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Europe Daily Bulletin No. 7984
Contents Publication in full By article 25 / 45
GENERAL NEWS / (eu) ep/transport

Parliament amends Erika II package

Strasbourg, 14/06/2001 (Agence Europe) - On Thursday, the European Parliament took a stance at first reading on the second package of measures for strengthening maritime safety in Europe, the so-called "Erika II" package, with the adoption of the Sterckx, Mastorakis and Esclopé reports.

During its vote on the report by Belgian Liberal Dirk Sterckx on normal maritime traffic control, the Parliament essentially introduced three changes in the Commission's proposal of directive: 1) weather forecasts: the authorities must inform captains of vessels when weather conditions are bad and not suspend casting off in an authoritarian way; 2) the "safe" areas or ports for ships in distress should be able to count on prompt reimbursement of costs; 3) refuge equipments: the Member States should invest in host infrastructures in refuge ports (mainly availing themselves of powerful tug boats) and take the necessary provisions so that these ports and moorings are sufficient in number. As shown by the sinking of the Erika, it is important for ports to have an adequate host infrastructure, said the rapporteur during the debate. The Parliament on the other hand rejected (by 325 votes against, 139 for and 11 abstentions) an amendment by the rapporteur that would have allowed "old" vessels built before 2002 not to have to carry black boxes. The Commission refused this amendment, announced Commissioner Loyola de Palacio during the debate. It is, however, in favour of amendments on ports of refuge, said the Commissioner. The EP also rejected the amendment by the United Left group, which introduced the human element into the information that the ships must pass on to the authorities.

By adopting the report by France's Alain Esclope of the UEN Group, on the creation of a European complementary compensation fund in case of sea pollution by oil, Parliament voted through a very large majority (421 in favour, 54 against and 8 abstentions) for the compensation fund to be extended to "pollution caused by hazardous waste" defined by the International Convention of 1996 on liability and compensation for harm linked to the transport by sea of harmful and hazardous substances. The rapporteur and his group opposed this amendment proposed by the EP's Transport Committee, stressing during the debate that these conventions had not yet been ratified nor implemented. This amendment risks "blocking implementation of the directive", he stressed, backed in this by Commissioner de Palacio. Parliament also adopted by an overwhelming majority (421 in favour, 53 against, 12 abstentions) amendments providing for shipowners also having to participate in the financing of the European fund, and not only the large oil importers. Commissioner de Palacio opposed this amendment, stressing that it risked being incompatible with international legislation on the compensation of the victims of pollution. She also is said to have rejected a Liberal amendment, rejected by the EP, that would have introduced sanctions for the cleaning of holds at sea, the "de-gasing". Finally, the EP introduced the possibility of early and provisional payment within six months for the victims (475 in favour, 2 against, 2 abstentions).

Parliamentarians reestablished the traditional system of comitology, by rejecting the amendments by the EDD Group that would have created a "tripartite committee" for the management of the fund, including MEPs, and the amendments of the GUE to include representatives of local authorities on the Committee. They also rejected the amendments from the GUE, which would have increased the ceiling of the compensation fund from 1 to 2 billion Euros.

By adopting the report by the Greek Socialist, Emmanouil Mastorakis, on the creation of a European maritime safety agency, the Parliament enhanced the independence of the future agency with regards to the Commission and its administrative council, thus moving in the direction of the first guidelines from the Council, but against those from the Commission. On the other hand, it rejected the amendments from the ESP, GUE and Green groups that foresaw the presence, within the agency's administrative council, of representatives from the EP (287 votes against, 183 for and 9 abstentions), from the maritime sector, NGOs and fishermen. It would be schizophrenic of the Parliament to call at the same time for the independence of the agency and the presence of European parliamentarians in its administrative council, notably underlined the German MEP from the EPP, Georg Jarsembowski, Hamburg member.

The EP also rejected the amendments from the rapporteur linking the choice of seat to its "maritime traditions", or from the Green group linking it to the occurrence of maritime accidents in the region, criteria that Commissioner de Palacio was prepared to accept. While issuing doubts over the excess bureaucracy that the agency risks creating, the rapporteur E. Mastorakis called for the seat to be in Piraeus, in Greece. Lisbon or Lubecjk were also cited during the debate.

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