Strasbourg, 25/04/2007 (Agence Europe) - On 25 April, the European Parliament plenary session adopted, on first reading, five reports completing its position on the third maritime package strengthening measures on accident prevention, pollution at sea and how accidents involving ships are dealt with. MEPs, in backing the position of the EP transport committee, gave their support to most of the Commission's proposals, but rejected those on equipping fishing vessels with AIS systems. Parliament also wanted member states to compensate ports for losses occasioned by accepting vessels in distress.
Parliament adopted the report by Dominique Vlasto (EPP-ED, France) on the draft directive on port state control, backed inspections of vessels according to risk, with inspections of high risk vessels being more frequent. In addition, passenger ships, oil and chemical tankers, bulk carriers and other vessels deemed to be high risk more than 12 years old will be subject to more frequent inspections by the competent national authorities. Similarly, member states must ensure that vessels flying the flag of a state which features on the OMI grey or black lists and which have been detained in a European port more than twice during the previous 36 months, are refused access to their ports and anchorages. While accepting the principle that all vessels entering a port have to be inspected, MEPs, nevertheless, provided for a number of exceptions for vessels which were not of high risk. They also came out in favour of the incorporation into Community law of the International Labour Organisation (ILO) 2006 maritime labour convention.
With regard to the report by Belgian Liberal MEP Dirk Sterkx on the draft proposal on setting up a Community monitoring and information system, Parliament agreed that vessels in distress had to be accepted in designated places of refuge, even if there were no financial guarantees or insurance.
This decision should be taken by an independent and competent authority with full decision-making powers regarding action to be taken to protect human lives, protect coasts from pollution and reduce adverse economic effects. The authority will impose a given itinerary on the vessel, take over control of the vessels and send a rescue team to provide assistance. The Parliament also adopted provisions making it an obligation for member states to designate such an authority. In the event of costs incurred by ports when taking in a ship in distress, the Parliament suggests that member states should compensate the ports for any costs that they have borne, mainly when such costs are not covered by financial guarantees taken out by ship charterers or other existing systems.
The Parliament also supported the transport committee which had said that only fishing boats longer than 24 metres navigating in European territorial waters should be equipped with Automatic Identification Systems (AIS). As this rule will apply not only to new but also to older vessels, the Parliament has suggested creating a specific fund, other than the Fisheries Fund, which will allow co-funding of up to 90% of Community funding. In addition to the AIS systems, the Parliament has asked for vessels moving between European ports to be equipped with Long Range Identification and Tracking Systems (LRIT). The provisions of the International Maritime Organisation, which were to be included in the current package, do not provide for this procedure except when vessels are travelling on international routes.
The Parliament also adopted all the proposals made by the rapporteur, Luis De Grandes Pascual (EPP-ED, Spain), on the proposal for a directive establishing common rules and norms for ship inspection bodies, entrusting member states with the setting in place, within 12 months from the directive's entry into effect, of an assessment committee that will be responsible for monitoring the work and the quality of classification bodies. As such, these certified bodies may, on behalf of the flag nations, carry out inspections on ships pursuant to common rules applicable to member states after entry into force of the present directive. The Parliament also lowered the amount of the fines and penalties imposed on companies found guilty of infringement. According to the Parliament, their cumulated amount should not exceed 5% of the total turnover of the companies involved.
Approving the report by Paolo Costa (ALDE, Italy) on the proposal for a regulation on the responsibility of companies that carry out passenger transport by sea or by inland navigation, MEPs supported the Commission's proposal which makes it an obligation for carriers to make, within 15 days after an accident, advanced payments to cover the immediate needs of passengers, or of their families in the event of decease or injury of the passengers. They also specified that the advance payment could not be less than €21,000, not only in the case of decease, as the Commission had hoped, but also in the event of absolute or permanent disability or in the case of injuries that cover at least 75% of the passenger's body. According to MEPs, the advance payment is in no way acknowledgement of the carrier's blame. The Parliament kept the scope of the regulation to internal traffic (cabotage) and to internal navigation, but introduced a four-year transition period for inland navigation and of two years for national transport by regular ferry lines.
With the adoption of the report on the proposal for a directive establishing the fundamental principles and governing inquiries into accidents in the maritime transport sector, the Parliament makes it an obligation for member states to open security inquiries two months at most after the accident or the incident occurring in European waters.
During the debate, Karin Roth, speaking on behalf of the German EU Presidency, stressed that the Presidency was keen on improving maritime security and that, with the Council, it will seek to take decisions during the next Transport Council on 16 and 17 June, mainly with regard to the directive on port state control. Evoking the question of civil liability of carriers, Ms Roth admitted that the question was “more complex” as there was no agreement on the scope of the regulation within the Council, which does not wish to include “internal navigation” routes. The member states also wish to better define the conditions for advance payments. The Parliament wants more (than what the Council can propose at present) and the Presidency is aware of this, she said after the debate, assuring that, after the Council in June, the Council will tackle the directive on classification firms. Thanking rapporteurs for their commitment and support, the vice-president of the Commission in charge of transport, Jacques Barrot, stressed how important it was to make all maritime transport safe and secure. “Europe must be a leader in maritime security”, he stressed. (aby)