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Texts adopted
Thursday, 14 June 2001 - Strasbourg Final edition
Community monitoring system for maritime traffic ***I
A5-0208/2001
Text
 Resolution

Proposal for a European Parliament and Council directive establishing a Community monitoring, control and information system for maritime traffic (COM(2000) 802 - C5-0700/2000 - 2000/0325(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
Recital 7 a (new)
(7a) Having a transponder and a voyage data recorder (black box) on board is not in itself enough to prevent accidents; the level of training and competence of the crew is equally important. Member States must ensure therefore that there are enough shore staff, particularly in vessel traffic services, coastal stations and rescue services, and that they are properly trained;
Amendment 2
Recital 8
   (8) Accurate knowledge of dangerous or polluting goods being carried on board ships is essential to the preparation and effectiveness of operations to tackle pollution or the risk of pollution at sea. Ships leaving or bound for Member States must notify this information to the competent authorities or port authorities of those Member States. Ships not calling at a port located in the Community must provide the reporting systems operated by the coastal authorities of the Member States with information on the quantity and type of dangerous goods they are carrying.
   (8) Accurate knowledge of dangerous or polluting goods being carried on board ships and of the standard of safety of ships themselves is essential to the preparation and effectiveness of operations to tackle pollution or the risk of pollution at sea. Ships leaving or bound for Member States must notify this information to the competent authorities or port authorities of those Member States. Ships not calling at a port located in the Community must provide the reporting systems operated by the coastal authorities of the Member States with information on the quantity and type of dangerous goods they are carrying and on the standard of safety of the ships themselves .
Amendment 3
Recital 11
   (11) Where a Member State considers that exceptionally poor weather and sea conditions are creating a serious threat for the environment, it stops all ships carrying dangerous or polluting goods from leaving port until the situation returns to normal. Within the framework of its power of discretion, the Member State must consider such conditions to have been reached if a force of 10 or more on the Beaufort scale and corresponding sea conditions have been noted in the area concerned.
   (11) Where the competent authorities designated by the Member States consider that exceptionally poor weather and sea conditions are creating a serious threat for the environment, or endangering the life and safety of the crew and passengers they must inform the master of a ship which intends to enter or leave port of the situation and give suitable recommendations. The master must indicate whether or not he intends to follow the recommendation given and state the reasons for his decision. The competent authorities designated by the Member States retain the right where weather conditions are exceptionally poor and taking account of the specific situation in the port concerned to suspend the departure or entry of ships in a port until weather conditions are back to normal. Member States must also ensure that vessels encountering adverse weather conditions off their coasts, and as a result finding themselves in difficulties, are guaranteed appropriate assistance from sea-going tugs.
Amendment 4
Recital 12 a (new)
(12a) Considering the vulnerability of the Baltic Sea and the increased maritime activity to be envisaged, the EU should make a request to the IMO to declare the Gulf of Finland and probably other zones of the Baltic Sea part of a compulsory reporting system approved by the IMO.
Amendment 5
Recital 13
   (13) Member States need to guard against the threats to maritime safety, local communities and the environment created by certain situations at sea and by the presence of polluting slicks or packages floating at sea. To this end, masters of ships must report such occurrences to the coastal authorities, supplying all appropriate information.
   (13) Member States need to guard against the threats to maritime safety, local communities and the marine and coastal environment that may result from certain situations at sea and from the presence of polluting slicks or packages floating at sea. To this end, masters of ships must report such occurrences to the coastal authorities, supplying all appropriate information.
Amendment 6
Recital 15
   (15) Non-availability of a port of refuge may have serious consequences in the event of an accident at sea. Member States ought therefore to draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports in the best conditions possible.
   (15) Non-availability of a port of refuge, a protected zone or place of anchorage may have serious consequences in the event of an accident at sea. Member States ought therefore to draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports or any protected place along the coast in the best conditions possible. A Member State or a port which accommodates a ship in distress must be able to count on prompt compensation for the cost and potential damage arising from this operation.
Amendment 7
Recital 19
   (19) Certain provisions of this Directive may be amended by that procedure so as to take account of changes to international instruments and of experience gained in implementing this Directive.
   (19) Taking account of the development of international instruments and experience of implementation of this Directive, it may be necessary to amend certain provisions of this Directive. Such amendments shall be proposed following a detailed study of the implementation of this Directive.
Amendment 8
Article 2, point (c)
   (c) ships" stores and equipment for use on board ships.
   (c) bunker fuel for ships capable of carrying less than 5000 tonnes of bunker fuel, ships" stores and equipment for use on board ships.
Amendment 9
Article 6, paragraph 1
   1. Ships entering the area of competence of a vessel traffic service, or ships" routing system approved by the IMO, placed under the responsibility of a Member State, must, in accordance with the applicable rules and procedures, use the services provided, where such exist, and comply with the measures applicable in the area and with any instructions they receive. Only in maritime areas located within the territorial waters of the Member State concerned may participation in a vessel traffic service be made compulsory for ships flying the flag of a third country.
   1. Ships entering the area of competence of a vessel traffic service, or ships" routing system approved by the IMO, placed under the responsibility of a Member State, must, in accordance with the applicable rules and procedures, use the services provided, where such exist, and comply with the measures applicable in the area and with any instructions they receive. In areas outside the territorial waters of the Community participation in a vessel traffic service shall be compulsory for all ships flying the flag of a Member State and all ships calling at Community ports.
Amendment 10
Article 7, paragraph 2
   2. Member States shall see that they furnish themselves, on a timescale compatible with the timetable set out in Annex II-1, with appropriate equipment and shore-based installations for receiving and utilising the information referred to in paragraph 1.
   2. Member States shall see that they furnish themselves, on a timescale compatible with the timetable set out in Annex II-1, with appropriate equipment and shore-based installations for receiving and utilising the information referred to in paragraph 1, and for relaying it to and exchanging it between the coastal stations and port authorities of the various Member States.
Amendment 11
Article 8, paragraph 2
The voyage data recorder must be able to store, in a secure and retrievable form, and make available to the Member State involved in an enquiry following a maritime accident, relevant information concerning the position, movement, physical status, and command and control of the ship concerned.
The voyage data recorder must be able to store, in a secure and retrievable form, relevant information concerning the position, movement, physical status, and command and control of the ship concerned. These data shall be made available to the Member State concerned in the event of an inquiry following a maritime accident within Community waters, or shall be used preventively to learn the necessary lessons from near misses.
Amendment 12
Article 10, paragraph 2
   2. The operator, agent or master of a ship carrying dangerous or polluting goods coming from a port located outside the Community and bound for a port located in the Community or an anchorage located in a Member State's territorial waters shall, at the latest upon departure from the loading port or as soon as the port of destination is known, if this information is unavailable at the moment of departure, notify the information indicated in Annex III to the competent authority of the Member State in which the first port of destination or anchorage is located.
   2. The operator, agent or master of a ship carrying dangerous or polluting goods coming from a port located outside the Community and bound for a port located in the Community or an anchorage located in a Member State's territorial waters shall, at the latest upon departure from the loading port or as soon as the port of destination or the need for an anchorage is known, if this information is unavailable at the moment of departure, notify the information indicated in Annex III to the competent authority of the Member State in which the first port of destination or anchorage is located.
Amendment 13
Article 10, paragraph 5
   5. Ships carrying dangerous or polluting goods in transit through the territorial waters or exclusive economic zones of Member States and neither leaving nor bound for a Community port shall notify coastal stations operating a mandatory reporting system as referred to in Article 5(1) of the quantity and IMO class of dangerous goods they are carrying.
   5. Ships carrying dangerous or polluting goods in transit through the territorial waters or exclusive economic zone of a Member State or in the open sea off its coast and neither leaving nor bound for a Community port shall notify coastal stations operating a mandatory reporting system as referred to in Article 5(1) of the quantity and IMO class of dangerous goods they are carrying.
Amendment 14
Article 14, paragraph 2
   2. The report message sent in application of paragraph 1 must include at least the ship's identity, its position, the port of departure, the port of destination, the address from which information may be obtained on the cargo where appropriate , the number of persons aboard, details of the incident and any relevant information referred to in IMO Resolution A.851(20).
   2. The report message sent in application of paragraph 1 must include at least the ship's identity, its position, the port of departure, the port of destination, the address from which information may be obtained on the cargo, the number of persons aboard, details of the incident and any relevant information referred to in IMO Resolution A.851(20).
Amendment 15
Article 15
Where a Member State considers, in the event of exceptionally bad weather and sea conditions, that there is a serious threat of pollution of its shipping areas or coastal zones, or the shipping areas or coastal zones of other Member States, it must, using any appropriate administrative measures, prohibit ships liable to create such a threat from leaving ports located in the area or zone in question.
   1. Where the competent authorities designated by the Member States consider, in the event of exceptionally poor weather and sea conditions, that there is a serious threat of pollution of their shipping areas or coastal zones of other Member States, or that the safety and life of the crew and passengers are in danger, they must:
The ban on departure shall be lifted once it has been established that the ship may leave the port without posing a serious threat within the meaning of paragraph 1.
   - fully inform the master of a ship which is in the port area concerned and intends to enter or leave a port about weather conditions and the danger they may present to his ship, the cargo, the crew and the passengers, taking account of the type of ship, its cargo, the ship's berth and the infrastructure of the port concerned, and give recommendations to the master of the ship on whether or not to enter or leave the port. The master must show that he has received the recommendations of the port authorities before deciding on whether or not to leave or enter the port in the area concerned and must inform the port authorities of his decision, stating the reasons for it;
   - provide the necessary resources and infrastructure for assisting ships in distress and more particularly ensure that powerful sea-going tugs are permanently available near major shipping channels, and are on standby when the weather is bad;
   - take appropriate measures to limit as much as possible or, if necessary, prohibit high-risk manoeuvres such as the bunkering of ships in their coastal waters.
   2. Paragraph 1 shall be without prejudice to the right of the competent authorities designated by the Member States, in the event of exceptionally poor weather and sea conditions and taking account of the specific situation of the port concerned, to ban ships from entering or leaving port.
   3. For the purpose of determining whether exceptionally poor weather and sea conditions are prevailing in the area concerned, the port authorities shall refer to the weather reports and forecasts issued by the official meteorological service of the Member State concerned.
Amendment 16
Article 16, paragraph 1, subparagraph 1
   1. In the event of incidents or accidents at sea as referred to in Article 14, Member States shall take all appropriate measures, consistent with international law, to ensure the safety of shipping and of persons and to protect the marine environment.
   1. In the event of incidents or accidents at sea as referred to in Article 14, Member States shall take all appropriate measures, consistent with international law, to ensure the safety of shipping and of persons and to protect the marine and coastal environment.
Amendment 17
Article 16, paragraph 2
   2. The operator, the master of the ship and, where appropriate, the owner of the cargo must cooperate fully with the competent national authorities, at the latter's request, with a view to minimising the consequences of an incident or accident at sea.
   2. The operator, the master of the ship and the owner of the cargo must cooperate fully with the competent national authorities, at the latter's request, with a view to minimising the consequences of an incident or accident at sea.
Amendments 18 and 19
Article 17
Ports of refuge
Measures to assist ships in distress
Member States shall make the necessary arrangements to ensure that ports are available on their territory which are capable of accommodating ships in distress. To this end, having consulted the parties concerned, they shall draw up plans specifying, for each port concerned, the features of the area, the installations available, the operational and environmental constraints and the procedures linked to their possible use to accommodate ships in distress.
   1. Member States shall make the necessary arrangements to ensure that enough specified ports of refuge and anchorages are available on their territory which are capable of accommodating ships in distress. To this end, having consulted the parties concerned, they shall draw up plans specifying, for each port and anchorage concerned, the features of the area, the installations available, the operational and environmental constraints and the procedures linked to their possible use to accommodate ships in distress.
Member States shall undertake to equip these ports of refuge with tugs and ship repair infrastructures (dry docking, etc).
Plans for accommodating ships in distress shall be made available upon demand. Member States shall inform the Commission of the measures taken in application of the preceding paragraph.
Plans for accommodating ships in distress shall be made available upon demand. Member States shall inform the Commission within 12 months of the entry into force of this Directive of the measures taken in application of the preceding paragraph.
   2. The Commission, assisted by the European Maritime Safety Agency set up pursuant to Regulation (EC) No .../2001, and the Member States shall draw up, in cooperation with the International Maritime Organisation, joint guidelines for assistance to ships in distress and more particularly for ports of refuge and anchorages.
   3. A port in the Community which accommodates a ship in distress must be able to count on prompt compensation of the costs and potential damage involved in this operation.
   4. A port in the Community may require that a ship which calls at that port should demonstrate that the ship and its cargo are adequately insured in the event of finding themselves in distress and in search of a port of refuge or anchorage.
Amendment 20
Article 22, paragraph 5, subparagraph 1
   5. Where a Member State finds, on the occasion of an accident or incident at sea referred to in Article 16, that the company has not been able to establish and maintain a link with the ship or with the operational authorities concerned, it shall so inform the State which issued the ISM certification, or on whose behalf it was issued.
   5. Where a Member State finds, on the occasion of an accident or incident at sea referred to in Article 16, that the company has not been able to establish and maintain a link with the ship or with the operational authorities concerned, it shall so inform the Commission, the European Maritime Safety Agency and the State which issued the ISM certification, or on whose behalf it was issued.
Amendment 21
Article 22 a (new)
Article 22a
Evaluations of Member States
   1. The Member States must report to the Commission by 1 July 2003 on the implementation of this Directive and, in particular, on the implementation of the provisions of Articles 7, 8, 15, 17 and 20.
   2. On the basis of the reports referred to in paragraph 1, the Commission shall report to the European Parliament and the Council by the end of 2004 on the implementation of this Directive in the Member States. In these reports, the Commission shall ascertain whether and to what extent the provisions of the Directive as implemented by the Member States are helping to increase the safety and efficiency of maritime transport and prevent pollution by ships.
   3. On the basis of the evaluation provided for in paragraph 2, and assisted by the European Maritime Safety Agency set up pursuant to Regulation (EC) No .../2001, the Commission shall investigate, in particular:
   - whether it is technically and economically feasible to render more stringent the performance standards of automatic identification systems as referred to in Article 7(1) and, in particular, whether it is desirable to increase the coverage area of the transponders;
   - whether the measures provided for in Article 17 are adequate to guarantee the accommodation of ships in distress by Community ports, whether there are enough ports of refuge and anchorages and whether there is a need for a more efficient system to provide compensation for damage caused by pollution due to accommodating a ship in distress at a port of refuge or anchorage;
   - to what extent Member States have exchanged data and have coordinated their telematic communication systems;
   - whether checks on the implementation of the Directive and the imposition of penalties are being performed equally meticulously by all Member States, and whether the differences in the various penalties applicable in the Member States are causing market distortions.
   4. On the basis of the experience gained, and taking account of the results of the reports and investigations referred to in paragraphs 1, 2 and 3, the Commission shall, if necessary, propose amendments to the European Parliament and the Council.
Amendment 22
Annex I., point 1, indent 7, subindent 2
   - Characteristics and estimated volume of bunker fuel, for ships carrying more than 5 000 tonnes of bunker fuel.
   - Characteristics of the bunker fuel and bunker capacity , for ships carrying more than 5 000 tonnes of bunker fuel.
Amendment 23
Annex I, point 1, indent 7 a (new)
   - Up-to-date report on the standard of safety of the ship drawn up by the classification society responsible for inspecting it.
Amendment 24
Annex I, point 2, indent 2 a (new)
   - The ice classification of the ship, if it moves in waters where ice is an obstacle to traffic during parts of the year.
Amendment 25
Annex II, title I, point 2, indent 3
   - ships, other than passenger ships and tankers, of 50 000 gross tonnage and upwards: not later than 1 July 2004 ;
   - ships, other than passenger ships and tankers, of 50 000 gross tonnage and upwards: not later than 1 July 2003 ;
Amendment 26
Annex II, title I, point 2, indent 4
   - ships, other than passenger ships and tankers, of 10 000 gross tonnage and upwards but less than 50 000 gross tonnage: not later than 1 July 2005 ;
   - ships, other than passenger ships and tankers, of 10 000 gross tonnage and upwards but less than 50 000 gross tonnage: not later than 1 July 2004 ;
Amendment 27
Annex II, title I, point 2, indent 5
   - ships, other than passenger ships and tankers, of 3 000 gross tonnage and upwards but less than 10 000 gross tonnage: not later than 1 July 2006 ;
   - ships, other than passenger ships and tankers, of 3 000 gross tonnage and upwards but less than 10 000 gross tonnage: not later than 1 July 2005 ;
Amendment 28
Annex II, title I, point 2, indent 6
   - ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3 000 gross tonnage: not later than 1 July 2007 .
   - ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3 000 gross tonnage: not later than 1 July 2006 .

(1) OJ C 120 E, 24.4.2001, p. 67.


European Parliament legislative resolution on the proposal for a European Parliament and Council directive establishing a Community monitoring, control and information system for maritime traffic (COM(2000) 802 - C5-0700/2000 - 2000/0325(COD) )

(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 Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0700/2000 ),

-  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 (A5-0208/2001 ),

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. 67.

Last updated: 17 May 2004Legal notice