Brussels, 26/06/2001 (Agence Europe) - Maritime safety and the international negotiations in the field of transport should dominate the debates of the Transport Council, gathered on Thursday in Luxembourg, under the Presidency of the Swedish Minister for Industry and Communications, Bjorn Rosengren. In the framework of the talks over the second package of measures aimed at improving maritime safety in Europe (Erika II package), the Ministers will have to define the paths for negotiation, which the Member States will defend in the International Maritime Organisation, during the talks concerning the compensation fund for victims of pollution and "black boxes". They should also discuss the negotiations concerning aircraft noise in the International Civil Aviation Organisation. The "hottest" dossier in the Council - opening of public transport to competition - having not progressed, the Ministers will have to stick to an assessment of the progress achieved. The debates over the future of transport in Europe and the "single sky" should also be succinct and the Commission will present its proposals on these two matters. Below are the details of this Council:
Maritime transport: The Council should simultaneously progress over the adoption of measures at the European level to increase maritime safety (Erika I and Erika II package) and the definition of common approaches for negotiations within the International Maritime Organisation (IMO).
Elimination of single hulled ships: the Council should reach a common position on the regulations, which will integrate into Community law the results of the negotiations last April in the IMO on the elimination of single hulled ships (see EUROPE of 3 May, p.12). This agreement foresees the complete elimination of single hulled ships in 2021, with the possibility of anticipating their elimination in 2015 at the regional level, as intended by the EU. Thus, the Council will have completed the adoption of the Erika I package presented in March 2000 by the Commission, following the sinking of the Erika oil tanker. A conciliation procedure should nevertheless open with the European Parliament on one of the three proposals from the Erika I package the Directive on checks by the State in port. By adopting, last December, the Watts report, the EP introduced into the Directive the obligation to have "black boxes", which the Council refuses partly because this obligation is covered by the Erika II package, and also because the Member States call for an approach at the international level rather than European (see following pages).
Monitoring of maritime traffic and follow-up of ships: while waiting to officially receive the EP's position in first reading on the Directive that will enhance the checks and the follow-up of ships sailing in European waters. (See EUROPE of 15 June, p.13). The European Council will adopt a "common guideline". According to a Swedish diplomatic source, the preparatory works will have allowed to smooth out the main divergences between the Member States, over the date for the obligatory introduction of black boxes on ships and the measures that may be taken by the port authorities to ban a ship from docking in case of bad weather. In first reading, the EP introduced an amendment, which foresees that the authorities are held to "inform" the captains in case of bad weather and not to force them to remain in port. Within the Council, Germany, the United Kingdom and Denmark are more favourable towards this.
Black box: the Council should define the "common approach" to be defended by the European States in the IMO to accelerate the obligatory introduction of "black boxes" (Voyage Data Recorders) onboard ships. The aim is to extend to existing ships the present agreement in the IMO that only covers ships built after July 2002. Most of the Member States will defend the international approach, against France and the Commission among others, which would have preferred stricter measures at the European level.
Compensation funds for victims of oil pollution: the Council should define a "common approach" for the Member States to negotiate an increase in the compensation funds in the IMO and in the IOPCF. Here to, a great majority of the Member States call for an international approach, against the position of France, Spain and Portugal, which hope for the creation of an additional European fund, as proposed by the European Commission. The aim of the "common approach" will be to achieve the creation of an optional complementary fund in the IMO, to which the Member States would adhere, indicates a European diplomat. Favourable towards the European fund, the EP extended its coverage to all pollution by dangerous substances, against the Commission's opinion (see EUROPE of 15 June, p.13).
Formalities for departure and arrival in port: the Council should define a "common guideline" on the draft Directive aimed at simplifying the formalities to be fulfilled by ships on their arrival and departure from ports, by following the formalities defined by the IMO.
Strategy for a transport policy: Commissioner de Palacio should orally present her draft Communication on the future of transport in Europe. Adjourned for close to one year, the Communication should be adopted in July by the Commission (see EUROPE of 23 May, p.6).
Galileo: The Commission will present its proposal on the creation of a joint venture, which will be responsible for managing the development phase of the European satellite navigation programme (see EUROPE of 21 June, p.9). The Council should adopt conclusions on the first calls for tenders.
Single European Sky: Commissioner de Palacio should discuss the plans for the creation of a "single European sky", presently blocked by her, while awaiting a solution to the dispute between Spain and the United Kingdom, over the enforcement of Community law at the Gibraltar airport.
Aircraft noise (ICAO): Commissioner de Palacio and the Ministers will discuss the negotiations for the adoption of stricter international standards on aircraft noise, underway in the International Civil Aviation Organisation (ICAO) and the negotiations with the United States over the ban on planes equipped with hushkits (see EUROPE of 22 June, p.12).
European air safety agency: The works on the creation of a European agency responsible for the standardisation of aeronautic material have greatly progressed during the Swedish Presidency. The Council should concentrated on the two issues that remain to be resolved: 1) the conditions for the application of the regulation to planes from third countries; 2) the formation of the future agency's board.
Montreal Convention: The Presidency hopes to reach a common position on the regulations, which transposes into Community law the Montreal convention on passenger compensation or their family, after an accident. This convention will replace the Warsaw Convention that dates back to 1929, by giving a "unlimited" financial responsibility to airlines in case of death or injury, and by increasing the compensation to EUR 6,200 in case of damages due to flight delays, and EUR 1,490 in case of deterioration or loss of luggage. However, France is reticent over the provisions concerning responsibility towards third parties. Ruffled by the example of the Concord accident due to external negligence, it wants to ensure that the accident victims will find a person responsible against which they may turn in case of an accident outside of the EU. Nevertheless, most of the Member States fear that the EU would set a "bad example" if it modified the international convention during its transposition.
Air passenger rights: The Council should adopt conclusions on the initiatives launched to improve the rights of air passengers: the airlines have subscribed to a passenger charter and made "voluntary commitments", and the Commission should adopt these measures through legislative texts on over booking, among others.
Public transport: The Council should note the absence of progress over the proposal from the Commission aiming to open public transport to competition. The divergences remain great over the issues of the inclusion of railways in the scope of the regulation and the decision-making autonomy of the local authorities between direct or indirect management of public transport. The EP Transport Committee is, for its part, preparing to rule on nearly 500 amendments (Meijer report).
Haulier training: The Council will discuss the works for the adoption of the Directive that harmonises the training criteria for road hauliers (see EUROPE of 3 February). Several Member States link this issue to the Commission proposal on the harmonisation of driving licences (see EUROPE of 20 September).
Driving time: The Commission should have presented a proposal to modify regulation 3820 on the driving time of road hauliers. This text, which completes the "road haulier package" on the "working" time of road hauliers, has nevertheless not yet been presented by the Commission.