Brussels, 09/10/2008 (Agence Europe) - On Thursday 9 October, EU Transport Ministers reached political agreement on the last two texts of the 3rd transport package: the draft directive on flag state requirements and the draft directive on the compulsory insurance of vessels. While cutting back on the initial scope of the two texts (see EUROPE 9638), the Council, nonetheless, has brought in minimum measures to guarantee the solvency of European ship owners in the event of accidents and to monitor the quality of the European flags. All vessels entering European ports (whether sailing under EU flags or under flags of third countries) will be required to have insurance. A statement on maritime security adopted by the Council completes the two texts and commits member states to subscribing, by 2012, to a series of international conventions on liability in the event of pollution. The Council and European Parliament are likely to reach agreement on these two texts on second reading, in parallel with conciliation talks on the five other texts of the package.
“This is a huge step towards a Europe with clear maritime security,” stated French Secretary of State for Transport Dominique Bussereau, and he said that the compromise brought an end to the objections which had seen the text thrown out by most EU countries. “It does not involve any transfer of responsibility (from member states to the Community), any excessive red tape” or any difference in treatment at regional and world levels. Transport Commissioner Antonio Tajani said he would guarantee that the text would not be altered during the conciliation process with the EP (which backs a Community maritime security scheme).
Flag state requirements. The proposal, as amended by member states, establishes minimum compulsory arrangements to make sure that the choice of flag in Europe carries with it certain obligations. The text introduces a compulsory in-depth audit of maritime administrations, to be carried out at least once every seven years and the results of which are to be made public. The text also sets up a quality management system for administrative procedures which has to be certified and put in place within three years of the directive's coming into force, and also a raft of accompanying measures, including one which states that administrations should have harmonised procedures which are to be applied when a vessel flying their flag is held in a port.
Civil liability of ship owners. Considerably amended from the original proposal, the draft directive backed by the Council provides only for a system of insurance for ship owners. The draft provides for compulsory insurance for vessels of over 300 gross tonnage entering European ports, insurance which covers maritime liability up to that provided for by the International Maritime Organisation's 1996 LLMC Convention (Limitation of Liability for Maritime Claims). This insurance, which guarantees the solvency of ship owners in the event of damage, is to be compulsory for: - all vessels flying European flags; - all vessels entering EU ports (whether or not the flag state has ratified the Convention). The Insurance certificate is to be checked during in-port vessel inspections which have been made compulsory by another maritime package proposal on inspection by the port state. Every member state could also require such an insurance system for all vessels passing through its territorial waters. In the event of a vessel failing to comply with the insurance scheme, the vessel could be either detained in the Community port (draft directive on port inspections) or ejected from the port (in which case all other member states, the European Commission and the flag state are to be informed) and not allowed access to other ports until such time as the owner complies. The directive also provides for a system of sanctions (initially questioned by Portugal, Malta and Slovenia) to be applied when the directive's arrangements are infringed. This system is to be transposed by 2012. At the present moment, only the IOPC (International Oil Pollution Compensation Funds) guarantee ship owners financial cover, up to a certain ceiling, in the event of oil spillages.
Statement on maritime safety. Not binding in Community law, this statement commits member states to 1) reaching an international agreement as soon as possible on liability and compensation for damage related to the transport by sea of hazardous and noxious substances (HNS); 2) ratifying, by 2012 at the latest, the IMO Code for the implementation of mandatory IMO instruments, the 1992 international convention on civil liability for damage caused by oil pollution, the convention on the creation of the IOPC, the 1996 protocol on the LLMC convention, the 2001 convention on civil liability for damage due to pollution by oil from ships' tanks and the 2003 protocol which set up a compensation fund for this type of pollution; 3) ratifying, by 2013, the 2007 Nairobi international convention on removing shipwrecks. (A.By./transl.rt)