Luxembourg, 28/06/2001 (Agence Europe) - The Transport Council made considerable headway towards the adoption of the Erika I and Erika II packages on maritime safety. It adopted its common position on the elimination of single hull tankers (see above) and defined common approaches for international negotiations at the International Maritime Organisation on the introduction of "black boxes" on board ships and the creation of a third compensation fund for victims of oil pollution. Commissioner Loyola de Palacio welcomed this position that allows the international approach to be reconciled with the Community approach, with EU demands being integrated into European law should an agreement at the IMO fail. The Council also reached a political agreement on one of the measures of the Erika II package, concerning the surveillance of vessels. It also adopted conclusions on the project for the satellite positioning system, Galileo. The ministers took stock of the situation on several issues concerning aviation and overland transport, but without adopting a decision. Thus:
Surveillance of vessels (Erika II): Pending the Parliament's position adopted at first reading mid June (see EUROPE of 15 June, p.13), the Council reached a political agreement on the directive that will strengthen surveillance of vessels navigating in European waters. Discussions mainly covered black boxes and safety measures in the case of storms. The text of the common position integrates the European objectives for IMO negotiations on black boxes, specifying that, even if there is no international agreement, European legislation will make black boxes compulsory from 2007/2008 in European waters. The Commission believes that "after this commitment by Member States, conciliation with Parliament on the Erika I package looks promising". The EP had in fact introduced the question of black boxes in the directive on "control of the port State", an element from Erika I that was refused by the Council and the Commission.
Ministers also reached an agreement on the measures that may be taken by port authorities in order to prevent vessels casting off in heavy weather. Several Member States, mainly the United Kingdom, the Netherlands and Denmark, feared that the responsibility of the States would be disproportionately involved in the event of accident.
The text taken on board provides for two possibilities in the event of particularly bad weather conditions: 1) when a vessel is likely to threaten human life or poses a threat of pollution, the port authorities may take appropriate measures including a ban on casting off; 2) when a vessel can create a threat, the State may recommend that they should not leave the port. One whereas specifies that, if the vessels chooses to leave the port in bad weather despite this, the captain does so under his own responsibility. The text thus clarifies the decision-making chain and the responsibility of the State is confirmed, notes a French diplomat.
Ministers specified, moreover, that the geographic zone concerned by surveillance measures extends beyond the 12-mile coastal zone, extending to rescue zones and exclusive economic zones.
IMO negotiation on black boxes: The Council adopted a common approach in which the Member states undertake to call on the IMO for black boxes to be made compulsory: 1) from 1 January 2007 for vessels over 20,000 tonnes; 2) from 1 January 2008 for vessels of between 3,000 to 20,000 tonnes. On the other hand, no obligation is proposed for vessels of under 3,000 tonnes. The Council specifies that it is tabling on an agreement by end 2004 at the latest. The future negotiations will cover the equipment of freight vessels built after 2002, since the IMO already imposes black boxes on vessels built after this date and on passenger vessels.
IMO negotiation on compensation fund: Here too, the Council adopted a common approach to defend the creation of a third fund at the IMO, alongside the Fund financed by shipowners (Civil Liability Convention, ceilinged at EUR 90 million), and the Fund financed by oil carriers (IOPCF, ceilinged at EUR 200 million). The international fund would be optional, but the EU Member states would undertake to take part. The aim is to reach an international agreement "preferably by 2003". The common approach does not specify the amount of this future fund wanted by the EU, but most Member States called for an amount of EUR 600 million, while the Commission would like EUR 1 billion. Commissioner de Palacio specified, moreover, that the creation of the international fund, rather than European, should meet three criteria: 1) foresee a sufficiently high compensatory amount; 2) be set in place rapidly, that is before 2003; 3) foresee the participation of all Member States.
Swedish Presidency pleased with last Council
Council President, Björn Rosengren, welcomed this Council, "crowned by success", in the maritime sector. He pointed out that, at the close of the work that the Council also managed to: 1) adopt a definition of services to be covered by Galileo, which will facilitate the launch of calls of tender; 2) adopt conclusions on passengers' rights; 3) settle two outstanding issues for the creation of the Air Safety Agency; 4) define a common position for the transposition of the Montreal Convention into European law. The Council, however, did not make progress on road issues. Commissioner de Palacio took stock on: 1) negotiations under way with the United States and the ICAO to introduce new standards on noise by aircraft and resolve disputes on "hushkits"; 2) her last visit to china and the draft agreement in the maritime area; 3) the draft White Paper on the future of transport in Europe.