The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Title on the establishment of a fund for the compensation of oil pollution damage in European waters and related measures on the establishment of a fund for the compensation of pollution damage in European waters caused by oil or hazardous and noxious substances and related measures Amendment 2 Recital 1    (1) There is a need to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from tankers in European waters.    (1) There is a need to ensure that the fullest and most adequate compensation possible is available to persons who, directly or indirectly, suffer damage caused by pollution resulting from the escape or discharge of oil or hazardous and noxious substances in European waters. Amendment 3 Recital 2    (2) The international regime for liability and compensation of oil pollution damage from ships, as established by the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 as amended by the 1992 Protocol thereto, provide some important guarantees in this respect.    (2) The international regime for liability and compensation of oil pollution damage from ships, as established by the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (IOPC) as amended by the 1992 Protocol thereto, provide some important guarantees in this respect but serious deficiencies exist. In addition, the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea, 1996 have not entered into force because they have not been ratified. Amendment 4 Recital 3    (3) The maximum compensation afforded by the international regime is deemed insufficient to fully cover the costs of foreseeable oil tanker incidents in Europe.    (3) The maximum compensation afforded by the international regime is deemed insufficient to fully cover the costs of foreseeable incidents in Europe. Amendment 5 Recital 4    (4) A first step to improve the protection of victims in case of an oil spill in Europe is to considerably raise the maximum amount of compensation available for such spills. This can be done by complementing the international regime through the establishment of a European Fund which compensates claimants who have been unable to obtain full compensation under the international compensation regime, because the totality of valid claims exceed the amount of compensation available under the Fund Convention.    (4) A first step to improve the protection of victims in case of a spill in Europe caused by oil or hazardous and noxious substances is to raise considerably the maximum amount of compensation available for such spills. Ideally this should be done by complementing the current international CLC/IOPC regimes through the establishment of an international third tier. Meanwhile, a European Fund must be established which compensates claimants who have been unable to obtain full compensation under the international compensation regime, because the totality of valid claims exceed the amount of compensation available under the Fund Convention. Amendment 6 Recital 5    (5) A European oil pollution compensation fund needs to be based on the same rules, principles and procedures as those of the IOPC Fund in order to avoid uncertainty for victims seeking compensation and in order to avoid ineffectiveness or duplication of work carried out within the IOPC Fund.    (5) A European pollution compensation fund needs to be based on the same rules, principles and procedures as those of the IOPC Fund in order to avoid uncertainty for victims seeking compensation and in order to avoid ineffectiveness or duplication of work carried out within the IOPC Fund. Amendment 7 Recital 6    (6) In view of the principle that the polluter should pay, the costs of oil spills should be borne by the industry involved in the carriage of oil by sea.    (6) In view of the principle that the polluter should pay, the costs of spills caused by oil or hazardous and noxious substances should be borne by the industry involved in the carriage of any of these substances by sea. In particular, shipowners, oil companies and receivers of hazardous and noxious substances should, in the overall compensation system, bear their share on an equitable basis. Amendment 8 Recital 7    (7) Harmonised Community measures to provide additional compensation for European oil spills will share the costs of such oil spills between all coastal Member States.    (7) Harmonised Community measures to provide additional compensation for European spills will share the costs of such spills between all Member States. Amendment 9 Recital 8    (8) A Community-wide compensation Fund (COPE Fund) which builds upon the existing international regime is the most efficient way to attain these objectives.    (8) A Community-wide compensation Fund (COPE Fund) which builds upon the existing international regime is at present the most efficient way to attain these objectives. Amendment 10 Recital 13    (13) A revision of the existing international oil pollution liability and compensation regime should be undertaken in parallel to the measures contained in this Regulation in order to achieve a closer link between the responsibilities and actions of the players involved in the transport of oil by sea and their exposure to liability. More particularly, the liability of the shipowner should be unlimited if it is proved that the pollution damage resulted from gross negligence on his part, the liability regime should not explicitly protect a number of other key players involved in the transport of oil at sea and the compensation of damage caused to the environment as such should be reviewed and widened in light of comparable compensation regimes established under Community law.    (13) A revision of the existing liability and compensation regime should be undertaken in parallel to the measures contained in this Regulation in order to achieve a closer link between the responsibilities and actions of the players involved in sea transport and their exposure to liability. More particularly, the liability of the shipowner should be unlimited if it is proved that the pollution damage resulted from gross negligence on his part, the liability regime should not explicitly protect a number of other key players involved in sea transport and the compensation of damage caused to the environment as such should be reviewed and widened in light of comparable compensation regimes established under Community law; in addition, progress must be achieved with regard to a liability and compensation regime for damage in connection with the transport of hazardous and noxious substances. Amendment 11 Recital 13 a (new) (13a) Depending on possible developments and negotiations at the International Maritime Organisation, it may be necessary for this Regulation to be amended to ensure it is compatible with international decisions, which will be consistent with the spirit of this Regulation; Amendment 12 Article 1 The purpose of this Regulation is to ensure adequate compensation of pollution damage in EU waters resulting from the transport of oil by sea, by complementing the existing international liability and compensation regime at Community level, and to introduce a financial penalty to be imposed on any person who has been found to have contributed to an oil pollution incident by his wrongful intentional or grossly negligent acts or omissions. The purpose of this Regulation is to ensure adequate compensation of pollution damage in EU waters resulting from the transport of oil or hazardous and noxious substances, excluding nuclear materials by sea, by complementing the existing international liability and compensation regime at Community level, and to introduce a financial penalty to be imposed on any person who has been found to have contributed to a pollution incident by his wrongful intentional or grossly negligent acts or omissions. Amendment 13 Article 3, point 2 a (new) 2a. "Bunker Convention" shall mean the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. Amendment 14 Article 3, point 2 b (new) 2b. "HNS Convention" shall mean the International Convention on Liability and Compensation for damage in connection with the carriage of Hazardous and Noxious Substances by sea, 1996. Amendment 44 Article 3, point 3 a (new) 3a. "Bunker Oil" shall mean any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil. Amendment 15 Article 3, point 5    5. "Tonne', in relation to oil, shall mean a metric tonne.    5. "Tonne" shall mean a metric tonne. Amendment 16 Article 3, point 6    6. "Terminal installation" shall mean any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated off-shore and linked to such site.    6. "Terminal installation" shall mean any site for the storage of oil or hazardous and noxious substances in bulk which is capable of receiving oil or hazardous and noxious substances from waterborne transportation, including any facility situated off-shore and linked to such site. Amendment 17 Article 4, Title Establishment of a Fund for Compensation for Oil Pollution in European waters Establishment of a Fund for Compensation for Pollution in European waters caused by oil or hazardous and noxious substances Amendment 18 Article 4, introductory part A fund for Compensation for Oil Pollution in European waters (hereinafter "the COPE Fund') is hereby established with the following aims: A fund for Compensation for Pollution in European waters caused by oil or hazardous and noxious substances (hereinafter "the COPE Fund') is hereby established with the following aims: Amendment 51 Article 5, paragraph 2 a (new) 2a. The COPE Fund shall also pay compensation for damage caused to the environment when environmental costs are not covered by the international regime. These environmental costs are the costs for assessing the environmental damage of the incident and, if the environmental damage cannot be fully repaired, the costs of returning the environment to a state equivalent to that prior to the incident; Amendment 20 Article 5, paragraph 6 a (new) 6a. The COPE Fund shall provide for the possibility of making an advance provisional payment within a period of six months. Amendment 21 Article 6, Title Contributions by oil receivers Contributions by operators involved in the transport of oil or hazardous and noxious substances. Amendment 22 Article 6, paragraph 1 1. Any person who receives contributing oil in total annual quantities exceeding 150 000 tonnes carried by sea to ports or terminal installations in the territory of a Member State and is liable to contribute to the IOPC Fund shall be liable to contribute to the COPE Fund. 1. The COPE Fund, which shall be established in addition to the existing IOPC Fund, shall consist of two parts: Part 1 shall establish higher limits of compensation to be paid by the shipowners where the cost of pollution damage exceeds or threatens to exceed the aggregate compensation limit under the existing CLC and IOPC; Part 2 shall establish a supplementary fund to be paid by the cargo receivers where the cost of pollution damage exceeds or threatens to exceed the aggregate compensation limit under the existing IOPC, as supplemented by the shipowner's contribution under Part 1 of the COPE Fund or the HNS Convention once ratified. For these purposes “cargo receivers” shall be defined as follows: Any person who receives contributing oil or hazardous and noxious substances in total annual quantities exceeding 150 000 tonnes carried by sea to ports or terminal installations in the territory of a Member State and is liable to contribute to the IOPC Fund shall be liable to contribute to the COPE Fund. Amendment 23 Article 6, paragraph 1 a (new) 1a. The owner of a tanker responsible for marine pollution shall contribute to the compensation of the victims on the same basis as the cargo receivers. To this end, each ship sailing in European territorial waters or marine economic interest zones must be able to prove it holds a financial guarantee or must pay a heavy financial penalty. Amendment 24 Article 6, paragraph 2    2. Contributions shall only be collected following an incident falling under the scope of this Regulation which exceeds or threatens to exceed the maximum compensation limits of the IOPC Fund. The total amount of contributions to be levied for each such incident shall be decided by the Commission in accordance with Article 9(2). On the basis of that decision, the Commission shall calculate for each person referred to in paragraph 1 the amount of his contribution, on the basis of a fixed sum for each tonne of contributing oil received by such persons.    2. Contributions from receivers of oil or hazardous and noxious substances under Part 2 of the COPE Fund shall only be collected following an incident falling under the scope of this Regulation which exceeds or threatens to exceed the maximum compensation limits of the IOPC Fund as supplemented by the shipowner's contribution under Part 1 of the COPE Fund . The total amount of contributions to be levied from receivers of oil or hazardous and noxious substances for each such incident shall be decided by the Commission in accordance with Article 9(2) after taking into account the shipowner's contribution under Part 1 of the COPE Fund. On the basis of that decision, the Commission shall calculate for each person referred to in paragraph 1 the amount of his contribution, on the basis of a fixed sum for each tonne of contributing oil received by such persons. Amendment 25 Article 6, paragraph 3    3. The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount of contributions required by the total amount of contributing oil received in all Member States in the relevant year.    3. The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount of contributions by the total amount of contributing oil or hazardous and noxious substances received in all Member States in the relevant year, after taking into account the shipowner's contribution under Part 1 of the COPE Fund . Amendment 26 Article 6, paragraph 4    4. Member States shall ensure that any person who receives contributing oil within its territory in such quantities that he is liable to contribute to the COPE Fund appears on a list to be established and kept up to date by the Commission in accordance with the subsequent provisions of this article.    4. Member States shall ensure that any person who receives contributing oil or hazardous and noxious substances within its territory in such quantities that he is liable to contribute to the COPE Fund appears on a list to be established and kept up to date by the Commission in accordance with the subsequent provisions of this article. Amendment 27 Article 6, paragraph 6    6. For the purposes of ascertaining who are, at any given time, the persons liable to contribute to the COPE Fund and of establishing, where applicable, the quantities of oil to be taken into account for any such person when determining the amount of his contribution, the list shall be prima facie evidence of the facts stated therein.    6. For the purposes of ascertaining who are, at any given time, the persons liable to contribute to the COPE Fund and of establishing, where applicable, the quantities of oil or hazardous and noxious substances to be taken into account for any such person when determining the amount of his contribution, the list shall be prima facie evidence of the facts stated therein. Amendment 28 Article 6, paragraph 7    7. The contributions shall be made to the Commission and the collection shall be fully completed no later than one year after the decision to levy the contributions has been made by the Commission.    7. The contributions shall be made to the Commission and the collection shall be fully completed no later than six months after the decision to levy the contributions has been made by the Commission. Amendments 29 and 31 Article 9, paragraph 1 a (new) 1a. The elected local representatives of a damaged area about which the decisions listed in Article 8(2) are to be made shall have the opportunity to express their views in the early stages of the decision-making process. They shall take part in meetings of the committee in an advisory capacity. Amendment 30 Article 9, paragraph 1 b (new) 1b.The COPE Fund Committee shall submit an annual report on its activities to the Council and the European Parliament. Amendment 32 Article 9 a (new) Article 9a Cooperation between the COPE Fund and the IOPC Fund In close cooperation with the IMO, the Commission shall establish clear administrative rules for cooperation between the management of the COPE Fund and the management of the existing IOPC Fund, in accordance with the principles of transparency, efficiency, and cost-effectiveness. Amendment 33 Article 10 a (new) Article 10 a Evaluation    1. The Commission shall submit a report no later than July 2003 on efforts to improve the international liability and compensation regime at the level of the International Maritime Organization, and, in particular, shall assess progress in:    (a) significantly increasing the liability of the shipowner under the Liability Convention;    (b) increasing compensation under the Fund Convention;    (c) extending the Liability Convention to all other players involved in the transport of oil or hazardous and noxious substances at sea, and in particular to charterers, managers and operators;    (d) widening compensation for environmental damage in the light of comparable compensation regimes established under Community law;    2. If the Commission considers that significant progress has been achieved within the meaning of paragraph 1, it shall propose to the European Parliament and the Council that the provisions of this Regulation be adapted to the revised international regime.    3. If the Commission concludes that no substantial improvements within the meaning of paragraph 1 have been achieved, it shall submit to the European Parliament and the Council a proposal for Community legislation establishing a Europe-wide maritime pollution liability and compensation regime.

(1) OJ C 120 E, 24.4.2001, p. 79.

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 802 )(1) ,

-  having regard to Article 251(2) and Articles 80(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0701/2000 ),

-  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 Industry, External Trade, Research and Energy and the Committee on the Environment, Public Health and Consumer Policy (A5-0201/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

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

(1) OJ C 120 E, 24.4.2001, p. 79.