Brussels, 11/03/2009 (Agence Europe) - Meeting in plenary on Wednesday 11 March, the European Parliament adopted without amendments the raft of reports on the proposals which make up the third maritime package (Erika III). The vote confirms an agreement negotiated in conciliation on 8 December last year on six texts of the package (see EUROPE 9800) and enshrines, at second reading, the common position of the Council on the two proposals of the package on the financial liability of shipowners and respect for the obligations of the flag states (see EUROPE 9758).
Negotiated after three years of intense debates between the Council and the Parliament, this maritime package aims to increase the quality European flag by harmonising the provisions on safety and by bringing in an independent and harmonised system of accident investigations (report by the Czech MEP Jaromir Kohlicek). The package also brings in a system of obligatory insurance for shipowners and reinforces the system of inspections which, once it is harmonised and regularised, may then be imposed upon all vessels entering EU ports. Classification societies. The work of classification societies responsible for inspections and the certification of the safety of vessels has been harmonised, guaranteeing the mutual recognition of safety certificates, which will be issued on the basis of equivalent technical standards from now on. The text, which was split up over the course of the work into a directive (relations between the Member States and these bodies) and a regulation, establishes minimum criteria in line with international conventions, for the accreditation of these societies, to which the Member States may entrust the inspection and certification of safety standards regarding the hull, command mechanisms, machines and electrical installations on board vessels flying their flag. An assessment committee will be set up to check and certify the quality of their work. A system of penalties, up to and including the withdrawal of the accreditation, is in place in the event of bodies not up to scratch. The two reports by Luis de Grandes Pascual (EPP-ED, Spain) on this subject were adopted by a vast majority of votes (respectively 665 votes in favour, 19 against (directive) and 665 votes in favour, 17 against five abstentions (regulation)). Port state control. The report by Dominique Vlasto (EPP-ED, France), which was approved by 641 votes (15 against and 15 abstentions), confirms the reinforcement of vessel inspections stopping over in European courts. From 1 January 2011, all vessels entering European ports and at anchor will be subject to an inspection regime, depending on the risk profile they present (see EUROPE 9800). Access will be temporarily denied to vessels which fail to conform to European safety rules. After three periods following consecutive refusals, designed to give the operator time to come into line (six months, 12 months and finally, 24 months), the vessel in question may be banned altogether, with no appeals. Monitoring of vessel traffic and information. The text guarantees that all vessels will be connected to the information exchange network between the national maritime administrations, SafeSeaNet . It also lays down a legal framework for vessels in distress (each Member State must put together plans to host vessels in need of assistance and to appoint a competent authority, which is capable of taking decisions on its own initiative concerning accepting a vessel in distress). In order to reduce the risk of collisions at sea, the text provides that all new fishing vessels of more than 15 m in length must be equipped with automatic identification systems (AIS), no more than 18 months after the entry into force of the directive (three years for vessels between 24 and 45 m; four years for those between 18 and 24 m and five years for vessels between 15 and 18 m). Contrary to the hopes of the Parliament, the proposal does not include any compensation for ports damaged as a result of a vessel in distress entering aem, but, according to the rapporteur Dirk Sterckx (ADLE, Belgium), a provision of this kind will shortly be proposed. Transporter liability in the event of an accident. The regulation brings into Community law the Athens Convention, which lays down the rights and obligations of passengers and transporters and provides for a no-fault liability regime in the event of damage resulting from accidents (payment of advances in the event of death or serious injury suffered by the passenger, with a minimum value of 21,000 euros in the event of death). It also obliges transporters to take out an insurance policy and allows plaintiffs to approach the insurer directly for reparations. The regime will be applicable from 1 January 2012 (with the exception of a transition period of four years for class A vessels), both for international transport and the main cabotage lines. Drafted by Paolo Costa (ADLE, Italy), the report concerning the agreement was adopted by 673 votes against 18 and two abstentions. The MEPs also approved, at second reading, the reports by Gilles Savary (PES, France) and Emanuel Jardim Fernandes (PES, Portugal) on shipbuilders' insurance (civil liability) and on the obligations of the flag state respectively. In line with these new provisions, all vessels flying the European flag and all vessels entering a maritime area which comes under the jurisdiction of a Member State of the EU must have insurance cover. Proof of this insurance will be given by means of a commercial certificate and may be verified as part of controls by the port State.
After the vote, Gilles Savary declared that, “zero accident risk does not exist at sea and on the coasts which are as stormy and busy as on our continent”. He welcomed the fact that parliament had for once, “succeeded in getting the Council…initially reluctant, to accept a range of particularly ambitious texts that oblige the how maritime transport chain to take responsibility”. Antonio Tajani, the Commissioner for transport said that he was, “particularly satisfied with the agreement between the Parliament and Council”. He also stressed that the package, “completes and updates existing European legislation” and responds to European citizens' concerns. (A.By./trans/fl/rh)