Procedure : 2005/0241(COD)
Document stages in plenary
Document selected : A6-0063/2007

Texts tabled :

A6-0063/2007

Debates :

PV 24/04/2007 - 11
CRE 24/04/2007 - 11

Votes :

PV 25/04/2007 - 11.5
CRE 25/04/2007 - 11.5
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2007)0148

REPORT     ***I
PDF 244kWORD 191k
8 March 2007
PE 378.569v02-00 A6-0063/2007

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))

Committee on Transport and Tourism

Rapporteur: Paolo Costa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Legal Affairs
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(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.

Text proposed by the Commission  Amendments by Parliament

Amendment 1

Recital 3 a (new)

 

(3a) The insurance arrangements required under the Athens Convention 2002 must be appropriate to the capacities 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 shipowners 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 this Regulation to be implemented without affecting existing insurance schemes.

Justification

If the system of compensation is to function realistically and effectively, insurance companies must be able to fulfil the provisions of the Convention, and there must also be a way to ensure the viability and competitiveness of shipping companies, particularly those of small and medium size.

Amendment 2

Recital 4

(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger.

 

(4) 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 fault.

Justification

It should be clarified that any advance payments to a passenger made while the process of establishing fault and/or liability is ongoing should not constitute recognition of liability in legal terms.

Amendment 3

Recital 5

(5) Appropriate information on the new rights being conferred on passengers should be provided to those passengers prior to the journey.

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

Justification

To guarantee a high standard of information for passengers on their new rights.

Amendment 4

Recital 7 a (new)

 

(7a) Owing to the need for greater consultation among the Member States on matters of maritime safety, it is vital to reassess the EMSA’s competences and possibly consider extending its powers.

Justification

As with the European Aviation Safety Agency, it appears vital to consider whether the EMSA’s powers might need to be extended and, if its powers are indeed increased, whether this would boost the EU’s capacity to respond to maritime accidents.

Amendment 5

Recital 7 b (new)

 

(7b) The national authorities, particularly the port authorities, play a fundamental and vital role in identifying and managing the various risks for maritime safety.

Justification

Reference should be made to the fundamental role played by national authorities and particularly the port authorities in the timely identification and management of the various risks to maritime safety.

Amendment 6

Article 3, paragraph 1

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.

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 reservation of paragraph 1 of the guidelines for implementation of Convention adopted by the Legal Committee of the IMO on 19 October 2006, both annexed to this Regulation.

Justification

The special scheme for liability concerning terrorist risk that has been set up by IMO legal Committee should be upheld in order to reach a financially sustainable coverage of those risks through the insurance market.

Amendment 7

Article 4, paragraph 1

Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation.

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.

Justification

As article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through co-decision procedure.

This technical amendment corrects an unlawful drafting from the Commission and JURI as it is possible neither to require unanimity for the adoption or the amendment of a Regulation taken in codecision (Commission and JURI) nor to ignore the competence of the Parliament in the codecision process (JURI).

Amendment 8

Article 4, paragraph 1 a (new)

 

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

Justification

Article 19 of the Athens Convention 2002 states that: "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."

As it stands, Article 19 would authorise a carrier liable for death or injury to passengers on the basis of the Athens Convention 2002 to limit his liability by referring to global liability ceilings imposed by other international Conventions(2). In some case, these global liability ceilings might prevent passengers from recovering a substantial part of their claims under the Athens Convention which entitles passengers to recover 250 000 SDR minimum without any global ceiling (a global ceiling fixes a total amount for all claims for any given incident/accident).

The consequence of this amendment will be that no other international Convention could be opposed to victims to limit their claims for death or injury on the basis of Article 3.1 and 7 of the Athens Convention.

Amendment 9

Article 5

In the event of the death of, or personal injury to, a passenger the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the identification of the person entitled to damages. In the event of death this payment shall not be less than EUR 21 000.

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 shall make an advance payment sufficient to cover immediate economic needs, within 15 days from 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.

Justification

For evident reasons of justice, it is important to ensure that passengers have access to advance payment in the cases referred to, in order to cover economic needs. For reasons of justice, carriers should be able to recover the advance payment if they were in fact cleared of fault. This provision is consistent with the legislation applicable in the field of air transport, i.e. Regulation (EC) No 889/2002 amending Regulation (EC) No 2027/97.

It is necessary to limit the possibility of an advance payment to claims resulting from shipping incidents because in this case only a strict (automatic) liability is engaged (up to 300 000 euros per passenger's claim) and no fault would have to be assigned to the carrier beforehand in order to benefit from the advance payment. The advance payment will thus be swifter because it will not lead to disputations on the existence of a fault. Finally it is also fair not to allow any advance payment when the passenger has been injured following an incident which does not involved the whole ship (for example a passengers falls on the deck following abuse of alcohol).

It is also necessary to include the performing carrier whose strict liability may also be engaged following Athens Convention 2002 (Art.1.1 and 3).

Amendment 10

Article 5, paragraphs 1 a and b (new)

 

An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation and is not returnable except where the person who received the advance payment was not the person entitled to compensation or the carrier is deemed not at fault.Receipt of an advance payment shall enable the carrier, the performing carrier or the passenger to initiate judicial proceedings to establish liabilities and fault.

Justification

A similar provision is included in Regulation (EC) 889/2002 of 13 May 2002 amending Council Regulation (EC) 2027/97 on air carrier liability in the event of accidents.

For evident reasons of justice, it is important to ensure that passengers have access to advance payment in the cases referred to, in order to cover economic needs. For reasons of justice, carriers should be able to recover the advance payment if they were in fact cleared of fault. This provision is consistent with the legislation applicable in the field of air transport, i.e. Regulation (EC) No 889/2002 amending Regulation (EC) No 2027/97.

For evident reasons of justice, it is important to ensure that passengers have access to advance payment in the cases referred to, in order to cover economic needs. For reasons of justice, carriers should be able to recover the advance payment if they were in fact cleared of fault. This provision is consistent with the legislation applicable in the field of air transport, i.e. Regulation (EC) No 889/2002 amending Regulation (EC) No 2027/97.

Amendment 11

Article 6, paragraph 1

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

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, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment.

Justification

Legal clarification to increase the legal certainty of the regulation and passengers’ access to information.

Amendment 12

Article 6, paragraph 2

This information shall be provided in the most appropriate format.

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 tours1.

___________________

1 OJ L 158, 23.6.1990, p. 59.

Justification

Legal clarification to increase the legal certainty of the regulation and passengers’ access to information.

Amendment 13

Article 8, paragraph 2 a (new)

 

In relation to domestic carriage by regular ferry lines, it shall apply from two years after [the date of its entry into force or from the date of the entry into force of the Athens Convention 2002 for the Community, whichever is the later].

Justification

A different implementation deadline for domestic ferry lines should be offered to carriers as to ensure efficient and financially sustainable civil liability coverage.

Amendment 14

Article 8, paragraph 2 b (new)

 

In relation to carriage by inland waterways, it shall apply from four years after [the date of its entry into force or from the date of the entry into force of the Athens Convention 2002 for the Community, whichever is the later].

Justification

See justification to amendment 1. A longer deadline for inland waterway transport is necessary because carriers are not covered by P&I clubs.

Amendment 15

Article 8, paragraph 2 c (new)

 

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 [the date of its entry into force or from the date of the entry into force of the Athens Convention 2002 for the Community, whichever is the later].

Justification

In line with the rapporteur’s position, a different implementation deadline for domestic ferry lines should be offered to carriers so as to ensure efficient and financially sustainable civil liability coverage.

The provision concerning the regions described in Article 299(2) of the EC Treaty makes it possible to set a different implementation deadline for domestic ferry lines in these regions in order to ensure efficient and financially sustainable civil liability coverage that is adapted to the permanent constraints on these regions.

(1)

Not yet published in OJ.

(2)

For claims relating to death or injury to passengers, the LLMC (Convention on limitation of liability for maritime claims - Article 7) has a global liability ceiling of 175 000 SDR multiplied by number of passengers and the CLNI (Convention on limitation of liability for inland navigation (Rhine and Moselle) - Article 7) has a global liability ceiling of 60 000 SDR multiplied by the number of passengers.


EXPLANATORY STATEMENT

EU passengers' rights have been firmly present on the agenda of the common transport policy since the publication of Commission's White paper in 2001(1). As an integral part of this agenda, the protection of EU passengers under an efficient system of liability has been relayed in the different transport modes through the ratification of the Montreal Convention(2) and additional EC rules(3) for air transport and through the publication of Commission's Proposal of Regulation on International Rail Passengers’ Rights and Obligations(4).

As far as passengers by sea are concerned, the implementation of a liability system in EC has been more complex.

The Commission presented on 24 June 2003 a proposal for a Council decision concerning the conclusion by the European Community of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea(5), the Commission proposed that the Community becomes a Contracting Party to the Protocol at the earliest possible moment and that the Member States shall do likewise before the end of 2005.

As no progress has been made on this Proposal within the Council, the Proposal under examination now aims at incorporating the Athens Convention into EC law and adds some adaptations to it, in particular on its scope of implementation.

The proposal will guarantee a level playing field at EU level for civil liability concerning damages caused to passengers and to their belongings, by ship.

The overall objective followed by Commission has to be upheld. Issues of primary importance are tackled and the Proposal should provide to passengers by sea a comprehensive liability scheme, offering a good harmonised basis on civil liability.

1. The Athens Convention

Introduction

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.

The 2002 protocol should enter into force 12 months after being accepted by 10 States, which is not yet the case.

The EU Member States which have signed the 2002 protocol are: FI, DE, ES, SE, UK

The Protocol introduces compulsory insurance to cover passengers on ships and raises the limits of liability. It also introduces other mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. These include replacing the fault-based liability system with a strict liability system for shipping related incidents, backed by the requirement that the carrier take out compulsory insurance to cover these potential claims.

The limits contained in the Protocol set a maximum limit, empowering - but not obliging - national courts to compensate for death, injury or damage up to these limits.

The Protocol also includes an "opt-out" clause, enabling State Parties to retain or introduce higher limits of liability (or unlimited liability) in the case of carriers who are subject to the jurisdiction of their courts.

Compulsory insurance

A new Article 4bis of the Convention requires carriers to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the limits for strict liability under the 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 Special Drawing Rights (SDR) (about Euros 300 000) per passenger on each distinct occasion. Ships are to be issued with a certificate attesting that insurance or other financial security is in force and a model certificate is attached to the Protocol in an Annex.

Limits of liability

The limits of liability have been raised significantly under the Protocol, to reflect present day conditions and the mechanism for raising limits in the future has been made easier.

The carrier is liable, unless the carrier proves that the incident resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission done with the intent to cause the incident by a third party.

If the loss exceeds the limit, the carrier is further liable - up to a limit of 400,000 SDR (480 000 euros) per passenger on each distinct occasion - unless the carrier proves that the incident which caused the loss occurred without the fault or neglect of the carrier.

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 is 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 lies with the claimant.

The liability of the carrier only includes 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, lies with the claimant.

Loss of or damage to luggage and vehicles:

- The liability of the carrier for the loss of or damage to cabin luggage is limited to 2,250 SDR per passenger, per carriage.

- The liability of the carrier for the loss of or damage to vehicles including all luggages carried in or on the vehicle is limited to 12,700 SDR per vehicle, per carriage.

- The liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR per passenger, per carriage.

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

"Opt-out" Clause

The Protocol allows a State Party to regulate by specific provisions of national law the limit of liability for personal injury and death, provided that the national limit of liability, if any, is not lower than that prescribed in the Protocol.

Amendment of limits

The 2002 Protocol introduces a new tacit acceptance procedure for raising the limits of liability. A proposal to amend the limits, as requested by at least one-half of the Parties to the Protocol, would be circulated to all IMO Member States and al States Parties and would then be discussed in the IMO Legal Committee. Amendments would be adopted by a two-thirds majority of the States Parties to the Convention as amended by the Protocol present and voting in the Legal Committee, and amendments would enter into force 18 months after its deemed acceptance date. The deemed acceptance date would be 18 months after adoption, 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 IMO Secretary-General that they do not accept the amendment.

Regional Economic Integration Organizations

For the first time in an IMO Convention, a regional economic integration organization may sign up the document. An article in the Protocol states that 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 the Protocol. A Regional Economic Integration Organization which is a Party to this Protocol will 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. What are the current rules governing liability for transport of passengers by sea in the EU?

As long as the Athens Convention is not approved and/or incorporated in EU law, liability issues for passengers by sea will be governed by two sets of law: the internal law of the Member States and the international law for those Member States that have ratified the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC)(6) or its 1996 Protocol(7).

The liability ceiling foreseen in the two versions of the LLMC are different, the 1996 Protocol which is more "generous" however has a lower liability ceiling than the one foreseen in the Athens Convention. (see table)

 

Maximal amount of reparation per passenger

Athens Convention (1974)

- 46 666 SDR(8)

Athens Convention (as modified in 2002)

(

- 250 000 SDR(9) (full liability for maritime incidents)

- 400 000 SDR(10) (liability for fault)

LLMC 1976

46 666 SDR(11)

with a global limitation of 25 millions SDR(12)

LLMC 1996 Protocol

175 000 SDR(13)

The incorporation of the Athens Convention in EC law would thus give a stronger protection for passengers at EU level while generating some difficulties as regard the coordination of these sets of law.

3. Additional provisions to Athens Convention in the Proposal

Extension of the scope of application to domestic traffic (cabotage) and inland waterways: The scope of the proposed Regulation is wider compared to the scope of the Athens Convention 2002. It covers the scope of the Athens Convention (in order to make the whole Convention fully enforceable within the EU), but is extended to carriage within a single Member State and traffic on inland waterway.

The proposed Regulation removes the possibility for Member States under the Athens Convention 2002 of fixing limits of liability higher than those provided for in the Convention. The Commission invokes as a justification the aim of having total uniformity within the EU.

For damage or loss of mobility equipment/medical equipment belonging to a passenger with reduced mobility, the compensation will be, at the maximum, equivalent to the replacement value of the equipment. This provision is in line with the Proposal on rail's passenger's rights as it stands now in codecision.

An advance payment is provided for in line with the scheme foreseen for air and rail sectors.

Finally, a pre-journey information provision is foreseen, it concerns in particular information on the limits of compensation for death, personal injury or loss and damage of luggage, the right of direct action against the insurer or the person providing financial security and on the entitlement to an advance payment. No particular mean of information is provided for in the Proposal (contrary to air transport - see Regulation on the Blacklist of air carriers and the identity of performing carrier).

4. Position of the Rapporteur

· Extension of the scope of application to domestic traffic (cabotage) and inland waterway transport. It has been mentioned that the implementation of this Proposal to cabotage transport and to inland waterways would create an unnecessary burden for the operators in this sector. But no precise elements have been yet put on the table showing the inadequacy of the extension of the scheme for those markets, particularly concerning the liability ceiling. The Rapporteur is of the opinion that this extension is feasible and that the insurance market will have the capacity to insure these type of risks with a reasonable extra cost for the passengers. However, as operators of domestic traffic by sea and inland waterways are not familiar with the schemes implemented at international level and that the insurance market will have to be mobilised to organise the guarantee and direct actions on risks, it is suggested those operators and actors in the insurance market be given a supplementary deadlines for applying the Regulation, two years for regular ferry lines operating on domestic traffic by sea and four years for inland waterways should be a sufficient time frame in this view.

· Pre-journey information: this provision has to be upheld but it would have to be in line with what has been done in other transport modes (in the air sector, see the Regulation on identity of air carriers). The content of obligation to inform could be made more precise later on (attached to the ticket (general sales conditions) and/or inserted in the brochures).

· Treatment of terrorist risks

The issue of the inclusion, exclusion or special treatment for the terrorist risk in the liability scheme of the Athens Convention is at present under discussion at IMO (legal committee-LEG). It is linked to a so called impossibility of insuring those risks (at least from the P&I point of view) with regard to Article 3.1 (b) of the Convention which states that the carrier is not liable only unless he proves that the incident "was wholly caused by an act or omission done with the intent to cause the incident by a third party". The compromise would consist of having a specific coverage of terrorist risks by organising the currently available war risk insurance in such a way as to establish an entity similar to the P&I Clubs that could act as the provider of insurance cover. This entity could issue a financial guarantee only in respect of the war risk part of the insurance, and be 100% reinsured in the war risk market. According to the latest information from IMO, a London broker would be ready to cover these risks.

Hence a compromise could be found on this issue in the next session of the LEG in October but these discussions will probably not be completed before adoption of the Report at first reading. However the issue could be dealt with through amendments to the Proposal if a special treatment of terrorist risks appears necessary and if EP wants to have the right to co-decide now on this issue and/or wants terrorist risks to be clearly in the scope of the Regulation.

(1)

White Paper “European transport policy for 2010: time to decide”, COM(2001)0370 of 12.9.2001.

(2)

Council Decision (2001/539/EC) of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention).

(3)

Regulation (2027/1997) on air carrier liability in case of accidents as modified by Regulation (889/2002/EC).

(4)

COM(2004)0143, amended by TRAN (Report EP/ TRAN (A6-0123/2005))

(5)

COM(2003)0375.

(6)

FR, LT, NL have ratified the LLMC 1976 but not the Athens Convention.

(7)

DK, FI, DE and MT have ratified the LLMC 1996 Protocol but not the Athens Convention.

(8)

56 000 €.

(9)

300 000 €.

(10)

480 000 €.

(11)

56 000 €.

(12)

30 millions €.

(13)

210 000 €.


OPINION of the Committee on Legal Affairs (22.11.2006)

for the Committee on Transport and Tourism

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))

Draftswoman: Piia-Noora Kauppi

SHORT JUSTIFICATION

The Legal Affairs Committee of the European Parliament fully supports the goal of the Commission to incorporate the International Maritime Organisation’s (IMO) Athens Protocol of 2002 into Community legislation. Moreover, the EU maritime passenger liability regime rightly includes both sea and inland waterways in the event of accidents, adding to passenger safety.

However, before the 2002 Protocol can be brought into Community legislation, the IMO should find a global solution to two open questions related to the Protocol, namely the possibility for the insurers to offer passenger carriers insurances covering the liabilities assigned by the 2002 Protocol and the question whether the insurance fees for such insurances are reasonable for the carriers, as well as whether the carriers should be exempted from their liability in the event of accidents caused by terrorism. Concerning small carriers operating in domestic waterways, special attention should be paid to the cyclical nature of their activities. The requirement to make advance payments should only apply in the case of shipping incidents where the carriers’ liability is strict.

This regulation should, as regards its essential parts, be equivalent to the 2002 Protocol and it should be implemented at the same time as the Protocol.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission(1)  Amendments by Parliament

Amendment 1

Recital 3 a (new)

(3a) This Regulation, with the exception of the derogations set out separately therein, should be identical in substance to the Athens Convention 2002. This Regulation and the Athens Convention 2002 should be brought into force at the same time.

Amendment 2

Recital 3 b (new)

(3b) The insurance systems required under the Convention should be reasonable for shipowners. Shipowners should be in a position to manage their insurance systems in an economically reasonable way, and, especially as regards small shipowners operating domestic services, the seasonal nature of their operations should be taken into account. The transitional period to be allowed when implementing this Regulation should be sufficiently long to enable compulsory insurance under this Regulation to be applied without prejudice to the insurance systems in force.

Amendment 3

Recital 4

(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger.

(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger in shipping incidents in respect of which strict liability for damage has been assigned to the carrier.

Amendment 4

Article 4, paragraph 1

Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation.

Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation unless the Council, acting unanimously throughout the procedure referred to in Article 251 of the Treaty, amends this Regulation.

Justification

As article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through co-decision procedure.

Amendment 5

Article 5

In the event of the death of, or personal injury to, a passenger the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the identification of the person entitled to damages. In the event of death this payment shall not be less than EUR 21 000.

In the event of the death of, or personal injury to, a passenger the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the identification of the person entitled to damages. In the event of death this payment shall not be less than EUR 21 000. The advance payment shall apply only in the case of shipping incidents in respect of which strict liability for damage has been assigned to the carrier. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid pursuant to this Regulation.

Amendment 6

Article 6, paragraph 1

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

The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with information regarding their rights under this Regulation, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment regarding those shipping incidents in respect of which strict liability for damage has been assigned to the carrier.

Amendment 7

Article 8, paragraph 2

It shall apply from the date of its entry into force or from the date of the entry into force of the Athens Convention for the Community, whichever is the later.

It shall apply from the date of the entry into force of the Athens Convention for the Community and in any case from the date of the adoption by the International Maritime Organization of measures ensuring reasonable insurance costs for carriers and their exemption from liability in the event of accidents caused by terrorism, whichever is the later.

PROCEDURE

Title

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

References

COM(2005)0592 – C6 0057/2006 – 2005/0241(COD)

Committee responsible

TRAN

Opinion by
  Date announced in plenary

JURI
16.2.2006

Enhanced cooperation – date announced in plenary

 

Drafts(wo)man
  Date appointed

Piia-Noora Kauppi
23.2.2006

Previous drafts(wo)man

 

Discussed in committee

13.7.2006

3.10.2006

20.11.2006

 

 

Date adopted

20.11.2006

Result of final vote

+:

–:

0:

13

1

0

Members present for the final vote

Maria Berger, Carlo Casini, Rosa Díez González, Giuseppe Gargani, Katalin Lévai, Antonio López-Istúriz White, Achille Occhetto, Aloyzas Sakalas, Gabriele Stauner, Diana Wallis, Nicola Zingaretti, Jaroslav Zvěřina

Substitute(s) present for the final vote

Nicole Fontaine, Eva Lichtenberger, Manuel Medina Ortega

Substitute(s) under Rule 178(2) present for the final vote

 

Comments (available in one language only)

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(1)

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PROCEDURE

Title

Liability of carriers of passengers by boat in the event of accidents

References

COM(2005)0592 - C6-0057/2006 - 2005/0241(COD)

Committee responsible

       Date announced in plenary

TRAN

16.2.2006

Committee(s) asked for opinion(s)

       Date announced in plenary

JURI

16.2.2006

 

 

 

Rapporteur(s)

       Date appointed

Paolo Costa

21.3.2006

 

 

Discussed in committee

19.4.2006

10.10.2006

23.11.2006

 

Date adopted

27.2.2007

 

 

 

Result of final vote

+:

-:

0:

45

0

1

Members present for the final vote

Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Luca Romagnoli, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Georgios Toussas, Yannick Vaugrenard, Marta Vincenzi, Lars Wohlin, Corien Wortmann-Kool, Roberts Zīle

Substitute(s) present for the final vote

Zsolt László Becsey, Johannes Blokland, Philip Bradbourn, Jeanine Hennis-Plasschaert, Anne E. Jensen

Substitute(s) under Rule 178(2) present for the final vote

Thijs Berman

Last updated: 12 April 2007Legal notice