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Procedure : 2000/0067(COD)
Document stages in plenary
Document selected : A5-0344/2000

Texts tabled :

A5-0344/2000

Debates :

Votes :

Texts adopted :

P5_TA(2000)0533

Texts adopted
Thursday, 30 November 2000 - Brussels
Oil tankers ***I
P5_TA(2000)0533A5-0344/2000
Text
 Resolution

Proposal for a European Parliament and Council regulation on the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers (COM(2000) 142 - C5-0173/2000 - 2000/0067(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
(Amendment 1)
Recital 13
   (13) the requirements of Regulation 13G of Annex I of MARPOL 73/78 for existing single hull oil tankers to comply with the double hull or equivalent design standards apply only to crude oil tankers of 20 000 tons deadweight and above and to product carriers of 30 000 tons deadweight and above. The double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 apply to oil tankers of 600 tons deadweight and above delivered after 6 July 1996. This difference in size limits in the scope leaves the category of single hull crude oil tankers delivered before 6 July 1996 and having a deadweight between 600 and 20000 tons deadweight as well as product carriers delivered before 6 July 1996 with a deadweight between 600 and 30000 tons unaffected. In view of the importance of this lower tonnage category of oil tankers for the intra-Community trade similar measures should be adopted to ensure that these tankers will also have to comply with the double hull or equivalent design standards of MARPOL 73/78. For that purpose a phasing-in of the double hull or equivalent design standards of MARPOL 73/78 should be established for this category of single hull oil tankers as a condition for entering into a port or the internal waters of a Member State of the Community;
   (13) the requirements of Regulation 13G of Annex I of MARPOL 73/78 for existing single hull oil tankers to comply with the double hull or equivalent design standards apply only to crude oil tankers of 20 000 tons deadweight and above and to product carriers of 30 000 tons deadweight and above;
(Amendment 2)
Recital 15
   (15) the accelerated phasing in of the double hull or equivalent design requirements for single hull oil tankers should be accompanied by complementary measures aimed at encouraging the trading with double hull or equivalent design oil tankers in advance of the accelerated phasing-in scheme. These complementary measures should consist of providing financial incentives for double hull or equivalent design oil tankers and disincentives for single hull oil tankers operating to or from ports of the Member States in the Community;
Deleted
(Amendment 3)
Recital 16
   (16) these complementary measures should be based upon the principles established in Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers(1 ). These principles foresee the application of reduced port and pilotage dues for the most environmentally friendly oil tankers as opposed to those offering less protection against oil pollution;
_____________
( 1 ) OJ L 319, 12.12.1994, p. 1.
Deleted
(Amendment 4)
Recital 17
   (17) Council Regulation (EC) No 2978/94 does not take into account the higher level of protection against accidental oil pollution offered by double hull or equivalent design oil tankers as compared to single hull oil tankers. Therefore the Regulation does not differentiate between double hull oil tankers and single hull oil tankers fitted with segregated ballast tanks with regard to the reduction of port and pilotage dues;
Deleted
(Amendment 5)
Recital 19
   (19) in view of aiming at promoting the trading to European ports of double hull or equivalent design oil tankers, the financial incentive system of Council Regulation (EC) No 2978/94 should be replaced by a system that during the period of the accelerated phasing-in scheme encourages the operation of oil tankers complying with the double hull or equivalent design requirements and discourages the operation of oil tankers not complying yet with these requirements. For that purpose Council Regulation (EC) No 2978/94 should be repealed;
Deleted
(Amendment 6)
Recital 20
   (20) the financial incentives for oil tankers complying with the double hull or equivalent design standards and financial disincentives for oil tankers not yet complying with these standards should be based upon a combined system providing a reduction of port and pilotage dues for oil tankers complying with the double hull or equivalent design standards and applying a surcharge on the port and pilotage dues for oil tankers not yet complying with these standards;
Deleted
(Amendment 7)
Recital 21
   (21) Port and pilotage dues should be proportionate with the services rendered and be calculated in a non-discriminatory manner;
Deleted
(Amendment 8)
Recital 22
   (22) this combined system of reductions and surcharges on port and pilotage dues should be balanced to avoid loss of revenues for the providers of port and pilotage services and to avoid that such losses would be at the detriment of the quality of these services or need to be compensated by raising port and pilotage dues for ships unconnected with the transport of oil and oil products;
Deleted
(Amendment 9)
Recital 23
   (23) in view of the progressive increase of the number of double hull or equivalent design oil tankers and the decrease of the number of single hull oil tankers over the period of the accelerated phasing in scheme the balance in revenues for port and pilotage service providers should be achieved by making the reduction on port and pilotage dues for double hull or equivalent design oil tankers regressive with their age and the surcharge on port and pilotage dues for single hull oil tankers progressive with the ship's age. This differential charging system should cease to be applied when the replacement of single hull oil tankers by double hull or equivalent design oil tankers has been fully accomplished;
Deleted
(Amendment 10)
Recital 24
   (24) since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision;
   (24) the measures to be taken 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.
(Amendment 11)
Recital 25
   (25) certain provisions of this Regulation containing references to the regulations of the MARPOL 73/78 Convention may be amended by the Commission, assisted by the Committee, to bring them in line with amendments to these regulations adopted or entered into force. Also the percentages of the reductions and surcharges on port and pilotage dues in the Annex may be amended by that Committee to ensure that the revenues for port and pilotage service providers are kept in balance in view of the pace and extent at which single hull oil tankers are replaced by double hull or equivalent design oil tankers during the phasing-in period;
   (25) certain provisions of this Regulation containing references to the regulations of MARPOL 73/78 may be amended by the Commission, assisted by the Committee, to bring them in line with amendments to these regulations adopted or entered into force.
(Amendment 12)
Recital (25a) (new)
(25a) this Regulation reflects the current state of negotiations in the IMO aimed at amending the MARPOL Convention; an amended MARPOL Convention should seek to introduce safe tankers worldwide; should it prove that the amended MARPOL Convention is not forthcoming by the IMO's scheduled deadline of April 2001 or differs from this Regulation in substantial respects, the European Union should take a unilateral decision to proceed with the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers in its waters; in this case, the original Commission proposal(1 ) should constitute the relevant text;
_______________
( 1 ) OJ C 212 E, 25.7.2000, p. 121.
(Amendment 13)
Article 1, indents
   - an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers, and
   - an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers,
   - a system of financial incentives and disincentives, providing for a reduction on port and pilotage dues for oil tankers complying with the double hull or equivalent design standards and a surcharge on these dues for oil tankers not yet complying with these standards.
(Amendment 14)
Article 4(1)
   1. Member States shall not allow single hull oil tankers to enter into their ports or internal waters after the earliest of the dates specified hereafter, unless such tankers comply not later than the earliest of those dates with the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78:
   1. Member States shall not allow single hull oil tankers to enter into their ports or internal waters after the dates specified hereafter, unless such tankers comply with the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78:
   (1) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 23 years or 1 June 2005.
   (1) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1973 or earlier,
   - 2004 for ships delivered in 1974 and 1975,
   - 2005 for ships delivered in 1976 and 1977,
   - 2006 for ships delivered in 1978, 1979 and 1980,
   - 2007 for ships delivered in 1981 or later.
   (2) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 28 years or 1 January 2010.
   (2) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1977 or earlier,
   - 2004 for ships delivered in 1978,
   - 2005 for ships delivered in 1979,
   - 2006 for ships delivered in 1980,
   - 2007 for ships delivered in 1981,
   - 2008 for ships delivered in 1982,
   - 2009 for ships delivered in 1983,
   - 2010 for ships delivered in 1984,
   - 2011 for ships delivered in 1985,
   - 2012 for ships delivered in 1986 and 1987,
   - 2013 for ships delivered in 1988 and 1989
   - 2014 for ships delivered in 1990 and 1991,
   - 2015 for ships delivered in 1992 or later.
   (3) for crude oil tankers of 600 tons deadweight and above but less than 20 000 tons and product carriers of 600 tons deadweight and above but less than 30 000 tons not meeting the requirements for a new oil tanker in Regulations 13,13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 25 years or 1 January 2015.
   (3) for crude oil tankers of 3000 tons deadweight and above but less than 20 000 tons and product carriers of 3000 tons deadweight and above but less than 30 000 tons: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1974 or earlier,
   - 2004 for ships delivered in 1975 and 1976,
   - 2005 for ships delivered in 1977 and 1978,
   - 2006 for ships delivered in 1979 and 1980,
   - 2007 for ships delivered in 1981,
   - 2008 for ships delivered in 1982,
   - 2009 for ships delivered in 1983,
   - 2010 for ships delivered in 1984,
   - 2011 for ships delivered in 1985,
   - 2012 for ships delivered in 1986,
   - 2013 for ships delivered in 1987 and 1988,
   - 2014 for ships delivered in 1989, 1990 and 1991,
   - 2015 for ships delivered in 1992 or later.
   (4) for crude oil tankers of 600 tons deadweight and above but less than 20000 tons and product carriers of 600 tons deadweight and above but less than 30000 tons meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 30 years or 1 January 2015.
1a. A Category (1) oil tanker of 25 years or more after its date of delivery shall comply with either of the following provisions:
   (a) it shall have wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of Regulation 13F(4) of Annex I of MARPOL 73/78: or
   (b) it shall operate with hydrostatic balanced loading, taking into account the guidelines developed by the IMO(1).
1b. The Administration may allow continued operation of a Category (1) oil tanker beyond 2005, and a Category (2) oil tanker beyond 2010, in accordance with a special survey regime (as laid down in the Annex).
____________
( 1 ) Refer to requirements for application of hydrostatic balanced loading in cargo tanks adopted by resolution MEPC.64(36)
(Amendment 15
Article 4(2)
   2. Other structural or operational arrangements such as hydrostatically balanced loading as referred to in Regulation 13G(7) of Annex I of MARPOL 73/78 shall not be accepted as alternatives for compliance with the requirements of paragraph 1.
Deleted
(Amendment 16)
Article 5
Article 5
Differential charging of port and pilotage dues for double hull and single hull oil tankers
   1. Member States shall ensure that port and harbour authorities and pilotage authorities, when charging port and pilotage dues to oil tankers, apply a differential charging system to the effect that:
Deleted
   - The fees for double hull oil tankers are at least reduced with the percentages mentioned in the Annex in comparison with the fees applied to single hull oil tankers of the same deadweight having an age of less than 5 years, and
   - The fees for single hull oil tankers are at least increased with the percentages mentioned in the Annex in comparison with the fees applied to single hull oil tankers of the same deadweight having an age of less than 5 years.
   2. Where the fees for port and pilotage dues are charged on another basis than deadweight, Member States shall ensure that the charging system applied by port and harbour authorities and pilotage authorities provides at least the same percentages of reduction in fees for double hull oil tankers and increase in fees for single hull oil tankers as mentioned in paragraph 1.
   3. The differential charging system for port and pilotage dues shall cease to apply on the latest of the dates referred to in Article 4.
(Amendment 17)
Article 7
Article 7
Monitoring and reporting
   1. Member States shall regularly verify that port and harbour authorities and pilotage authorities apply correctly the differential charging system specified in Article 5.
   2. The Member States shall send to the Commission annually a report on the results of this verification, including breaches committed by their port and harbour authorities and pilotage authorities. The report shall be provided at the latest by 30 April of the year following the year upon which it reports.
Deleted
(Amendment 18)
Article 8
   1. The Commission shall be assisted by the committee instituted by Article 12, paragraph 1, of Council Directive 93/75/EEC (1 ).
   1. The Commission shall be assisted by a regulatory committee as referred to in Article 5 of Decision1999/468/EC, having regard to Articles 7 and 8 thereof.
   2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Council Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof.
   2. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
   3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
________________
( 1 ) Council Directive concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247, 5.10.1993, p. 19).
(Amendment 19)
Article 9(2)
   2. The percentages for the reductions and surcharges of the differential charging system for port and pilotage dues in the Annex may be amended in accordance with the procedure laid down in Article 8, to take account of the pace and extent of the replacement of single hull oil tankers by double hull oil tankers during the phasing in period.
Deleted
(Amendment 20)
Annex
Text proposed by the Commission
Differential charging of port and pilotage dues for double hull or equivalent design oil tankers and single hull oil tankers
Minimum percentages of reductions and surcharges
to be applied as referred to in Article 5.

Ship's age

0-5

5-10

10-15

15-20

20-25

>25

Reduction for double hull or equivalent design oil tankers

   -
25%

   -
20%

   -
15%

   -
10%

   -
5%

None

Surcharge for single hull oil tankers

None

+ 10%

+ 15%

+ 20%

+ 25%

+ 30%

Amendment by Parliament
Deleted

(Amendment 21)
Annex (new)
Annex
A . Special survey regime for category (1) tankers (crude oil tankers of 20 000 tons deadweight and above, and product carriers of 30 000 tons deadweight and above, not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) and for category (2) tankers (crude oil tankers of 20 000 tons deadweight and above, and product carriers of 30 000 tons deadweight and above, meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) as a condition for continuing to operate beyond the year 2005 and the year 2010 respectively.
   1. The special survey must be carried out in conjunction with the last enhanced annual, intermediate or periodical survey preceding the deadline of 1 January 2005 and 1 January 2010 respectively and carried out in accordance with the Condition Assessment Scheme (CAS). Subject to successful conclusion of the special survey, the ship may be allowed continued operation. However, it shall in no case be permitted after 1 January 2007 and 1 January 2015 respectively.
   2. The special survey must be carried out by a classification society other than the organisation recognised by the flag State to carry out the enhanced surveys necessary for the issuance of the ship's statutory certificates. The main objective of the special survey by a classification society other than the organisation recognised by the flag State is to validate the last thickness measurements made by the latter including the verification of the inspection of the outside of the ship's bottom as required under the HSSC (IMO Resolution A. 746(18) Survey Guidelines under the Harmonised System of Survey and Certification) system (dry docking or underwater survey), as well as to calculate again the girder strength on the basis of the thickness measurements obtained.
   3. If the other classification society at the special survey identifies substantial corrosion or structural defects which, in its opinion, may impair the structural integrity of the ship, then corrective action should be completed to the satisfaction of that recognised organisation, before the ship can be given an extension to operate beyond 1 January 2005 and 1 January 2010 respectively, as referred to in paragraph 1. When necessary, the other recognised organisation shall undertake an additional survey to satisfy itself of the completeness and quality of the requested corrective actions. If the other recognised organisation at the special survey identifies minor corrosion or structural defects which, in its opinion, should not impair the structural integrity of the ship, that classification society shall follow up the development of these defects by checking them at annual intervals.
   4. Ships of this category falling within the scope of this Regulation should carry certificates that provide evidence that the special survey(s) have been carried out to the satisfaction of the verifying recognised organisation, including the results of these verifications.
   B. This annex shall be modified in accordance with the procedure in Article 8 to accord with the agreement reached within the IMO.

(1) OJ C 212 E, 25.7.2000, p. 121.


European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers (COM(2000) 142 - C5-0173/2000 - 2000/0067(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 142 (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 (C5-0173/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy, (A5-0344/2000 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text, or if the amendment of the MARPOL Convention announced by the IMO for April 2001 should not take place, or departs in essential points from this regulation;

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

(1) OJ C 212 E, 25.7.2000, p. 121.

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