag State to a ship which does not fulfil the relevant requirements of the international conventions, or in the event of any failure of a ship carrying a valid classification certificate and relating to items covered by that certificate.

Only cases of ships representing a serious threat to safety and the environment or showing evidence of particularly negligent behaviour on the part of the recognised organisation shall be reported for the purposes of this Article.

The recognised organisation concerned shall be advised of the case at the time of the initial inspection so that it can take appropriate follow-up action immediately.

Article 19

1.   Each Member State shall ensure that ships flying its flag are designed, constructed, equipped and maintained in accordance with the rules and regulations relating to hull, machinery and electrical and control installation requirements of a recognised organisation.

2.   A Member State may decide to use rules it considers equivalent to the rules and regulations of a recognised organisation only on the condition that it immediately notifies them to the Commission in conformity with the procedure provided for by Directive 98/34/EC and to the other Member States and those rules are not objected to by another Member State or the Commission and determined through the procedure referred to in Article 9(2) of this Directive to be not equivalent.

3.   Member States shall cooperate with the recognised organisations they authorise in the development of the rules and/or regulations of those organisations. They shall confer with the recognised organisations with a view to achieving a consistent interpretation of international conventions in accordance with Article 20(1).

Article 20

1.   Recognised organisations shall consult with each other periodically with a view to maintaining equivalence and securing the harmonisation of their rules and regulations and the implementation thereof. They shall cooperate with each other with a view to achieving consistent interpretation of the international conventions, without prejudice to the powers of flag States. Recognised organisations shall, in appropriate cases, agree on the technical and procedural conditions under which they will mutually recognise their respective classification certificates based on equivalent standards, taking the most demanding and rigorous models as their reference and taking particularly into account marine equipment bearing the wheelmark in accordance with Council Directive 96/98/EC of 20 December 1996 on marine equipment (11) .

Recognised organisations shall provide the Commission with periodic reports on fundamental progress in standards and mutual recognition.

2.    The Commission shall, by... (12) , submit a report to the European Parliament and the Council based on an independent study on the level reached in the process of harmonising the rules and regulations and on mutual recognition. In the event of failure by the recognised organisations to fulfil the provisions of Article 20(1), the Commission shall propose to the European Parliament and the Council the appropriate measures.

3 .   Recognised organisations shall demonstrate willingness to cooperate with port State control authorities where a ship of their class is concerned, in particular in order to facilitate the rectification of reported deficiencies or other discrepancies.

4 .   Recognised organisations shall provide to all Member States" authorities which have granted any of the authorisations provided for in Article 3 and to the Commission all relevant information about their classed fleet, transfers, changes, suspensions and withdrawals of class, irrespective of the flag the ships fly.

Information on transfers, changes, suspensions, and withdrawals of class, including information on all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against their classed ships - irrespective of the flag the ships fly - shall also be communicated electronically to the common inspection database used by the Member States for the implementation of Directive 2007/…/EC of the European Parliament and the Council of ... (13) [on port state control] (14) at the same time as it is recorded within the recognised organisation's own systems and in any case no later than 72 hours after the event that gave rise to the obligation to communicate the information. That information, with the exception of recommendations and conditions of class which are not overdue, shall be published on the website of these recognised organisations.

5 .   The recognised organisations shall not issue statutory certificates to a ship, irrespective of its flag, which has been declassed or is changing class for safety reasons, before giving the opportunity to the competent authority of the flag State to give its opinion within a reasonable time as to whether a full inspection is necessary.

6 .  In cases of transfer of class from one recognised organisation to another, the transferring organisation shall provide the receiving organisation with the complete file of the ship and, in particular, inform it of:

   a) any overdue surveys;
   b) any overdue recommendations and conditions of class;
   c) operating conditions issued against the ship; and
   d) operating restrictions issued against the ship.

New certificates for the ship can be issued by the receiving organisation only after all overdue surveys have been satisfactorily completed and all overdue recommendations or conditions of class previously issued in respect of the ship have been completed as specified by the transferring organisation.

Before completing the new certificates, the receiving organisation must advise the transferring organisation of their date of issue and, for each overdue survey, overdue recommendation and overdue condition of class, confirm the action taken, specifying its starting place and date and the place where, and the date when, it was satisfactorily completed .

Recognised organisations shall establish and implement appropriate common requirements concerning cases of transfer of class where special precautions are necessary. Those cases shall as a minimum include the transfer of class of ships of fifteen years of age or over and the transfer from a non-recognised organisation to a recognised organisation.

Recognised organisations shall cooperate with each other in properly implementing this paragraph.

Article 21

1.  The Member States, together with the recognised organisations, shall establish, by ...(15) , an assessment committee in accordance with the EN 45012 quality standards. The relevant professional associations working in the shipping industry may participate in an advisory capacity. The assessment committee shall carry out the following tasks:

   a) regulation and assessment of the systems for management of the quality of recognised organisations, in accordance with the ISO 9001 quality standard criteria ;
   b) certification of the quality system of recognised organisations ;
   c) issue of binding interpretations of internationally recognised quality management standards, in particular to take account of the specific features of the nature and obligations of recognised organisations, and
   d) adoption of individual and collective recommendations for the improvement of recognised organisations" rules, processes and internal control mechanisms.

The assessment committee shall have the necessary competences to act independently of the recognised organisations and shall have the necessary means to carry out its duties effectively and to the highest professional standards. The assessment committee shall lay down its working methods and rules of procedure.

The assessment committee shall provide the interested parties, including the Commission, with full information on its annual work plan as well as on its findings and recommendations, particularly with regard to situations where safety might have been compromised.

2.   The assessment committee shall be periodically audited by the Commission, which may, acting in accordance with the regulatory procedure referred to in Article 9(2), require that committee to adopt measures which the Commission deems necessary to ensure full compliance with paragraph 1.

The Commission shall report to the Member States on the results of and follow up to its assessment.

Article 22

1.   Recognised organisations which at the entry into force of this Directive had been granted recognition in accordance with Directive 94/57/EC shall retain their recognition, subject to the provisions of paragraphs 2 and 3.

2.   Recognised organisations shall comply with the new provisions laid down in this Directive from the date of its entry into force .

3.   Without prejudice to Articles 11 and 13, the Commission shall re-examine all limited recognitions granted under Directive 94/57/EC in light of Article 6(3) of this Directive by ...(16) , with a view to deciding, in accordance with the procedure referred to in Article 9(2), whether the limitations should be replaced by others or removed. The limitations shall continue to apply until the Commission has acted.

Article 23

In the course of the assessment pursuant to Article 16(3), the Commission shall verify that the holder of the recognition is the relevant legal entity within the recognised organisation to which the provisions of this Directive apply . If that is not the case, the Commission shall amend the recognition accordingly by decision.

Where the Commission amends the recognition, the Member States shall adapt their agreements with the recognised organisation to take account of that amendment.

Article 24

The Commission shall, on a regular basis, inform the European Parliament and the Council of progress in the implementation of this Directive by the Member States.

Article 25

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles […] and points […] of Annex I [articles, or subdivisions thereof and points of Annex I which have been changed as to their substance by comparison with Directive 94/57/EC ] not later than ...(17) . They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

2.   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. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

3.   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 26

Directive 94/57/EC, as amended by the Directives listed in Annex II, Part A, is repealed with effect from ...(18) , without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 27

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

Articles […] and points […] of Annex I [Articles, or subdivisions thereof, and points of Annex I which are unchanged by comparison with Directive 94/57/EC ] shall apply from ...* .

Article 28

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

MINIMUM CRITERIA FOR RECOGNISED ORGANIS ATIONS REFERRED TO IN ARTICLE 3

(hereinafter referred to as "organisations")

A.    GENERAL MINIMUM CRITERIA

1.   To be eligible to obtain or to continue to enjoy Community recognition , an organisation must have legal personality in the State of its location. Its accounts shall be certified by independent auditors.

2.   The organisation must be able to document extensive experience in assessing the design and construction of merchant ships.

3.   The organisation must be equipped at all times with significant managerial, technical, support and research staff commensurate with the size of the fleet in its class, its composition and the organisation's involvement in the construction and conversion of ships. The organisation must be capable of assigning to every place of work, when and as needed, means and staff commensurate with the tasks to be carried out in accordance with general minimum criteria 6 and 7 and with the specific minimum criteria.

4.   The organisation must have and apply comprehensive rules and regulations for the design, construction and periodic survey of merchant ships, having the quality of internationally recognised standards. They must be published and continually upgraded and improved through research and development programmes.

5.   The organisation must have its register of ships published on an annual basis or maintained in an electronic base accessible to the public.

6.   The organisation must not be controlled by shipowners or shipbuilders, or by others engaged commercially in the manufacture, equipping, repair or operation of ships. The organisation must not be substantially dependent on a single commercial enterprise for its revenue. The recognised organisation must not carry out class or statutory work if it is identical with or has business, personal or family links to the shipowner or operator. This incompatibility shall also apply to surveyors employed by the recognised organisation.

7.   The organisation must operate in accordance with the provisions set out in the Annex to IMO Resolution A. 789(19) on specifications on the survey and certification functions of recognised organisations acting on behalf of the administration, in so far as they cover matters falling within the scope of the Directive.

B.    SPECIFIC MINIMUM CRITERIA

1.   The organisation must provide world-wide coverage through its exclusive technical staff or, in exceptional and duly justified cases, through the exclusive technical staff of other recognised organisations.

2.   The organisation must be governed by a code of ethics.

3.   The organisation must be managed and administered in such a way as to ensure the confidentiality of information required by the administration.

4.   The organisation must provide relevant information to the administration, to the Commission and to interested parties.

5.    The organisation, its inspectors and its technical staff will carry out their work without in any way harming the intellectual property rights, including patents, licences, know-how or any other kind of knowledge whose use is legally protected at Community or national level, of shipyards, equipment suppliers and shipowners. Under no circumstances, and without prejudice to Article 17 of the Directive, will either the organisation or the inspectors and technical staff whom it employs pass on or divulge commercially relevant data obtained in the course of their work of inspecting, checking and monitoring ships under construction or repair.

6 .   The organisation's management must define and document its policy and objectives for, and commitment to, quality and must ensure that this policy is understood, implemented and maintained at all levels in the organisation. The organisation's policy must have regard to safety and pollution prevention performance targets and indicators.

7 .  The organisation must ensure that:

   a) its rules and regulations are established and maintained in a systematic manner;
   b) its rules and regulations are complied with and an internal system to measure the quality of service in relation to those rules and regulations is put in place;
   c) the requirements of the statutory work for which the organisation is authorised are satisfied and an internal system to measure the quality of service in relation to compliance with the international conventions is put in place;
   d) the responsibilities, authorities and interrelation of personnel whose work affects the quality of the organisation's services are defined and documented;
   e) all work is carried out under controlled conditions;
   f) a supervisory system which monitors the actions and work carried out by surveyors and technical and administrative staff employed by the organisation is in place ;
   g) surveyors have an extensive knowledge of the particular type of ship on which they carry out their work as relevant to the particular survey to be carried out and of the relevant applicable requirements;
   h) a system for qualification of surveyors and continuous updating of their knowledge is implemented;
   i) records demonstrating achievement of the required standards in the items covered by the services performed, as well as the effective operation of the quality system, are maintained ;
   j) a comprehensive system of planned and documented internal audits of the quality related activities is maintained in all locations;
   k) the statutory surveys and inspections required by the Harmonised System of Survey and Certification for which the organisation is authorised are carried out in accordance with the provision set out in the Annex and Appendix to IMO Resolution A. 948(23)  on Survey Guidelines under the Harmonised System of Survey and Certification;
   l) clear and direct lines of responsibility and control are established between the central and the regional offices of the organisation and between organisations and their surveyors.

8 .   The organisation must have developed and implemented and must maintain an effective internal quality system which is based on appropriate parts of internationally recognised quality standards and which complies with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000 as interpreted and certified by the Assessment Committee referred to in Article 21(1) of the Directive .

The Assessment Committee must act independently and must accordingly have access to all the resources needed to be able to operate properly and carry out thorough and consistent work. It must possess highly specialised and extensive technical skills and a code of conduct that safeguards the independence of the auditors" activities.

9 .   The rules and regulations of the organisation must be implemented in such a way that the organisation remains in a position to derive from its own direct knowledge and judgement a reliable and objective declaration concerning the safety of the ships concerned by means of classification certificates on the basis of which statutory certificates can be issued.

10 .   The organisation must have the necessary means of assessing - through the use of qualified professional staff and in accordance with the provisions set out in the Annex to IMO Resolution A.913 (22) on guidelines on implementation of the International Safety Management (ISM) Code by administrations - the application and maintenance of the safety management system, of both shore-based and on board ships, intended to be covered in the certification.

11 .   The organisation must allow participation in the development of its rules and/or regulations by representatives of the administration and other parties concerned.

ANNEX II

Part A

Repealed Directive with its successive amendments

(referred to in Article 26)

Council Directive 94/57/EC

OJ L 319, 12.12.1994, p. 20

Commission Directive 97/58/EC

OJ L 274, 7.10.1997, p. 8

Directive 2001/105/EC of the European Parliament and of the Council

OJ L 19, 22.1.2002, p. 9

Directive 2002/84/EC of the European Parliament and of the Council

OJ L 324, 29.11.2002, p. 53

Part B

List of time-limits for transposition into national law

(referred to in Article 26)

Directive

Time-limit for transposition

94/57/EC

31 December 1995

97/58/EC

30 September 1998

2001/105/EC

22 July 2003

2002/84/EC

23 November 2003

ANNEX III

Correlation Table

Directive 94/57/EC

This Directive

Article 1

Article 1

Article 2, introductory words

Article 2, introductory words

Article 2, first indent

Article 2, point (a)

Article 2, second indent

Article 2, point (b)

Article 2, third indent

Article 2, point (c)

Article 2, fourth indent

Article 2, point (d)

Article 2, fifth indent

Article 2, point (e)

Article 2, point (f)

Article 2, sixth indent

Article 2, point (g)

Article 2, seventh indent

Article 2, point (h)

Article 2, eighth indent

Article 2, point (i)

Article 2 point (j)

Article 2, ninth indent

Article 2, point (k)

Article 2, tenth indent

Article 2, point (l)

Article 2, eleventh indent

Article 2, point (m)

Article 3

Article 3

Article 4(1), first and second sentences

Article 4(1)

Article 4(1), last sentence

Article 6(1)

Article 4(2) and (3)

Articles 5 and 6(2) and (3)

Article 4(4)

Article 6(4)

Article 4(5)

Articles 5, 6, 7 and 8

Articles 7, 8, 9 and 10

Article 9

Articles 11 to 14

Article 10(1)

Article 15

Article 10(2), (3) and (4)

Article 11

Article 16

Article 17

Article 12

Article 18

Article 14

Article 19 (1) and (2)

Article 19(3)

Article 15

Article 20

Article 21 to 24

Article 16

Article 25

Article 26

Article 27

Article 17

Article 28

Annex

Annex I

Annex II

Annex III

(1) Not yet published in OJ.
(2) OJ C 318, 23.12.2006, p. 195.
(3) OJ C 229, 22.9.2006, p. 38.
(4) Position of the European Parliament of 25 April 2007 .
(5) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).
(6) OJ C 271, 7.10.1993, p. 1.
(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(8) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.
(9) 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).
(10) 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).
(11) OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).
(12)* Three years after the date of entry into force of this Directive.
(13)+ OJ: please insert date and number of this Directive.
(14) OJ L
(15)* 18 months after the date of entry into force of this Directive.
(16)* 12 months after the date of entry into force of this Directive.
(17)* 18 months after the date of entry into force of this Directive.
(18)* The date of entry into force of this Directive.


Temporary committee on climate change
DOC 34k
European Parliament decision of 25 April 2007 on setting up a temporary committee on climate change
P6_TA(2007)0151 B6-0158/2007

The European Parliament ,

–   having regard to Rule 175 of its Rules of Procedure,

–   having regard to the decision of the Conference of Presidents of 19 April 2007 to propose that a temporary committee on climate change be set up and its powers and composition defined,

–   having regard to the urgent need to adopt concrete measures, at all levels, to confront climate change and the need for political leaders to activate that process,

–   having regard to its resolutions on climate change, particularly those adopted on 16 November 2005,(1) 26 October 2006(2) and 14 February 2007,(3)

–   having regard to the need to collect and coordinate the opinions of the various committees concerned, so that the Parliament can play a key role in raising awareness and placing the challenge of climate change at the very top of the international agenda,

–   having regard to the need to organise the temporary committee's work and structures accordingly, by granting, in particular, the additional resources needed to deal with that subject appropriately,

1.  Decides to set up a temporary committee on climate change, vested with the following powers:

   a) to formulate proposals on the EU's future integrated policy on climate change and to coordinate the Parliament's position in the negotiations regarding the international framework for climate policy after 2012;
   b) to analyse and evaluate the state of climate change and propose appropriate measures, at all levels, accompanied by an assessment of both their financial impact and the cost of inaction;
   c) to draw up as comprehensive an inventory as possible of recent progress made and future prospects in combating climate change, in order to provide Parliament with the detailed analysis of those developments, which it needs in order to assume its political responsibilities;
   d) to study the environmental, legal, economic, social, geopolitical, regional and public-health impact of recent progress made and of future prospects;
   e) to analyse and evaluate the application, to date, of relevant Community legislation;
   f) to that end, to make the necessary contacts and hold hearings with the parliaments and governments of the Member States and third countries, the European Institutions and international organisations, as well as representatives of the scientific community, business and civil society, including the networks of local and regional authorities;

2.   Decides that, while the powers of the Parliament's standing committees responsible for the adoption, follow-up and implementation of Community legislation on the subject shall remain unchanged, the temporary committee may make recommendations as to measures or initiatives to be taken;

3.   Decides that the term of office of the temporary committee shall be twelve months, beginning on 10 May 2007, at the end of which it shall present a report to Parliament containing, as appropriate, recommendations as to actions or initiatives to be taken;

4.   Decides that the temporary committee shall have 60 members.

(1) OJ C 280 E, 18.11.2006, p. 120.
(2) Texts Adopted , P6_TA(2006)0460 .
(3) Texts Adopted , P6_TA(2007)0038 .


Damages actions for breach of competition rules
DOC 61k
European Parliament resolution of 25 April 2007 on the Green Paper on Damages actions for breach of the EC antitrust rules (2006/2207(INI) )
P6_TA(2007)0152 A6-0133/2007

The European Parliament ,

–   having regard to the Commission Green Paper on Damages actions for breach of EC antitrust rules (COM(2005)0672 ) (Green Paper on Damages),

-   having regard to the Commission Report on Competition Policy 2004 (SEC(2005)0805 ),

-   having regard to its resolution of 15 November 1961 in reply to the EEC Council of Ministers' request for Parliament to be consulted in respect of the proposal for an initial implementing regulation concerning Articles 85 and 86 of the EEC Treaty(1) ,

-   having regard to the Commission Notice on cooperation between national competition authorities and the Commission in handling cases falling within the scope of Articles 85 or 86 of the EC Treaty(2) ,

-   having regard to the Presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, the Gothenburg European Council of 15 and 16 June 2001, the Laeken European Council of 14 and 15 December 2001, the Barcelona European Council of 15 and 16 March 2002, and the Brussels European Councils of 20 and 21 March 2003, 25 and 26 March 2004, 22 and 23 March 2005, and 23 and 24 March 2006,

-   having regard to the High Level Group report entitled 'Facing the challenge - The Lisbon Strategy for growth and employment', November 2004,

-   having regard to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty(3) , Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty(4) , and Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings(5) ,

-   having regard to the international instruments that recognise the right to effective judicial protection, in particular, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as the protocols thereto,

-   having regard to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols to the Convention,

-   having regard to Article 47 of the Charter of Fundamental Rights of the European Union(6) ,

-   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A6-0133/2007 ),

A.   whereas competition policy has formed part of the European integration venture from its outset and is key to the process of the construction of the European Union,

B.   whereas free and undistorted competition is essential to achieving the objectives of the Lisbon-Göteborg Strategy, the vitality of the internal market, entrepreneurial excellence, consumer interests and the goals of the European Union, while anti-competitive behaviour is prejudicial to those objectives,

C.   whereas Articles 81 and 82 of the EC Treaty are public policy provisions that have direct effects and that should automatically be applied by the competent authorities; whereas those provisions create rights between individuals, which national judicial authorities should safeguard effectively in line with the case law of the Court of Justice of the European Communities, including the judgment in Case 26/62 van Gend & Loos (7) , which is notable, in particular, for being the precursor to subsequent cases,

D.   whereas in the Member States, competition law is chiefly enforced through public-law channels and considerable differences and obstacles exist at Member State level which may prevent potential claimants from pursuing actions for compensation,

E.   whereas as the Court of Justice considers that, in the absence of Community rules governing the right of victims to claim damages before the national judicial authorities, it is for the domestic legal system of each Member State to designate the courts or tribunals having jurisdiction and to lay down detailed procedural rules governing actions for safeguarding rights which individuals derive directly from Community law, provided that such rules are no less favourable than those governing similar domestic actions (in accordance with the principle of equivalence), and provided that they do not render practically impossible or excessively difficult the exercise of rights conferred by Community law (in accordance with the principle of effectiveness),

F.   whereas the rare and exceptional use of private actions before the jurisdictions of national judicial authorities, as provided for in Regulation (EC) No 1/2003 indicates that there is a need for measures to facilitate the bringing of actions for damages; whereas such measures should increase compliance with EC competition law, bearing in mind the different rules of procedure and evidence applicable across the Member States; whereas this should not lead to a situation in which undertakings engaging in lawful economic behaviour are placed at undue risk of having to pay unjustified claims, or to change their behaviour, in order to avoid costly litigation,

G.   whereas consumers and businesses that have suffered damage as a result of a breach of the competition rules should have a right to compensation,

H.   whereas developments in EU civil justice rules, in particular as regards access to justice, have not kept pace with recent developments in Community competition law in the internal market,

I.   whereas in Case C-453/99(8) , the Court of Justice ruled that, in order to ensure the full effectiveness of Article 81 of the Treaty, individuals and companies may claim compensation for damage caused to them by virtue of a contract or conduct that restricts or distorts competition,

J.   whereas the existing redress mechanisms for breaches of competition rules at European level do not guarantee the full effectiveness of Article 81 of the Treaty, in particular with regard to those suffering damage,

K.   whereas many Member States are examining ways better to protect consumers by allowing collective actions, and whereas differing courses of action may lead to the distortion of competition in the internal market,

L.   whereas any proposal by the Commission in areas for which the Commission does not have exclusive competence must, pursuant to the Treaty, comply with the principles of subsidiarity and proportionality,

1.   Points out that Community competition rules would lack dissuasive effect, and their effectiveness would be compromised, if anyone acting in a proscribed manner were able to enjoy advantages on the market or immunity in respect of breaches of the rules due to obstacles to full claims for damages; considers that the bringing of legal actions by the representatives of the public interest and victims should be facilitated;

2.   Considers that citizens or businesses suffering damage as a result of a breach of competition law should have the opportunity to claim compensation for their losses;

3.   Welcomes the fact that the Court of Justice has recognised the right of victims who have suffered losses as a result of anti-competitive behaviour to bring 'stand alone' or 'follow on' legal actions to obtain compensation; welcomes, therefore, the Green Paper on Damages as well as the preparatory works linked thereto;

4.   Calls, with a view to promoting competition rather than litigation, for the promotion of swift and amicable out-of-court settlements and the facilitation of plea agreements in claims for damages arising from anti-competitive behaviour and points out that in the event that the party that is alleged to have infringed competition rules claims and proves that the damage has been compensated before the conclusion of the proceedings, this could be regarded as mitigating factor in setting the amount of damages to be awarded; also welcomes the fact that competition authorities in the European Union can to some extent perform an institutional arbitration role by administering arbitration procedures including appointing arbitrators at the request of the parties;

5.   Considers, therefore, that the legal systems of the Member States should provide for effective civil law procedures whereby compensation can be claimed for damage resulting from breaches of competition law;

6.   Takes the view that instituting private actions should be complementary to and compatible with public enforcement, which, in turn, could become more strategic and selective in nature, focusing on the most important issues and significant cases; considers, however, that such change in focus should not constitute a justification for the under-resourcing of competition authorities;

7.   Calls for Articles 81 and 82 of the Treaty to be implemented uniformly, regardless of the administrative or judicial nature of the authority adopting the decision; takes the view that decisions adopted by judicial authorities should be consistent and reflect common principles of security and effectiveness that avoid distortions and inconsistencies within the European Union; considers that the objective should be to arrive at procedures and a situation in which a prior final ruling by a national competition authority (NCA) or national judicial authority is binding on all Member States insofar as the parties to and circumstances of the case are the same;

8.   Emphasises that it is vital to provide judicial authorities with training in competition law in order to ensure the quality of their rulings, and to respect the essential importance of having proceedings handled by specialist or highly qualified bodies;

9.   Maintains that in order to protect competition and the rights of victims all judicial authorities implementing the Community competition rules should be able to adopt provisional measures, order measures of enquiry and make use of their powers of investigation where necessary;

10.   Stresses that, for the purposes of establishing the relevant facts in the application of Articles 81 and 82 of the Treaty, the national judicial authorities should enjoy powers comparable with those granted to the NCAs, and that, to ensure consistency, there is a need to strengthen cooperation between the NCAs and the national judicial authorities and among the national judicial authorities;

11.   Emphasises that the competent authorities implementing the Community competition rules should have uniform criteria for establishing the burden of proof; notes that it may be necessary to take into account asymmetry of information available to the parties; suggests that in legal proceedings, the facts should be deemed established when the competent judicial authority is satisfied of the existence of a breach and damage with a causative link;

12.   Calls for the judicial authorities responsible for applying competition law to be empowered to order access to information relevant to the outcome of actions in damages, subject to a prior hearing of the other party except in urgent cases, by way of proportionate measures under their supervision; points out that in accessing information relevant to the outcome of proceedings the legitimacy of professional secrecy in relations between lawyers and their clients, business secrets of economic players and legislation on official secrets must be respected; calls on the Commission to draw up, as swiftly as possible, a communication on the processing of confidential information by the authorities applying Community competition law;

13.   Urges Member States to accept that the finding of an infringement arrived at by an NCA, once final and, where appropriate, confirmed on appeal, automatically constitutes prima facie proof of fault in civil proceedings involving the same issues, provided that the defendant was given an adequate opportunity to defend itself in the administrative proceedings;

14.   Further considers it unnecessary to discuss and prescribe at Community level the need for the appointment of experts;

15.   Considers that the proposed regulation on the law applicable to non-contractual obligations (Rome II) should provide a satisfactory solution save where the anti-competitive behaviour affects competition in more than one Member State, and that consideration should therefore be given to introducing a specific rule relating to such cases;

16.   Urges the national judicial authorities to cooperate in protecting confidential information and rendering leniency programmes effective; considers that in the event of a conflict arising over access to and the processing of such information available to the members of the European competition network (ECN), this should be settled in the light of the interpretation of Community law by the Court of Justice;

17.   Emphasises that payments awarded to complainants should be compensatory and should not exceed the actual damage (damnum emergens) and losses ('lucrum cessans') suffered, in order to avoid unjust enrichment, and that the ability of the victim to mitigate the damage and losses may be taken into account; however in the case of cartels, suggeststhat first applicants cooperating with the competition authorities in leniency programmes should not be held jointly and severally liable with the other infringers, and that interest should be calculated from the date of the infringement;

18.   Considers that any proposed measure must fully respect the public policy of the Member States, in particular with regard to punitive damages;

19.   Underlines that Member States should take into account that the possibility of defendants arguing that all or part of the gains they made as a result of the infringement have been transferred to third parties (the passing-on defence) would be detrimental to establishing the extent of the damage and the causal link;

20.   Concurs with case law of the Court of Justice that all victims should be able to bring legal actions; takes the view that Member States that make provision for actions for indirect losses should grant the defendant the possibility of asserting a passing-on defence in order to avoid the possibility of unjust enrichment; notes that it is therefore essential to have a mechanism for dealing with multiple small claims;

21.   Takes the view that, in the interests of justice and or reasons of economy, speed and consistency, victims should be able voluntarily to bring collective actions, either directly or via organisations whose statutes have this as their object;

22.   Notes that in many cases there will be an asymmetry of resources between the complainant and the defendant in legal proceedings for damages arising from anti-competitive behaviour and that, in such cases, complainants should not be deterred from bringing well-founded actions for damages for fear of having to pay excessive legal costs, including the costs of the defendant in the event that the claim is unsuccessful; suggests, therefore, that judicial authorities should be able to take into account the different economic situation of the parties and, where appropriate, should make an assessment at the outset of proceedings; considers that the level of costs should be based on reasonable and objective criteria taking into account the nature of the trial, and should include the costs engendered by the legal proceedings;

23.   Recommends that in the legal aid programmes that can legitimately be adopted to enable private actions to be brought more easily for damages arising from anti-competitive behaviour, clear-cut conditions be laid down as regards the supervision of the proceedings and the reimbursement of such aid, in particular in the event that the case is settled and the infringer is ordered to pay costs;

24.   Considers that national limitation periods for actions for infringements of the Community competition rules should allow actions to be brought within one year of a decision by the Commission or an NCA finding that those rules have been infringed (or, in the event of an appeal, one year from the conclusion of such appeal); considers that where there is no such decision it should be possible to bring actions for damages for infringements of Article 81 or 82 of the Treaty, the Community competition rules, at any time during the period within which the Commission is entitled to take a decision imposing a fine for those infringements; considers that time should stop running for the period of any formal discussions or mediation between the parties;

25.   Suggests that the limitation period applying to the right to claim compensation in the event of a breach of competition law be suspended from the time when the Commission or NCA in one or more Member States launches an investigation into such breach;

26.   Points out that instituting private actions for damages does not affect the powers or responsibilities that the Treaty confers on the Commission in the area of competition law;

27.   Urges the Commission to adopt, as swiftly as possible, guidelines for the provision of assistance to the parties in quantifying the damage they have suffered and establishing the causal link; calls also for priority to be given to drawing up a communication on bringing independent legal actions, which includes recommendations for the filing of claims and examples for the most frequent cases;

28.   Calls on the Commission to prepare a White Paper with detailed proposals to facilitate the bringing of 'stand alone' and 'follow on' private actions claiming damages for behaviour in breach of the Community competition rules, which addresses, in a comprehensive manner, the issues raised in this Resolution and gives consideration, where appropriate, to an adequate legal framework; also calls on the Commission to include therein proposals for strengthening the cooperation between all the authorities responsible for applying Community competition rules;

29.   Considers that any Commission initiative governing the right of victims to claim damages before the national judicial authorities must be accompanied by an impact assessment;

30.   Calls on the Commission to work closely with the competent national authorities of the Member States in order to mitigate any cross-border obstacles that prevent EU citizens and businesses from filing cross-border damages claims in cases of breaches of Community competition rules in Member States; considers that, if necessary, the Commission should take legal action to remove such obstacles;

31.   Urges those Member States in which citizens and businesses do not yet have such an effective right to claim compensation, to adapt their civil procedural law;

32.   Emphasises that Parliament should play a co-legislative role in the field of competition law and that it should be kept regularly informed on the bringing of private legal actions;

33.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the social partners.

(1) OJ 61, 15.11.1961, p. 1409.
(2) OJ C 313, 15.10.1997, p. 3.
(3) OJ L 1, 4.1.2003, p. 1.
(4) OJ L 123, 27.4.2004, p. 18.
(5) OJ L 24, 29.1.2004, p. 1.
(6) OJ C 364, 18.12.2000, p. 1.
(7) Case 26/62 NV Algemene Transport-en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration [1963] ECR-1.
(8) Case 453/99 Courage Ltd v Crehan [2001] ECR I-62976297 and judgment of 13 July 2006 in Joined Cases C-295/04 to 298/04, Manfredi and Others v Lloyd Adriatico Assicurazioni SpA and Others ECR I-6619.


Multilateral Agreement on the Establishment of a European Common Aviation Area
DOC 39k
European Parliament resolution of 25 April 2007 on the proposal for a Council decision on the conclusion of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA)
P6_TA(2007)0153 B6-0148/2007

The European Parliament ,

–   having regard to the Commission proposal to the Council (COM(2006)0113 )(1) ,

–   having regard to its resolution of 17 January 2006 on developing the agenda for the Community's external aviation policy(2) ,

–   having regard to Rule 103(2) of its Rules of Procedure,

A.   whereas, in view of its accession to the EU, Romania should be treated differently from the other States and whereas Bulgaria, despite its accession, is subject to a protective clause with regard to security interests and should therefore be treated like a third country,

B.   whereas the Council has adopted the provisional agreement as proposed by the Commission and whereas this provisional agreement awaits ratification by all parties,

C.   whereas the European Common Aviation Area (ECAA) agreement is important as a framework agreement for dealing with aviation-related issues with the countries of the Western Balkans, Iceland and Norway, in particular, and whereas it provides a model for future agreements of this kind with other third countries,

Environment

1.   Notes that it is important that the ECAA agreement should cover current and future EU legislation on emissions and other measures that will reduce the environmental impact of aviation;

2.   Welcomes the fact that the parties to the agreement accept that at some point in the future aviation may be included in emissions trading schemes (ETS);

3.   Stresses the importance of the agreement in terms of creating the conditions for enlarging the Single European Sky (SES) beyond Member States;

Safety and Security

4.   Underlines the importance, therefore, of technical assistance and accession negotiations as means of obtaining the necessary consensus with non-EU and non-EEA partners in order to attain this objective;

5.   Insists that all EU safety and security legislation and Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air(3) must be included in the operational annex to the agreement;

6.   Notes that air traffic management is included in the agreement, a fact which is important from the point of view of applying the SES rules, such as those for developing transborder air space blocks;

7.   Welcomes the advantages of reciprocal and coherent application of the Safety Assessment contained in Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports(4) by all parties to the agreement;

8.   Recalls that achieving the SES objective also entails flexibility of airspace, which necessitates institutionalised cooperation between military and civil authorities in the field of air traffic control;

Social issues

9.   Welcomes the role of the European Aviation Safety Agency in training experts, preparing manuals and providing technical advice to partner countries, as well as in helping to establish implementation mechanisms;

10.   Stresses the fact that relevant EU social legislation must be complied with when implementing the agreement;

11.   Notes that the agreement provides for the implementation of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation(5) ;

12.   Notes that there must be prompt implementation of the commitments in the agreement and that a progress report must be submitted to the European Parliament by 31 December 2008;

13.   Calls on the Commission and the Council to ensure that the agreement reflects these key considerations and that arrangements for monitoring are established in connection with the implementation process;

o
o   o

14.   Instructs its President to forward this resolution to the Council and Commission.

(1) Not yet published in OJ.
(2)2 OJ C 287 E, 24.11.2006, p. 84.
(3)1 OJ L 204, 26.7.2006, p. 1.
(4)2 OJ L 143, 30.4.2004, p. 76. Directive as amended by Regulation (EC) No 2111/2005 (OJ L 344, 27.12.2005, p. 15).
(5)3 OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1900/2006 of the European Parliament and of the Council (OJ L 377, 27.12.2006, p. 176).


Thematic Strategy on the sustainable use of natural resources
DOC 86k
European Parliament resolution of 25 April 2007 on a Thematic Strategy for the Sustainable Use of Natural Resources (2006/2210(INI) )
P6_TA(2007)0154 A6-0054/2007

The European Parliament ,

–   having regard to the communication from the Commission 'Towards a Thematic Strategy on the Sustainable Use of Natural Resources' (COM(2003)0572 ),

–   having regard to the communication from the Commission 'Thematic Strategy on the sustainable use of natural resources' (COM(2005)0670 ),

–   having regard to the Review of the EU's Sustainable Development Strategy – Renewed Strategy(1) ,

–   having regard to the Convention on Biological Diversity adopted in Rio de Janeiro in 1992,

–   having regard to Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment(2) ,

–   having regard to Articles 2 and 6 of the EC Treaty, which stipulate that environmental protection requirements are to be integrated into the various sectors of Community policy with a view to promoting environmentally sound development of economic activities,

–   having regard to Article 174 of the EC Treaty,

–   having regard to the Sixth Community Environment Action Programme (6th EAP)(3) ,

–   having regard to the communication from the Commission 'Taking sustainable use of resources forward: A Thematic Strategy on the prevention and recycling of waste' (COM(2005)0666 ),

–   having regard to its resolution of 5 July 2005 on the communication from the Commission to the Council and the European Parliament on Stimulating Technologies for Sustainable Development: An Environmental Technologies Action Plan for the European Union(4) ,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0054/2007 ),

A.   whereas, in the decades ahead, rapid demographic change in the world will bring ever greater pressure to bear on the climate, natural resources and biodiversity, and whereas this evolution is also related to the disparity in prosperity between the industrialised world and developing countries,

B.   whereas sustainable economic development, combined with fair and equitable sharing of the benefits derived from natural resources and access to resources and markets are necessary to alleviate poverty and increase human well-being,

C.   whereas, because of the rapid growth of the world population, by 2010 an additional 400 million people will be living on Earth; whereas in a world in which mutual dependence is constantly increasing we cannot continue to produce and consume in the present way and whereas, worldwide, 15 500 species of plants and animals are seriously endangered; whereas in recent decades nearly all types of ecosystem and all species have already suffered very badly and whereas fresh water is also a valuable resource, which is under pressure; whereas the worldwide water crisis is a threat to human life and sustainable development and ultimately also to peace and security,

D.   whereas, worldwide, the average ecological footprint(5) is now 2.2 hectares per capita, although it should not exceed 1.8 hectares in order to remain within the limits of the Earth's biocapacity; whereas, worldwide, human beings are using 25% more than the Earth produces in a year, or in other words, the Earth needs a year and three months to produce what we have used in a single year (2003) (WWF Eco-report 2006),

E.   whereas, according to the UN 2005 Millennium Ecosystem Assessment, there has been a decline in 2/3 of all ecosystems since the beginning of the 1960s and whereas demand for natural resources has risen by 70% over the same period,

F.   whereas according to the European Environment Agency, Europe's ecological footprint exceeded its own biocapacity in 1960 and is to date twice as large as its biocapacity; whereas this is not compatible with equitable sustainable development,

G.   whereas the failure so far to assign a value to natural capital, in particular ecosystem services, is a serious impediment in the overall efforts to establish a framework for sustainable use of natural resources,

H.   whereas the interests of commerce and the environment need not be in conflict; whereas, however, sustained economic prosperity in the future will only be possible in a market-based system in which all forms of capital, including natural capital, are fully valued, and the costs of damage to human health and the environment are fully internalised into product prices,

I.   whereas rising economic growth in developing countries will increase pressure on the environment still further,

J.   whereas progress in the field of know-how and technology is crucial in order to attain a balance between economic growth on the one hand and social and ecological sustainability on the other,

K.   whereas pursuant to Article 6 of the Treaty, bolstered by the Cardiff Process, environmental protection requirements must be integrated into the formulation and implementation of EU policy,

L.   whereas there is little complementarity and insufficient coordination between the different international fora responsible for sustainable development (Convention on Biological Diversity, Kyoto Protocol, Convention to Combat Desertification, etc.); whereas, furthermore, there are no tools to enforce these agreements worldwide,

M.   whereas the EU Strategy for Growth and Jobs(6) endorsed by the Spring Summit of 2005 gives high priority to more sustainable use of natural resources and calls for the EU to take the lead in the move towards more sustainable consumption and production in the global economy,

N.   whereas the guiding principles for sustainable development adopted by the European Council of 15/16 June 2006 should form the basis for sustainable development, particularly those relating to the quality of life and solidarity between and within generations,

O.   whereas, in its communication on the review of the EU Sustainable Development Strategy - a platform for action (COM(2005)0658 ), the Commission states that:

   - the EU and Member States must continue to invest in research and technology to find new cost-effective and resource-efficient ways of production and consumption,
   - the EU must position itself as a world leader in eco-efficient and energy-saving technologies in order to reduce the high level of dependence on natural resources,
   - the EU must safeguard the earth's capacity to support life in all its diversity, respect the limits of the planet's natural resources and ensure a high level of protection and improvement of the quality of the environment,
   - by 2012, 12% of Member States' energy consumption must come from renewable sources,
   - by 2010, 21% of Member States' electricity consumption must be met by renewable sources,

P.   whereas in June 2006, the European Council demanded inter alia the following in the Renewed EU Sustainable Development Strategy:

   the EU strategy on the sustainable use of natural resources should be complemented by a number of targets and measures at EU level,
   to improve resource efficiency to reduce the overall use of non-renewable natural resources and the related environmental impacts of raw materials use, thereby using renewable natural resources at a rate that does not exceed their regeneration capacity,

Q.   whereas the 6th EAP:

   - lays down a programme whose objectives accord with the key priorities of the Community, namely climate change, nature and biodiversity, the environment, public health and the quality of life, natural resources and waste,
   - requires the promotion of changes to subsidy schemes which have a substantial adverse impact on the environment and are not compatible with sustainable development,
   - states that thematic strategies must include relevant qualitative and quantitative environmental objectives and timetables,
   - and inter alia explicitly asks for a review of the efficiency of policy measures and the impact of subsidies relating to natural resources and waste, as well as for the establishment of goals and targets for resource efficiency and the diminished use of resources, decoupling the link between economic growth and negative environmental impacts,

R.   whereas the Annex to the Thematic Strategy states that:

   if an annual improvement in resource productivity of 3% is achieved, while the economy grows at 3% per year as well, resource use will be more or less stable,
   everything else being equal, stabilising material use will not be enough to reduce economy-wide environmental impacts and achieve decoupling,

S.   whereas in its resolution of 16 November 2005 on Winning the Battle against Global Climate Change(7) , the European Parliament stated that strong emission reductions, i.e. 30% by 2020 and 60-80% by 2050, need to be undertaken by developed countries,

T.   whereas agriculture uses 50% of all land and consumes 30% of all water and 20% of all fuel,

U.   whereas transportation is the fastest growing end-use sector and is responsible for 40% of all energy use worldwide and for approximately 40-80 % of all air pollution and for 28 % of all CO2 emissions in Europe,

V.   whereas an enhanced understanding of how natural systems work will open up new opportunities for ecologically sound production and consumption systems; whereas there are already more than 2000 patented technologies inspired by nature ("biomimicry"),

W.   whereas one of the Millennium Development Goals adopted by the United Nations in 2000 was that of ensuring a sustainable environment before 2015 by integrating sustainable development into national policy and programmes, halting the loss of natural resources and halving the number of people without access to safe drinking water; whereas by 2020 the living conditions of at least 140 million slum-dwellers must be significantly improved,

X.   whereas every year between 5 and 6 million people - mainly children - die of diseases caused by water and air pollution; whereas 370 000 premature deaths are caused by air pollution in Europe,

Y.   whereas sustainable use of natural resources is a 'conditio sine qua non' for long-term prosperity,

Z.   whereas the basis of most environmental problems is the unsustainable use of natural resources,

AA.   whereas a transformation of the present system of production and consumption is urgently needed;

AB.   whereas society depends primarily on products made up of a set of different materials, i.e. biological, mineral and synthetic materials, which are often combined to produce composite materials, and whereas these materials ought to be used and handled in such a way that, when the useful life of the products is over, they do not become useless waste,

AC.   whereas by 2015 at the latest better management and avoidance of overexploitation of renewable natural resources such as fish stocks, biodiversity, water, air, soil and the atmosphere must result in the recovery of damaged marine ecosystems, in accordance with the Johannesburg Plan of Implementation adopted at the United Nations Summit on Sustainable Development in Johannesburg in 2002,

AD.   whereas our industrial system feeds on distant ecosystems by means of trade and is often insensitive to their degradation; whereas therefore the natural resource strategy must be based on the application of the ecological footprint methodology and have as a primary goal to reduce the ecological footprint of the EU in the world, and to take a leading role and encourage other non-EU countries to do the same,

AE.   whereas by 2010 at the latest the loss of biodiversity must be halted, in accordance with the Johannesburg Plan of Implementation,

AF.   whereas there are major disparities between Member States as regards the productivity of resources; whereas eliminating these disparities alone would mean that the improved productivity would reduce the amount of natural resources used and consequently reduce pressure on the environment and improve the competitive position of the Member States,

AG.   whereas economically developed and service orientated Member States have exported a large amount of their energy and natural resource consuming activities to less developed EU and non-EU countries; whereas the Commission should take into consideration that different Member States use different amounts of natural resource to reach the same economic growth rate,

AH.   whereas the Johannesburg Plan of Implementation also called for a decoupling of economic growth and environmental degradation by improving efficiency and sustainability in the use of resources and production processes and by reducing resource degradation, pollution and waste,

AI.   whereas the abovementioned European Union Environmental Technologies Action Plan:

   notes that efficient use of resources and materials reduces costs to industry and households, thereby releasing funds and making the EU economy less dependent on scarce resources and highly unstable markets,
   notes that scarce resources often cause regional conflicts in developing countries,
   draws attention to the need to promote technologies which serve to prevent natural disasters or activities which can lead to the destruction of natural resources or damage to them,

AJ.   whereas a policy can only be implemented if the public and consumers are also encouraged to alter their consumption patterns to take account of environmental and health requirements,

1.   Takes reluctant note of the abovementioned communication from the Commission 'Thematic Strategy on the sustainable use of natural resources', and regrets the lack of a clear vision on how to meet the overall objective; considers that it should be seen as a first step in a process eventually leading to a comprehensive strategy for the sustainable use of natural resources;

2.   Considers that the Commission's action platform for the study of the Sustainable Development Strategy is too cautious and limited in scope and that, in its present form, it will not be able to persuade the public or political decision-makers to pursue the crucial goals for which it provides;

3.   Calls on the Commission to establish goals and targets at political and at sectoral level for resource efficiency, and speed up the work on appropriate tools to maintain progress;

4.   Notes with regret that the Thematic Strategy on the sustainable use of natural resources (Thematic Strategy) fails to pursue the objectives of the European Community's 6th EAP; considers that the objectives of the 6th EAP relating to the sustainable use of natural resources will remain unattained unless the concerted actions presented in the Thematic Strategy are made more effective; considers that this applies particularly to the objective of ensuring that the use of natural resources and their impact do not exceed the carrying capacity of the environment;

5.   Calls on the European Union to step up its efforts and take decisions with a view to becoming the most efficient economy in the world in terms of its use of resources and energy; stresses that the attainment of such aims would permit greater independence and security of supply of resources and energy and a decoupling of economic growth from the exploitation of natural resources;

6.   Stresses that pollution, the increasing scarcity of natural resources and raw materials and the increasing difficulty of gaining access to them constitute a threat to the conservation of biodiversity and will cause price rises on such a scale as to more or less completely destabilise the economic and social systems of the European Union and third countries, and will give rise to risks of conflict; urges the Commission and the European Union to respond in ways commensurate with the situation;

7.   Considers that, even if there is a need for more specific data in certain fields, this should not be taken as an excuse for postponing measures which need to be taken to ensure sustainable use of natural resources; notes, furthermore, that the knowledge currently available is sufficient to permit practical action to be taken now to improve the sustainable consumption of natural resources;

8.   Stresses the essential objectives of sustainable use of natural resources, including a high level of protection of the environment and public health, the availability of natural resources for future generations, a contribution to the stability and prosperity of our economic and social system and limiting the use of resources in order to reduce and stabilise environmental impact;

9.  Considers that the Commission should take Parliament, European public opinion and the environment seriously, and calls on the Commission to set binding targets and timetables for natural resources in the following way:

   a) to develop and implement best practices for every production chain,
   b) to achieve a quantitative greenhouse gas reduction of at least 30% by 2020 and of 80% by 2050 against 1990 levels;

10.   Encourages the Commission to define best practices for the major product groups, starting with the "top-ten" (defined by the Commission), to be completed within three years. The Data Centre for Natural Resources (proposed in the Thematic Strategy) shall be responsible for defining best practices;

11.  Encourages the Commission to propose Community policies in order to:

   foster stakeholder interaction and promote application of life-cycle assessments (LCA) and/or other methods among companies and provide information upon request,
   develop CO2 targets on a national and a sectoral basis;

12.   Considers that the Thematic Strategy should include guidelines explaining the necessary measures for certain sectors and required changes proposed for policies to reach a sustainable or more efficient resource use;

13.   Considers that, by postponing practical action, the EU will surrender its competitive position in the field of innovation and trade in new eco-efficient technologies;

14.   Considers that the European Union should take the lead in the search for innovative solutions and in promoting more efficient use of resources, and that it should aim to be the world leader in eco-efficient technologies; notes that the market for sustainable products will have to grow in order to meet the increasing demand from a rapidly growing 'middle class' for consumer goods and services which respect regional and global carrying capacity;

15.   Welcomes the acknowledgement by the Commission that policy on the sustainable use of natural resources has so far proven inadequate;

16.   While acknowledging that working towards the sustainable use of natural resources is a long-term process, considers that a time horizon of 25 years as outlined in the Commission's communication is too long;

17.   Welcomes the Commission's focus on life-cycle thinking throughout the Communication and encourages the Commission to follow this approach through to concrete policy action;

18.   Stresses that R&D efforts must be geared towards enhancing our understanding of how natural systems work so as to structure production and consumption systems along biological lines, thereby improving resource productivity and reducing pollution;

19.   Considers the establishment of a European Data Centre before 2008 to be useful if its remit is to periodically assess and optimise the known indicators and in addition to establish which further indicators are still needed to facilitate the pursuit of the urgent objective of reducing the environmental and health impact of the use of natural resources to a minimum;

20.   Does not agree with the Commission that no indicators are known which would enable specific, clear and time-tabled objectives to be included in the Thematic Strategy now; notes that indicators which are already known include GDP (Gross Domestic Product ), DMI (Direct Material Input ) and DMC (Domestic Material Consumption ); other indicators as available and detailed as the ones mentioned above would be related to various aspects of the quality of life, such as public health conditions, social inclusion, social awareness of decision-making processes and an environmental "footprint"; the challenge would be to improve the quality of life by pursuing more immaterial goals with the support of information and communication technologies, and in general less demanding technologies, and therefore reducing the pressure on natural resources;

21.   Proposes that the Commission perform within three years an assessment regarding the possibilities and the instruments for decoupling natural resource use from economic growth. The revised Thematic Strategy should include these decoupling instruments. This approach should also be implemented in the revision of existing policies;

22.   Stresses the need to develop a complement to the GDP - focusing on the qualitative aspects of growth - and in this process specifically develop methodologies to assign a value to natural capital;

23.   Considers that, if reductions in the use of natural resources are accompanied by a switch to an alternative, research should first be conducted into the environmental impact of the alternative in question;

24.   Calls on the EU to ensure that all Community instruments and legislation contribute overall to the conservation of natural resources and the pursuit of sustainable development in the EU and countries outside the EU; the EU should encourage the establishment of resource strategies in non-EU countries, which should also be reflected in its funds and aid policy;

25.   Considers it important to tackle not only Community use (use within the EU) of natural resources but also imports of resources from third countries;

26.   Stresses the need to address the obvious shortcomings of the current economic model with regard to assigning a value to ecosystem services, and to present a policy framework giving priority to resource efficiency and production systems progressively structured along biological lines;

27.   Considers that by 2030 the use of primary non-renewable resources in the EU must be reduced by a factor of 4, or the use of natural resources must be halved by 2030 while simultaneously increasing worldwide prosperity; notes that the following indicators can be used: TMR (Total Material Requirement) , DMI (Domestic Material Input ) and DMC (Direct Material Consumption ); notes that these indicators show what quantities of resources are used in an economy and that by dividing GDP by these indicators it is possible to measure the productivity of natural resource use;

28.   Agrees that at present there are very few aggregated impact indicators that are already widely accepted for measuring the progress of reductions in the environmental impact of resource use, the so-called eco-efficiency indicator; considers that these need to be finalised as soon as possible and at the latest by 2008; notes that in this respect the further development of "environmentally weighted material consumption" (EMC) should be actively supported;

29.   Considers that market instruments and subsidies, particularly of a fiscal nature, can be used to reduce the use of environmentally damaging resources, particularly by means of a re-allocation of subsidies and by reducing in stages, but quickly, any subsidies to unsustainable activities and supporting the introduction of ecotaxes; abolishing harmful subsidies on resource use should be incorporated in the Commission's preparation of a roadmap as demanded in the Sustainable Development Strategy;

30.   Considers that a re-allocation of subsidies, for example more subsidies for small-scale hydroelectric power, as well as for wind power and solar energy, would promote the use of new technologies and improve Europe's competitive position in the world, as well as reducing dependence on fossil fuels imported from other parts of the world;

31.   Notes that the decoupling of economic growth and improvement of the efficiency of resource use is already regarded as a political objective in nine Member States (including Germany and Finland) and Japan; considers that relative decoupling is not sufficient, given that absolute consumption of natural resources remains too high; stresses therefore that a political programme relating to the sustainable use of natural resources should concentrate on decoupling of economic growth from the use of natural resources that brings about an absolute reduction both in the resources used and in the environmental impact of resource use;

32.   Stresses that the EU should adopt a clear target for the absolute reduction of resource use, given that the analysis in the Annex to the Thematic Strategy indicates that we need to go beyond a 3% annual resource efficiency improvement, and that halving resource use in the period 2005-2030 requires almost 6% annual resource efficiency improvement;

33.   Considers that the adverse impact of the total use of resources in the EU per category of resource must be halved, for example by means of a sectoral approach in the construction industry, transport and other sectors, in order to reduce the impact of the use of these resources and dependence on them;

34.   Considers that the Thematic Strategy should aim to make more efficient use of natural resources, improve their management and the management of waste, adopt more sustainable methods of production and patterns of consumption, and ensure that the use of natural resources does not exceed the potential burden which the environment can withstand;

35.   Proposes that targets be set for resource use reduction in the following sectors: food, housing and transport, as according to recent studies these cause the highest negative impacts;

36.  Therefore calls on the Commission to undertake three key actions:

   a) identify and develop specific policies and actions for the top 20 resources (materials) with the largest impacts; these should be proposed at the latest by 2008,
   b) prepare stakeholder dialogues on the most resource-intensive extraction and production sectors in order to identify sectoral targets and appropriate measures for improving resource efficiency,
   c) develop benchmark criteria for sustainable management and harvesting of biotic resources (e.g. wood, fish, agricultural products);

37.   Calls on the Commission to actively encourage the development of new models of offering products through, for example, product service systems, providing utility to consumers through the use of services rather than products, thereby optimising the use of both energy and materials;

38.   Stresses that efforts to use natural resources more efficiently must be implemented with full attention being paid to the impact of trade and have as a goal to progressively reduce the ecological footprint of the EU in the world;

39.   Considers that the Thematic Strategy should be integrated at various levels of policy and across all relevant policy areas; to this end EU waste prevention, re-use and recycling targets must play a fundamental role;

40.   Asks the Commission to promote technologies focusing on durable, repairable, re-usable and recyclable products;

41.   Considers that repair and re-use of products extends the product life and is a sustainable measure to achieve a reduction in waste generation and to increase resource conservation; therefore asks the Commission and the Member States to actively encourage a "re-use society" by educational, economic and structural measures, such as support to re-use and repair organisations and networks;

42.   Supports the Thematic Strategy's approach to analyse existing policies to raise the Strategy's effectiveness, but proposes to select already in this phase the most relevant existing policies and the ones under preparation (e.g.: Thematic Strategy on the Prevention and Recycling of Waste, Integrated Product Policy); the Thematic Strategy should be consistent with the Lisbon objectives as well;

43.   Proposes the identification of the deficiencies in current European policies which hamper the sustainable use of natural resources;

44.   Notes that the Commission envisages a regular review of the Thematic Strategy beginning in 2010 and continuing every five years thereafter; considers this to be of value but stresses the need for this review to include proper analysis of actions taken towards achieving the sustainable use of natural resources and to take into account the constant need for policy in this area to evolve in relation to scientific developments; the review should also examine the effects in third countries of actions undertaken at EU level;

45.   Considers that agricultural policy, in particular, should be geared partly to reducing pressure on the environment by means of the sustainable use of natural resources including, but not confined to, land, water and fuels;

46.   Stresses the importance of the global dimension of European policy on the sustainable use of natural resources and the need to ensure that any move towards sustainable resource use in Europe does not lead to increased environmental impacts in third countries;

47.   Considers that, in agriculture, genuine progress needs to be made in research into ecological production methods, regulation and monitoring relating, inter alia, to the use of fertilisers, pesticides and water, promotion of short chains, internalising external costs and attaching environmental conditions to economic support;

48.   Considers that the pioneering role and responsible use of natural resources in organic and sustainable farming should be acknowledged and supported;

49.   Considers that, as various fish species are currently among the most threatened long-term resources, and as the disappearance of species may result in further ecological changes, a responsible and strict fisheries policy is called for;

50.   Considers that the Member States must implement the EU's biodiversity strategy, both in fisheries and in other fields, and, in cooperation with the Commission, must take measures to attain the objective of halting the decline of biodiversity by 2010;

51.   Welcomes the proposal for the international panel which will include participants from developing countries and which will, inter alia, develop sustainability benchmarks for extracting, harvesting and transporting materials and products coming from outside the EU, including not only material quality standards but also production quality standards, taking account of social and environmental issues;

52.   Stresses the need for aid to developing countries, to non-EU Eastern European and West Balkan countries, by means of, but not confined to, sharing technology and know-how; adds that Europe cannot decently import biocapacity from other countries without the sustainable use of resources likewise becoming an objective for those countries and without ensuring that it is not importing resources which are over-exploited or threatened;

53.   Considers that developing countries should be helped to meet EU standards and labelling requirements;

54.   Stresses the importance to this Thematic Strategy of the requirement already incorporated in other policy strategies that by 2010 an average of 12% of energy consumption within the EU and 21% of electricity consumption within the EU should be derived from sustainable natural resources, and that the lower of these figures should rise to 15% by 2015;

55.   Aims to align the EU norm for green public procurement with the standard currently achieved by the Member State which performs best;

56.   Considers, in line with policy on renewable energy consumption, that by 2010 an average of at least 12% of the renewable raw materials used in the EU should be derived from sources which are demonstrably managed sustainably, a figure which should rise to at least 15% in 2015; at the same time underlines the importance of the EU target of 20% energy savings by 2020;

57.   Considers that the EU should do everything possible to provide consumers and producers with proper information on the sustainable use of natural resources, that environmental education, particularly concerning sustainable consumption, should form part of elementary education, and that consumers and producers should be involved in ideas concerning changes which could lead to sustainable use of natural resources;

58.   Considers that producers should supply information to the public on the origin and production methods of their products and services and the production chains involved, including information about the environmental impact throughout the cycle through which the product and the resources used in the production process pass; as well as the extent to which the product is repairable, re-usable and recyclable;

59.   Considers that EU policy should be so framed as to encourage Member States to adopt more ambitious approaches – and certainly not discourage them from doing so – with a view to improving the sustainable use of natural resources;

60.   Considers that the Commission should submit by 2008 a roadmap for reform, per sector, of subsidy schemes which have a substantial adverse impact on the environment and are difficult to reconcile with sustainable development, with a view to their gradual abolition;

61.   Welcomes any Commission initiatives which could result in the sustainable use of natural resources and reduce the adverse impact of the use of natural resources on the environment;

62.   Draws attention to the need to improve communication between retailers and consumers; calls on the Commission in this connection to extend the present energy label (refrigerators, cars, buildings) to all energy using product groups by 2010;

63.   Proposes that the Commission develop, within three years, a methodology to measure the environmental impact of every production chain;

64.   Proposes that the Commission monitor on a three-yearly basis the progress in improving resource efficiency;

65.   Recommends using the international panel (proposed in the Thematic Strategy) to extend best practices and CO2 targets to global level;

66.   Instructs its President to forward this resolution to the Council and Commission.

(1) Council document 10117/2006, 9.6.2006.
(2) OJ L 197, 21.7.2001, p. 30.
(3) OJ L 242, 10.9.2002, p. 1.
(4) OJ C 157 E, 6.7.2006, p. 77.
(5) "Ecological footprint' is an expression of the extent to which human beings consume the Earth's resources in terms of hectares of productive land.
(6) Communication to the Spring European Council - Working together for growth and jobs - A new start for the Lisbon Strategy (COM(2005)0024 ).
(7) OJ C 280 E, 18.11.2006, p. 120.


Transatlantic relations
DOC 56k
European Parliament resolution of 25 April 2007 on transatlantic relations
P6_TA(2007)0155 B6-0149 , 0151 , 0154 and 0156/2007

The European Parliament ,

–   having regard to its previous resolutions on transatlantic relations, in particular its two resolutions of 1 June 2006 on improving EU-US relations in the framework of a Transatlantic Partnership Agreement(1) and on EU-US transatlantic economic relations(2) ,

–   having regard to the EU-US Declaration on Combating Terrorism of 26 June 2004 and Declaration on Enhancing Cooperation in the field of Non Proliferation and the Fight Against Terrorism of 20 June 2005,

–   having regard to the outcome of the EU-US Summit held on 21 June 2006 in Vienna,

–   having regard to the forthcoming EU-US Summit to be held on 30 April 2007 in Washington,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas partnership between the EU and the US, based on the shared values of freedom, democracy, the rule of law and respect for human rights, is the cornerstone of security and stability in the Euro-Atlantic area,

B.   whereas, in the fight against international terrorism, it is necessary to stress the importance of fully respecting international law and treaties regarding human rights and fundamental freedoms,

C.   whereas the ongoing situation at Guantánamo Bay and the CIA's secret detention programme are creating tensions in transatlantic relations, since the EU cannot accept those legal irregularities, which undermine the most fundamental values of the rule of law,

D.   whereas the global political and economic order is currently undergoing major changes, giving rise to significant political and economic challenges and posing serious security, social and environmental threats,

E.   whereas the current situation in the Middle East calls for strong cooperation between the EU and the US in the framework of the Quartet and with the League of Arab States (LAS) in order to bring more stability to the region by promoting peace, democracy and respect for human rights,

F.   whereas a strong and functioning partnership between the EU and the US is a vital tool for shaping global development in the interests of common values on the basis of effective multilateralism and international law; whereas strong and consistent political leadership is required to enable the partners to attain that goal,

G.   whereas the US is still unwilling to extend the Visa Waiver Programme and is continuing to impose, on a non-reciprocal basis, a visa requirement on citizens of the eleven new EU Member States, as well as Greece, thereby weakening transatlantic ties and perpetuating inequality among EU citizens,

H.   whereas the transatlantic market, comprising, as it does, the largest bilateral trade and investment relationship in the world, provides employment for 14 million people in the EU and the US, accounts for 40% of world trade and remains the engine of the world economy,

I.   whereas, given their role in the world economy, the transatlantic partners share responsibility for shaping global development and governance in the interest of common values, through effective multilateralism, in order to share prosperity more equally and to address successfully global challenges such as security, global economic governance, the environment and poverty reduction,

J.   whereas a cooperative transatlantic economic relationship is in the mutual interest of the EU and the US and consistent political leadership is needed to strengthen the transatlantic market; supports the German Presidency, therefore, in its effort to make real progress, at the upcoming Summit, in substantially strengthening regulatory cooperation,

K.   whereas the US Senate unanimously adopted a resolution on 9 December 2006 urging both transatlantic partners to work together to strengthen the transatlantic market and to show leadership at the 2007 EU-US Summit in agreeing to set a date for completing the transatlantic market,

L.   whereas financial services are a crucial issue for EU-US relations; whereas further enhanced cooperation, regulatory convergence and a level playing field between the US and the EU in the regulation of financial services are in the interest of both parties,

Political, security and human rights issues

1.   Welcomes the improvement in EU-US relations on an equal basis; believes that this positive backdrop offers serious opportunities for the EU and US to work closely together on a wide range of policy challenges of common concern, notably in the common approach to the Western Balkans, the South Caucasus region, Central Asia, the Middle East, Afghanistan, the Mediterranean, Latin America and Africa;

2.   Calls on the Council and the US administration to intensify efforts, within the framework of the Middle East Quartet, to foster negotiations between Israelis and Palestinians for a comprehensive peace solution on the basis of two secure and viable states; supports the Quartet's call for continued international assistance to the Palestinian people; is of the view that every effort should be made to stabilise the situation in Lebanon; welcomes the re-launch of the Plan adopted by the LAS at the Riyadh Summit, welcomes the formation of the Palestinian national unity government and urges both transatlantic partners to engage in a constructive dialogue with it, taking into account the position of the Council;

3.   Welcomes the recent visits to Damascus by high-ranking American and European politicians; calls for concerted EU-US action to be taken in order to test Syria's unconditional willingness to restart negotiations with Israel and cooperate constructively with the international community;

4.   Welcomes the close cooperation between the EU and the US on the Iranian nuclear issue and encourages both partners to continue cooperation in strengthening the International Atomic Energy Agency (IAEA) and establishing a comprehensive system of international agreements on the non-proliferation of weapons of mass destruction in order to jointly reinforce the Non-Proliferation Treaty as a key element in preventing the spread of nuclear weapons;

5.   Deplores the announcement by Iran that it intends to begin uranium enrichment on an industrial scale, since such a step would directly oppose the repeated requests by the IAEA Board of Governors and the binding calls on Iran by the UN Security Council, in resolutions 1737(2006) and 1747(2007), to suspend all enrichment-related activities,

6.   Believes that fighting terrorism and the proliferation of weapons of mass destruction remain the greatest security challenges for both partners; stresses therefore the need for both sides to reinforce their collaboration in that field and to support the role that the UN must play in combating both challenges;

7.   Believes that it is necessary to define, with the US, a common and shared framework to safeguard the guarantees that are needed in the special EU-US partnership in the fight against terrorism, which could also deal with all aspects concerning the free movement of persons between the EU and the US; considers that, from that perspective, contacts should be strengthened between Parliament and Congress;

8.   Recognises that the sharing of data and information is a valuable tool in the international fight against terrorism and related crime, but stresses that strong data protection guarantees would facilitate data sharing while ensuring protection of privacy, and that such data sharing would in any case need to be based on one or more international agreements similar in structure to the EC/US agreement on judicial cooperation in criminal matters and extradition, which is currently being examined by Congress;

9.   Strongly regrets that the agreements on Passenger Name Records, SWIFT and the existence of the US Automated Targeting System have led to a situation of legal uncertainty with regard to the necessary data protection guarantees for data sharing and transfer between the EU and the US for the purposes of ensuring public security and, in particular, preventing and fighting terrorism; stresses that data should be exchanged where necessary in accordance with the existing EU-US agreement on mutual legal assistance and extradition and in compliance with EC and EU data protection legislation; believes that the sharing of personal data must take place on a proper legal basis, linked to clear rules and conditions, and must be covered by adequate protection of the privacy and civil liberties of individual citizens;

10.   Calls on the US and all other countries which apply entry visas to selected EU Member States to immediately lift the visa regime and to treat all citizens of EU Member States equally; regrets the inclusion of an additional 'information sharing clause' (a PNR clause) in the proposed changes to the US Visa Waiver Programme;

11.   Highlights the fact that many of the measures contained in the legislative proposal 'Improving America's Security Act' of 2007, when adopted by the US Congress, will have a direct impact on EU countries, in particular concerning police and judicial cooperation in the fight against terrorism and the protection of fundamental rights and guarantees;

12.   Welcomes the commitment shown by Vice-President F. Frattini to launching a Euro-Atlantic cooperation framework in the fight against international terrorism, with harmonised rules on the protection of human rights and fundamental freedoms; requests the Commission to continue those efforts and to fully involve Parliament in that initiative;

13.   Notes the newly created High-Level Working Group composed of representatives of the Commission, the Council and US governmental representatives of the Departments of Justice and Homeland Security, which constitutes the framework for EU-US dialogue on security matters; so as to give greater democratic legitimacy to this dialogue, calls for the European Parliament to be involved;

14.   Recalls the resolutions of Parliament calling for the closure of the Guantánamo Bay detention centre; calls on the Council and the Commission to urge the US Government to find a mechanism that will facilitate the charging or releasing of detainees in accordance with international law; is concerned that the very existence of the Guantánamo Bay detention centre continues to send out a negative signal as to how the fight against terrorism is being pursued; urges the Council to issue a clear and forceful declaration calling on the US Government to put an end to the practice of extraordinary arrests and renditions and that the US Government be requested for clarifications regarding the existence of secret prisons outside US territory;

15.   Reiterates the view that NATO, which remains an important tie between many European countries and the US and a guarantor of European security, should develop its potential as a transatlantic forum for political debate in a true partnership of equals;

16.   Welcomes the close cooperation between the US and the EU on the status negotiations in Kosovo and highlights the need to find a balanced and viable outcome on Kosovo's future status; encourages both partners to use the EU-US Summit, to be held on 30 April 2007 in Washington, to endorse their consensus on the Ahtisaari Plan and to continue their dialogue with all parties concerned; recommends, to this end, a closer security relationship between NATO and the EU, in particular in view of the situation in Kosovo, where the EU will take over from United Nations Mission in Kosovo while some 16 000 NATO troops will remain; believes that a stronger EU-US partnership will complement rather than undermine that relationship;

17.   Calls on the US to redouble its efforts to consult and explain its planned missile defence system within NATO in order to allow the Alliance and Europe to remain united, resist foreign pressure and steer clear of disagreement in different areas of security; stresses the importance of consulting on the system within the NATO-Russia Council; stresses that the US system should be coordinated and interoperable with NATO's Theatre Ballistic Missile Defence (TBMD) system;

18.   Calls on the EU Presidency and the US Government to signal to the President of the World Bank, Paul Wolfowitz, that his withdrawal from the post would be a welcome step towards preventing the Bank's anti-corruption policy from being undermined;

Economic and Trade Issues

19.   Stresses that during the upcoming EU-US Summit new impetus should be given to transatlantic relations by updating the New Transatlantic Agenda;

20.   Strongly supports the initiative by the German Presidency of the European Council to launch a New Transatlantic Economic Partnership, with a road map for achieving a barrier-free transatlantic market, to strengthen the position of both partners in global competition and enable them to better use the potential of their economies, without undermining multilateral trade negotiations, including the Doha Round;

21.   Calls on the Presidents of the European Council, the Commission and the USA to use the upcoming EU-US Summit to initiate the negotiation of a new Transatlantic Partnership Agreement, including a strengthened transatlantic market between the EU and the US, covering investment, intellectual property, innovation, public procurement and the relationship between trade and security; calls for both partners to launch negotiations on an effective Agreement on Regulatory Cooperation, including common methodologies, measures to minimise future regulatory divergence, commitments to engage regulatory agencies and measures to engage industries, labour unions and consumer groups; urges that legislators on both sides be systematically involved in the negotiations;

22.   Insists that the negotiations on a barrier-free transatlantic market place must not lead to a downward harmonisation of social, environmental and health standards and must maintain the autonomy and integrity of the EU's competition policy and its rules on the protection of public services and cultural diversity;

23.   Is concerned about the potentially dangerous impact of the growing US federal current account deficit on the global economy and the stability of international currency markets; strongly encourages partners to commit themselves to avoiding excessive deficits, which exacerbate international imbalances;

24.   Welcomes the decision of the German G8 presidency to put the problem of international capital market regulation on the agenda for the next G8 summit; expresses its concern that the US has unilaterally announced new principles for private capital pools, which are based on non-binding transparency measures; requests the Commission to ensure equivalent ownership rights in each other's territory for enterprises; strongly believes that a dialogue on hedge funds and private equities should be engaged in view of the systemic risk their activities represent and the growing debate over their wider social and economic consequences; requests the Commission what it will do in this respect, bearing in mind that the US is preparing proposals; recalls that two-thirds of hedge and private equity funds are based in off-shore centres and therefore asks that their fiscal implications be examined;

25.   Stresses the importance of converging supervisory practices with regard to transatlantic consolidation of stock exchanges; reiterates its request, therefore, for the enhancement of the Financial Markets Regulatory Dialogue via a bi-annual policy review of transatlantic financial services before and after every annual EU-US summit; urges the US-EU Summit to agree on the mutual recognition of accounting standards, based on reliable regulatory supervision; highlights the importance of US implementation of the Basel II Accord on Capital Requirements and of recognition, by the Securities and Exchange Commission, of International Financial Reporting Standards; reiterates with regret the need for EU reinsurers facing highly discriminatory State rules in the US to fully collateralise risks; calls therefore on the US-EU Summit to agree on further transatlantic mutual recognition and uniform solvency and reporting requirements; asks the Commission to ensure that transatlantic mergers and/or purchases of stock exchanges and other financial institutions will not, directly or indirectly, lead to US laws, regulations, or supervisory practices being unilaterally imposed within the EU;

26.   Calls on both sides to bring the WTO Doha Development Agenda to a successful conclusion with full respect for the development dimension; urges the EU and the US, therefore, to declare at the 2007 Summit their full commitment to working towards a positive breakthrough by Summer 2007 and, in addition to their market access and services objectives, to agree a joint approach to promoting enforceable International Labour Organization's core labour standards in the WTO and in bilateral trade agreements, to restate their commitment to the Green Box subsidies in agriculture, together with a common strategy on cross-compliance, bio-fuels, animal welfare, animal health and avian flu, and to underline the importance of the EU-US wine agreement;

27.   Requests the Council and the Commission to discuss with the transatlantic partners how to make progress in the matter of developing countries' access to medicines, and to oppose vigorously the initiative of the US to include in all bilateral agreements, negotiated with developing countries, clauses by which those countries renounce the use of the provision of the Doha Agreement that allows them to produce and import generic drugs needed to tackle major public health problems (AIDS, tuberculosis, etc); is concerned, nevertheless, that Congress's intention to authorise parallel imports of medicines from EU Member States may create obstacles to their availability to EU patients and could encourage counterfeiting; requests the EU, therefore, to raise that issue at the next Summit;

28.   Considers that the EU and the US, representing 38% of world energy consumption, should take the lead through joint efforts to develop alternative energy production and energy efficiency; calls, therefore, on both partners to strengthen their cooperation on energy, energy security and environmental sustainability, to establish a stable and predictable global energy market based on market rules and to seek to include provisions governing energy trade in WTO regulations;

29.   Insists, in this context, on the specific responsibility of developed countries to take the lead in reducing emissions; urges the US to reconsider its position as regards ratification of the Kyoto Protocol; calls, moreover, on the US to take vigorous domestic measures leading to absolute emission reductions and to play an active role in future international negotiations with a view to participating in the future climate change regime; welcomes regional cap-and-trade initiatives in the US and activities at state level leading to a reduction of greenhouse gas emissions; urges the US administration, the Commission, the Council and the Member States urgently to adopt effective measures in order to reduce the impact of aviation on climate change; calls for climate change to be regularly raised at interparliamentary delegation level and in the context of the Transatlantic Legislative Dialogue;

30.   Expects the upcoming EU-US Summit to prepare the ground for a G8 Summit agreement in June for launching a post-Kyoto emissions regime that would involve the US and key emerging economies like China, Brazil, India, Mexico, South Africa and Indonesia, with, among other things, an effective system of carbon emissions trading and the promotion of new technologies;

31.   Welcomes the Joint EU-US Action Strategy for the Enforcement of Intellectual Property Rights adopted at the 2006 EU-US Summit; recommends a review of the patent reform process by both sides;

32.   Renews its request to the Commission (3) , to investigate, as a matter of urgency, the fact that EU companies and sectors with operations in the US, not covered by the Safe Harbour agreement, may currently be forced to make personal data available to US authorities, in particular US branches of European banks, insurance companies, social security institutions and providers of telecoms services;

33.   Encourages the US Administration, the EU Presidency and the Commission to sign the Air Transport Agreement of 2 March 2007 between the US Administration and the EU Commission at the upcoming Summit as the first stage agreement for renewed cooperation between the US and the EU in the very important Transatlantic Aviation Area; hopes that the US will soon ratify that agreement and encourages both sides to start the negotiations for the second stage agreement as soon as possible;

34.   Calls on the European and American partners to take account in their economic relations of the role and special features of the cultural and educational sectors;

Institutional framework and role of Parliament

35.   Emphasises that only the wider involvement, at all levels, of Congress and the Parliament will make it possible to truly improve the whole process and that the existing interparliamentary exchange should be gradually transformed into a de facto 'Transatlantic Assembly';

36.   Calls on the upcoming EU-US Summit to support the parliamentary dimension of the transatlantic partnership, to enhance the role of legislators in the dialogue between the EU and the US, and to involve civil society from both sides of the Atlantic more closely;

37.   Stresses its commitment to continue contributing to the strength and stability of the Transatlantic Partnership through its engagement in the Transatlantic Legislators' Dialogue; supports the effort to establish a legislative early-warning system between the European Parliament and the US Congress;

38.   Urges the EU-US Summit to agree to an adequate level of parliamentary participation in the EU-US Summits and calls for a meeting prior to every summit between the Transatlantic Legislators' Dialogue and the Senior-Level Group to exchange views on the progress of the Work Programme and the preparations for the Summit; reiterates the need to create a stable institutional parliamentary framework;

39.   Requests the Commission to discuss with the relevant EP committees its negotiating strategy before engaging in negotiations with its US counterparts, when those negotiations tackle legislative issues;

40.   Calls on its relevant committee to use the budget for 2007 to provide the necessary funds for establishing a permanent European Parliament official post in Washington DC that ensures proper institutionalisation of Parliament's own activities and allows for an improvement in liaisons between the European Parliament and the US Congress;

o
o   o

41.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the President and Congress of the United States of America.

(1) OJ C 298 E, 8.12.2006, p. 226.
(2) OJ C 298 E, 8.12.2006, p. 235.
(3) European Parliament resolution of 14 February 2007 on SWIFT, the PNR agreement and the transatlantic dialogue on these issues, Texts Adopted, P6_TA(2007)0039 .


Progress report on Croatia
DOC 50k
European Parliament resolution of 25 April 2007 on Croatia's 2006 progress report (2006/2288(INI) )
P6_TA(2007)0156 A6-0092/2007

The European Parliament ,

–   having regard to the decision by the Council on 3 October 2005 to open accession negotiations with Croatia,

–   having regard to the Croatia 2006 Progress Report, published by the Commission on 8 November 2006 (SEC(2006)1385 ),

–   having regard to the recommendations of the EU-Croatia Joint Parliamentary Committee of 3-4 October 2006,

–   having regard to the European Council's Presidency Conclusions of 14-15 December 2006,

–   having regard to its resolution of 13 December 2006 on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007(1) ,

–   having regard to the recommendations of the EU-Croatia Joint Parliamentary Committee of 20 and 21 March 2007,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs (A6-0092/2007 ),

A.   whereas Croatia has continued to make good progress in terms of the political, economic and acquis criteria and should be congratulated on the important steps taken in many fields to adapt its legislation in the light of the screening exercise,

B.   whereas, provided that Croatia addresses the outstanding challenges and develops adequate administrative capacity, negotiations should continue at a sustained pace and should lead, as soon as all the criteria have been met and the negotiations are completed, to a timely accession of Croatia to the European Union,

C.   whereas Croatia should do its outmost to carry out the necessary reforms so that the negotiations can be concluded in time for the European Parliament to give its assent before the next EU parliamentary election in June 2009,

D.   whereas Croatia's accession prospects have a regional dimension since they are a tangible sign that, in accordance with the conclusions of the 2003 Thessaloniki European Council, the future of all Western Balkans countries really lies in the European Union, as confirmed in various resolutions of the European Parliament,

E.   whereas Croatia is expressly supporting the European aspirations of its neighbours,

F.   whereas lessons from past enlargements show that each country should be judged on its own merits, that the pace of accession negotiations should be dictated by effective compliance with the Copenhagen criteria and that the degree of compliance with such criteria should also determine the final date of accession,

G.   whereas the Treaty of Nice does not provide an adequate basis for further enlargements, and whereas the essential substance of the Treaty establishing a Constitution for Europe should therefore enter into force by the end of 2008, in order to create the necessary conditions for future enlargements and enable the Union to work more effectively, more transparently and more democratically, this being a prerequisite for further enlargements; whereas, moreover, the Commission and the Council must work intensively on creating the necessary preconditions for enlargement–- and specifically for Croatia's accession to the EU,

H.   whereas responsibility for ensuring the European Union's capacity for further successful enlargement lies with the Union and not with the candidate countries,

I.   whereas the joint screening process was successfully completed in October 2006 and bilateral negotiations with Croatia could subsequently start on specific aspects of the acquis,

J.   whereas so far six different chapters of the acquis have been opened and two, concerning science and research and education and culture, have been provisionally closed,

K.   whereas the Commission has already made use of benchmarks in order to monitor progress by the Croatian authorities in crucial and sensitive areas such as competition policy, public procurement, the free movement of capital, justice, freedom and security, social policy and employment,

L.   whereas Croatia's efforts to meet the accession criteria need to be sustained and matched by effective implementation measures and adequate monitoring mechanisms,

M.   whereas a thorough reform of the public administration and the judiciary, together with the police, is central to, and a necessary condition for, achieving the standards required for EU accession,

N.   whereas a thorough and objective analysis of the region's recent history, true reconciliation between the different peoples and the establishment of good neighbourly relations can substantially contribute to a genuine European integration process,

O.   whereas the prosecution of war crimes and the reintegration of refugees and displaced persons are fundamental elements of the reconciliation process,

1.   Notes that Croatia has already made considerable progress on the way to EU accession;

2.   Considers, in line with the Commission's communication on Enlargement Strategy and Main Challenges 2006-2007 (COM(2006)0649 ), that Croatia continues to meet the political criteria for accession and can be regarded as a functioning market economy that should be able to cope with competitive pressures and market forces within the Union in the medium term, provided that it vigorously implements its reform programme so as to remove the significant remaining weaknesses;

3.   Congratulates the Croatian authorities on the rapid progress made so far in accession negotiations, particularly in the adoption of key pieces of legislation in crucial areas such as public administration, the administration of courts and anti-corruption policy;

4.   Supports the government and opposition in their efforts, despite the forthcoming elections, to take necessary, albeit sometimes difficult decisions, particularly in the field of competition policy and state aid, and points out that those decisions will ultimately benefit all Croatian citizens;

5.   Asks the Croatian government to strengthen its capacity to implement laws transposed from the acquis communautaire into national legislation in all fields, especially in the area of the environment;

6.   In this regard, urges the Croatian authorities to take into due consideration the concerns raised by local communities and public opinion with regard to controversial industrial projects which might pose a threat to the environment or public health, and calls on them to set up a clear and transparent procedure whereby all stakeholders, and not merely investors, can be informed and consulted;

7.   Invites the Croatian government in this regard to fully respect and implement international documents such as the Aarhus Convention and to eventually ratify the Kyoto Protocol in accordance with the most recent EU environmental strategies;

8.   Is concerned by flagging public support for EU accession in Croatia and welcomes the fact that the Government and the opposition are joining forces in explaining to the public the economic, political, social and cultural benefits resulting from the accession process; calls on the Commission to intensify its own information activities concerning the above-mentioned benefits;

9.  Emphasises the need to implement rapidly and effectively the reforms adopted so far in order to further modernise Croatia and thereby to further strengthen and stabilise democracy and the social market economy; in this respect:

   a) notes that the provisions in the Civil Service Act introducing transparency and objectivity in the appointment and assessment of civil servants will not enter into force until after the next election; further notes that this decision could create an impression of delay in this important area and thereby encourage the view that the government's determination to reform public administration is less than wholehearted, even though the ending of political interference in the civil service is of the highest importance to the present government;
   b) notes the commitment of the Croatian Minister for Justice to pursue the rationalisation, as announced, of the number of courts operating in the country, in order to make them more professional and efficient; reminds the Minister that this process must go hand in hand with the establishment of adequate procedures and criteria for appointing and assessing judicial staff aimed at providing sufficient guarantees for a professional and independent judiciary; welcomes in this respect the establishment of a working party for the development of new framework criteria for the assessment of judges and the amendment of the Courts Act introducing the obligation for judges to declare their assets and the possibility of transferring judges to overburdened courts; is convinced that the backlog of cases should be further tackled by promoting alternative dispute resolution mechanisms with the aim of achieving an effective judicial system;
   c) commends Croatia for fully cooperating with the International Criminal Tribunal for the Former Yugoslavia (ICTY); is concerned, however, that, as shown by recent judicial decisions, the effective prosecution of war crimes might be undermined by hostility at local level, persisting bias amongst some of the judicial staff against non-Croatian nationals and insufficient protection of witnesses against intimidation; urges the Croatian Government to continue actively to encourage and support the prosecution of war crimes, regardless of the nationality of the perpetrators; is also concerned about certain initiatives taken by the Government, notably its offer to support the defence costs for army generals and its request to act as amicus curiae in cases pending before the ICTY;
   d) takes the view that the all Croatian institutions and parties should counteract the public's perception of the ICTY as a hostile institution and publicise the role which the ICTY plays in prosecuting crimes committed against Croat civilians;
   e) notes that an appropriate legal framework is in place concerning the protection of minorities as well as a demonstrated commitment to integrating minorities in the political system; recalls the importance of guaranteeing adequate representation of those minorities in the civil service, in the police forces and in the judiciary, as well as equal treatment in property-related and economic matters; calls for the development at all levels of state administration of a concrete action plan for achieving proportional representation of minorities, pursuant to the provisions of the Constitutional Law and with adequate provisions for monitoring;
   f) notes with satisfaction the positive developments in the process for the return of refugees and displaced persons; invites the Government to further encourage return by seeking fair, effective and sustainable ways of addressing the issues of housing and employment, these being the main concerns of prospective returnees; asks the Croatian authorities to guarantee water and electricity services for all villages concerned;
   g) welcomes the Government's new five-year plan to tackle the issue of housing provision for former tenancy right-holders outside the areas of special state concern; in this context, emphasises the need for the accelerated implementation of the new action plan, in order to address the pressing needs of the population concerned;
   h) yet again invites the Croatian authorities to reopen the deadline for the recognition of working years in respect of people who worked in the so-called "Republika Srpska Krajina" during the conflict and to allow these non-residents too to apply for such recognition; reminds the authorities that this would be a tangible sign of Croatia's willingness to overcome the rifts left by the conflict and promote reconciliation in the country;
   i) is pleased to note Croatia's steadily increasing economic growth, based on an ambitious reform agenda and on strong private investment, and hopes that this will be soon translated into more and better jobs;
   j) reminds the Croatian authorities that an open, competitive market economy is a fundamental requirement for EU membership; urges them therefore to implement more seriously and expeditiously the agreed targets for the sale of minority and majority state-owned interests in companies and for the reduction of state subsidies, particularly in the shipbuilding and steel sectors; believes that more should be done to open the Croatian market to foreign investors and service providers and to place them on the same footing as national operators; appeals to Croatia to authorise, by making full and expedient use of its existing procedures, the acquisition of real estate by EU nationals, with the exception of the exempted areas; recalls that the above objectives are already envisaged in the Stabilisation and Association Agreement with Croatia;
   k) calls on the Croatian government to strengthen its administrative capacity in order to benefit intensively from the Instrument for Pre-Accession Assistance;

10.   Commends Croatia for the positive and leading role it plays in south-eastern Europe and welcomes in this respect the activities of the Croatian Government in its current capacity as Chairman-in-Office of the South-East European Cooperation Process; calls on Croatia and its neighbouring states to settle once and for all the unresolved border issues;

11.   Urges in particular both the Croatian and the Slovenian governments to exploit all the opportunities available in order to reach an agreement on all their pending border issues, taking into account the agreements reached so far and the conclusions of the European Council of 17-18 June 2004, and invites them to abstain from any unilateral action which might undermine such an agreement;

12.   Urges recourse to the good offices of a third party if solutions with the neighbouring countries cannot be found bilaterally to outstanding border disputes;

13.   Calls on the Commission to further encourage and support a broad-based truth and reconciliation process, in Croatia and throughout the Western Balkans, and to include other neighbouring countries when necessary; firmly believes that this process should involve civil society, political actors and cultural figures, and that it should lay the ground for lasting peace and stability in the region; considers that this reconciliation process must, in particular, target young people and that it should include a thorough review of school books and curricula for history studies;

14.   Encourages in this respect all efforts made by Croatian civil society to engage the public in debates and to raise public awareness about the recent past of the Western Balkans; stresses that Croatian non-governmental organisations are a fundamental and indispensable element of a genuine pluralistic society; calls on the Croatian Government to support education in the field of recent history that fosters mutual understanding;

15.   Calls on the new Member States to play an active role in Croatia's move towards accession, allowing Croatia to benefit from their experience of reforms;

16.   Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Croatia.

(1) Texts Adopted , P6_TA(2006)0568 .

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