(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 780)(1),

–   having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0629/2002),

–   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 Industry, External Trade, Research and Energy (A5&nbhy;0144/2003),

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.

(1) Not published yet in OJ.

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(1),

Having regard to the opinion of the 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)  Regulation (EC) No 417/2002(5) establishes 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, in order to reduce the risk of accidental oil pollution in European waters.

(2)  The Commission and the Member States should make every effort to ensure that rules similar to those contained in Regulation (EC) No 417/2002 can be established in 2003 at a worldwide level, through an amendment of the MARPOL Convention. Both the Council and the Commission welcome the willingness of the International Maritime Organisation (IMO) to hold an additional meeting of the Marine Environment Protection Committee (MEPC) in December 2003 to facilitate an international solution regarding the accelerated phasing-out of single hull oil tankers and the introduction, in the short term, of a ban on single hull oil tankers carrying heavy grades of oil.

(3)  The Community is seriously concerned that the age limits for the operation of single hull oil tankers in Regulation (EC) No 417/2002 are not sufficiently stringent, and, particularly in the wake of the shipwreck of the Category 1 single hull oil tanker "Prestige" at the same age as "Erika", that is at the age of 26 years, those age limits should be further lowered.

(4)  The Communication from the Commission to the European Parliament and to the Council on the safety of the seaborne oil trade(6) proposed age limits of 23, 28 and 25 to 30 years respectively for three categories of single hull oil tankers, and the final end-dates of 2005, 2010 and 2015 respectively, for such tankers. The initial proposal provided that the Regulation should apply to oil tankers from 600 tons deadweight and above. The limits eventually included in Regulation (EC) No 417/2002 were, following negotiations, less stringent on all accounts.

(5)  The Communication from the Commission to the European Parliament and to the Council on Improving Safety at Sea(7) in response to the "Prestige" accident stated that the Commission intended to propose a Regulation prohibiting the transport of heavy fuel oil in single-hulled tankers bound for or leaving ports in the Member States.

(6)  The Council conclusions of 6 December 2002 invited the Commission to present as a matter of urgency a proposal concerning an accelerated phasing out of single hull tankers and incorporating the Condition Assessment Scheme for tankers regardless of the design from the age of 15 years. The Council further agreed that heavy grades of oil shall only be transported in double hull oil tankers.

(7)  The accelerated phasing-out of single hull vessels will lead to a significant increase in the number of vessels for scrapping, and an effort should be made to ensure that scrap vessels are processed in a way which is safe for human beings and the environment.

(8)  The Condition Assessment Scheme is designed to detect structural weaknesses in ageing oil-tankers and should therefore from 2005 apply to all oil tankers above the age of 15 years.

(9)  In its resolution of 21 November 2002 on the "Prestige" oil tanker disaster off the coast of Galicia, the European Parliament called for stronger measures that could enter into force more rapidly and stated that this new oil tanker disaster had again underlined the need for effective action at international and EU level in order to significantly improve maritime safety.

(10)  The Commission should be given a mandate by the Council and the Member States to enable it to negotiate the adoption of the provisions of this Regulation in the IMO.

(11)  As the rapidly increasing volume of oil transported through the Baltic Sea poses a threat to the marine environment, especially during the winter season, oil tankers entering or leaving a port or an offshore terminal or anchoring in an area under the jurisdiction of a Member State should have ice strengthening of the ship's structure and propulsion machinery which meets the requirements of the administration of the Member State when ice conditions require the use of an ice-strengthened vessel.

(12)  It is essential to persuade third countries, particularly candidate countries and countries which are neighbours of the EU, to undertake to stop the use of single hull oil tankers.

(13)  Freight or container ships often contain heavy fuel oil as engine fuel in their bunkers, the quantity of which may considerably exceed the cargoes of smaller oil tankers. The Commission should submit a proposal to the European Parliament and the Council as soon as possible in order to ensure that for new ships bunker oil for engine fuel purposes is also stored in safe, double-walled tanks.

(14)  European shipyards have the necessary know-how to build double-hulled tankers. The Commission and the Member States should accordingly strive to ensure, by means of the appropriate instruments and programmes, that the increased demand for safe double-hulled tankers resulting from this Regulation has a positive impact on the Community's shipbuilding industry.

(15)  Regulation (EC) No 417/2002 should be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 417/2002 is amended as follows:

1)  In Article 1, the following is added:

, and to ban the transport to or from ports of the Member States of heavy grades of oil in single hull oil tankers.

2)  Article 2 is amended as follows:

3)   Article 3 is amended as follows:

a)   point 10 is replaced by the following:

4)  Article 4 is amended as follows:

5)  Article 5 is replaced by the following:

Article 5

Compliance with the Condition Assessment Scheme for Category (2) and (3) ships

Irrespective of its flag, a single hull oil tanker above 15 years of age may not enter or leave ports or offshore installations or anchor in areas under the jurisdiction of a Member State beyond the anniversary of the date of delivery of the ship, in 2005 for Category (2) and Category (3) ships, unless it complies with the Condition Assessment Scheme referred to in Article 6.

____

6)  Article 6 is replaced by the following:

Article 6

Condition assessment scheme

For the purposes of Article 5, the condition assessment scheme adopted by MEPC Resolution 94(46) of 27 April 2001, as amended, shall apply.

7)  In Article 8(1), the introductory phrase is replaced by the following:

1.  By way of derogation from Articles 4, 5 and 7, the competent authority of a Member State may, subject to national provisions, allow, under exceptional circumstances, an individual ship to enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of that Member State, when:

Article 2

The Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Regulation, whereby reference shall be made to Article 211(3) of the United Nations Convention on the Law of the Sea.

Article 3

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

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

(1) OJ C , , p. . (2) OJ C , , p. . (3) OJ C , , p. . (4) Position of the European Parliament of 4 June 2003 (not yet published in the Official Journal). (5) OJ L 64, 7.3.2002, p.1. Regulation as amended by Regulation (EC) No 2099/2002 (OJ L 324, 29.11.2002, p.1). (6) COM(2000) 142. (7) COM(2002) 681. (8) * Two years after the entry into force of this Regulation.