Luxembourg, 08/06/2007 (Agence Europe) - Adopting three agreements in principle and an assessment report in Luxembourg on 7 June, the EU's transport ministers confirmed their main disagreements with the European Parliament and European Commission over the third maritime safety package. Despite the many amendments adopted by the European Parliament when it voted on the package in first reading in April 2007 (see EUROPE 9398 and 9412), the vast majority of member states stuck to the position they outlined in June 2006 on the draft directive on establishing a ship information and monitoring system (see EUROPE 9207) and the position outlined in December 2006 on the draft directive on state port inspections (see EUROPE 9325).
On monitoring shipping, disagreement persists over the rules on how ships in distress are to be admitted to safe areas. The Council and European Parliament also disagree on how fishing vessels are to be equipped with automatic identification systems (AIS). Member states have, however, accepted that AIS should be kept running at all times, as the EP suggests, except in exceptional circumstances where the captain believes it would be better to switch the system off to ensure the safety of the ship.
Adopting agreement in principle on state port inspections, all member states, apart from Malta, approved the inspection system for all ships docking at European ports in line with the risks involved. Inspections would therefore focus on non-conforming ships which would be subject to more regular inspections (no less than every 6 months for ships believed to be high-risk). The Council also believes inspections should only concern ports or anchoring areas under the jurisdiction of EU member states, but the European Parliament wants inspections to also be carried out at anchoring areas in the high sea.
Discussing the draft directive on accident investigations for the first time, the Transport Council agreed to establish a permanent investigation body to decide in full independence and impartiality on whether a safety investigation should be carried out to determine the causes and circumstances of accidents at sea. On request from the Czech Republic and other member states, the Council introduced an exemption for member states which do not have any coastline and therefore do not have their own flagships. Rather than setting up a permanent body, they will be requested to designate a cooperation department. The Commission is prepared to accept the idea.
The Council adopted an assessment report on the draft regulation on transport company liability for sea and inland waterway passengers and their luggage. Most member states back the idea of excluding inland waterways from the directive. The Council decided to work on this issue under the Portuguese Presidency.
The four other pieces of legislation in the package (flag state liability, classification companies, compensation for damage and liability with regard to ship ownership) have been put on the backburner for the moment. Member states want each item of legislation to be examined separately but the European Parliament and Commission want all four to be examined at the same time. (aby)