Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | BUDG | ||
Lead | DELE | ORTUONDO LARREA Josu (V/ALE) | |
Opinion | ENVI | VACHETTA Roseline (GUE/NGL) | |
Opinion | ITRE | PIÉTRASANTA Yves (V/ALE) | |
Lead | RETT | ORTUONDO LARREA Josu (V/ALE) |
Legal Basis EC Treaty (after Amsterdam) EC 080-p2
Activites
- 2002/01/22 Final act published in Official Journal
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2001/12/19
Final act signed
-
2001/12/19
End of procedure in Parliament
-
2001/12/13
Decision by Parliament, 3rd reading
-
T5-0696/2001
summary
The European Parliament adopted the resolution drafted by Josu ORTUONDO LARREA (Greens/EFA, E) approved by the Conciliation Committee. (Please refer to the previous text). To recall, Parliament's amendments proposed a maximum of EUR 4 million to EUR 7 million in the case of personal injury or death and EUR 2 million to EUR 4 million in case of material damage. Over and above these ceilings, Parliament originally took the view that administrations should not attempt to recover further sums from the survey organisations. In conciliation it was agreed that the Commission would consider this issue and submit proposals amending the Directive with more specific reference to the principle of liability and the maximum liabilities.�
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T5-0696/2001
summary
- 2001/12/12 Debate in Parliament
- #2395
-
2001/12/06
Council Meeting
-
2001/11/13
Final decision by Conciliation Committee
-
2001/11/12
Joint text approved by Conciliation Committee co-chairs
- 3656/2001
- 2001/10/24 Report tabled for plenary, 3rd reading
- #2374
- 2001/10/15 Council Meeting
-
2001/09/18
Formal meeting of Conciliation Committee
-
2001/08/20
Parliament's amendments rejected by Council
-
2001/05/16
Decision by Parliament, 2nd reading
-
T5-0261/2001
summary
The European Parliament approved the report by Mr Josu ORTUONDA LARREA (Greens/EFA, E) on the common position with amendments relating to the financial liability of classification societies, the organisations responsible for issuing seaworthiness certificates. (Please refer to the previous document).�
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T5-0261/2001
summary
- 2001/05/15 Debate in Parliament
- 2001/04/25 Vote in committee, 2nd reading
-
2001/02/28
Committee referral announced in Parliament, 2nd reading
- #2332
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2001/02/26
Council Meeting
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05178/1/2001
summary
The Council agreed with the general thrust of the Commission proposal for the strengthening and harmonisation of the Community regime concerning recognised organisations. The Council sought in particular to maintain and strengthen this thrust of the proposal while adhering to the scope of the directive and taking into account the principle of subsidiarity, to facilitate its application in practice, to respect the international obligations of the Community and to enhance transparency. The Council made the following adjustments to the Commission proposal, which essentially concern the provisions on financial liability: - the Council agreed with the Commission proposal that for gross negligence and wilful act or omission the liability of the recognised organisations should be unlimited. However, the Council strengthened the liability regime concerning negligent or reckless act or omission. The Council agreed that in such cases of less severe negligence the Member States could limit the liability of the organisations. Nevertheless, in the spirit of making the parties involved in maritime transport better accountable, the Council found appropriate to establish at Community level a minimum level for such a possible ceiling, i.e. EUR 5 million for death or personal injury and EUR 2.5 million for damaged property; - concerning the liability for special, indirect or consequential losses or damages and the defences for the personnel of the recognised organisations, the Council felt that it would be premature to legislate in such detail at Community level. It is considered preferable to leave these existing national rules on liability, subject however to possible future proposals by the Commission in the framework of the overall evaluation of the functioning of the liability regime; - recognising that this Directive would for the first time introduce Community rules for the liability of recognised organisationd, the common position includes two elements for a possible revision of these rules, which build upon the amendments by the European Parliament: - the Committee procedure may be used to increase the minimum limits of financial liability, if said amounts were to be found too low; - the Commission will monitor the functioning of the liability regime, submit a report to the European Parliament and the Council and propose amendments where necessary. The Council also made certain technical amendments aimed at increasing the technical and legal clarity of the text, facilitating the application, improving transparency and taking account of the principle of subsidiarity. Furthermore, the Council departed from the opinion of the Parliament on certain amendments, thereby following the Commission. The reasons therefore were reasons of preserving legal clarity and, in the substance: - reasons of not widening the scope of the Directive; - reasons of avoiding a weakenig of the Directive; - reasons for respecting the Community's commitments within the framework international trade fora. �
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05178/1/2001
summary
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2000/12/13
Modified legislative proposal published
-
COM(2000)0849
summary
During its 29-30 November 2000 Plenary Session, the European Parliament approved, subject to a number of amendments, the Commission's proposal for a Directive of the European Parliament and of the Council amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisatons and for the relevant activities of the maritime administrations. The Parliament supports the Commission's initiative to ensure stricter surveillance over classification societies, and to introduce more stringent qualititative criteria any classification society will have to meet in order to obtain EU recognition or to maintain such recognition. This contributes to the strengthening of the present system of Community-wide recognition of classification societies to be authorised to work on behalf of Member States and thereby improves further maritime safety. The Commission is prepared to incorporate these suggestions and amendments which risk confusing the application of the Directive by changing established maritime terminology. The Commission cannot accept a broadening of the scope of the directive to include non-statutory work. Inspections and/or certification work undertakn by a classification society on behalf of a Flag State is the subject of this Directive, which is distinct from commercial work undertaken on behalf of private parties. For these reasons the Commission cannot accept amendments relating to: - the changing of the word 'Community' into 'Union' and, to change the word 'authorise'; - broadening the scope of the Directive to cover also work related to classification certificates; - taking away the obligation for Member States as Flag States to carry out their own assessment of the recognised organisations they have authorised to work on their behalf, in relation to the flagged fleet; - the exact time (24hrs) a classification society must await consultation with the flag State on whose behalf they are working; - the certification of Recognised Organisations who's head office is located outside the EU; - the shipowner/operator; - obliging the Committee set up under the Directive to consult with organisations they are to monitor on an annual basis; - the withdrawal of recognition; - inspection procedures. The Commission does, however subject to some re-drafting, agree with the European Parliament on the need for further transparency and right of information, and on the clarification in relation to requests for recognition of organisations (classification societies), also in relation to limited recognition. In addition, the Commission accepts the arguments to introduce the possibility to revise amounts related to limited liability and, subject to some re-drafting, the amendments relating to impartiality of classification societies and their exclusive surveyors. �
- DG ['Energy and Transport'],
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COM(2000)0849
summary
-
2000/11/30
Debate in Parliament
- Debate in Parliament
-
T5-0534/2000
summary
The European Parliament adopted the report by Mr José ORTUONDO LARREA (Greens/EFA, E). This report was subject to various amendments which mirror those which were outlined in the decision of the committee responsible. (Refer to the previous document). �
- 2000/11/20 Vote in committee, 1st reading/single reading
- #2279
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2000/06/26
Council Meeting
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2279
summary
Pending the institutional procedures under way (Opinion of the Economic and Social Committee and the Committee of the Regions, codecision procedure with the European Parliament), the Council noted that there was broad agreement on the draft Directive on ship inspection organisation. The draft Directive aims at strengthening and harmonising the quality of the ship inspection ad survey organisations undertaking tasks for the Member States ("classification societies"). Under the terms of these conclusions, the Council: - reaffirms its resolve to pursue and step up a maritime safety policy at international, Community and national level to reduce the risk of accidents, thus avoiding loss of human life and preventing pollution of marine environment; - recognises that acceptance, by any part of the shipping industry, of substandard practices affects protection of people and the environment, vessel safety and fair competition and that the elimination of such practices will be beneficial for all parties involved and help bring about a universal culture of safety and quality; - calls on the Member States to evaluate the situation and, where necessary, to tailor human resources and means required to the various tasks to be carried out by them and to introduce a quality management system; - points out the need to develop exchanges of experience between the Member States on organisational matters and working methods in particular by a better coordination of the activities of Vessel Traffic Services, with a view to establishing improved procedures and requirement levels; - supports the development and extension of the EQUASIS information system so as to bring greater transparency of information of the safety and quality of merchant vessels worldwide; - realising that the improvement of maritime safety requires fully qualified crews and good shipboard working conditions; - considers that special heed should be paid to seaborne trade of oil and other hazardous substances. The Council also urges the Member States, bearing in mind the importance of involving non-EU countries as well, strongly to support work under way within the IMO that should result in a quick and adequate revision of Annex I to the MARPOL Convention so as to eliminate the risk of shipping in single-hull oil tankers. In addition, the Council calls on the Commission and the Member States to pursue the objective of increasing the ceiling for compensation per accident laid down by the International Fund for Compensation for Oil Pollution Damage (IOPCF) with a view, in particular, to providing better coverage for damage to the environment, and to work for that purpose with non-EU countries as well. The Council requests the Commission to consider developing, when appropriate, a European database on accidents and incidents at sea. In conclusion, it points out that pursuit of maritime safety policy depends on proper, effective application of existing legislation, including general Community measures on health and working conditions applicable to the maritime sector. It reiterates the aim of maintaining and promoting seafaring occupations in Europe, by means of increased interest in suchwork on the part of young Europeans and appropriate job training. To this end it calls on the Commission to submit a communication on the recruitment and training of seafarers, bearing in mind in particular the suggestion made by the social partners.�
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2279
summary
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2000/05/03
Committee referral announced in Parliament, 1st reading/single reading
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2000/03/21
Legislative proposal published
-
COM(2000)0142
summary
PURPOSE : to present a proposal for a Directive of the European Parliament and of the Council amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations. CONTENT : the proposed amendments to Council Directive 94/57/EC can be divided in two categories: the fine-tuning of the Community-wide recognition to be met by the recognised organisations, including controls and sanctions, and the more stringent requirements to be met by the recognised organisations. With regard to the fine-tuning of the Community-wide recognition of classification societies, this can be divided into sub-categories such as: - the granting of the recognition which will seek to ensure that compliance with the provisions of the Directive by the organisations seeking recognition as well as their good record of safety and pollution performance are assessed in a centralised and harmonised manner; - the suspension of the recognition by the Commission on the basis of the comitology procedure; - the withdrawal of the recognition by the Commission on the basis of the comitology procedure; - a positive side effect of the proposed amendments: the simplification and enhancement of the procedure for monitoring the recognised organisations; - the liability of the classification societies. As far as the more stringent requirements to be met by the recognised organisations are concerned, the classification societies of the International Association of Classification Societies (IACS) have adopted and implemented a so-called "Transfer of Class (TOC) Agreement", aimed at avoiding the unacceptable practice of ships changing class in order to avoid carrying out the requested repairs ("class hopping"). It is felt necessary to make the main provisions of this Agreement compulsory at Community level, and therefore for all the organisations recognised on the basis of the Directive, whether they are members of the IACS or not. The relevant provisions of the TOC Agreement to be transposed into the Directive are those stating that the certificates of a ship changing class can be issued by the gaining organisation only after all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against the vessel by the losing classification society have been properly dealt with. Moreover, in order to enhance transparency, the recognised organisations shall disclose more information on their classed fleets, and on changes, suspensions and withdrawals of class. In an attempt to tighten the net around substandard ships, the recognised organisations are required to communicate to the Port State Control authorites all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restictions issued against a ship. In addition, it is also proposed that the recognised organisations will no longer be able to make use of non-exclusive surveyors to carry out statutory tasks. The exclusive surveyors shall only be authorised to operate onboard those types of ships of which they have an extensive knowledge. The new requirements aim to strengthen the working procedures of the classification societies in order to enhance their quality performance and, in turn, maritime safety and pollution in general. The proper implementation of these rules will be monitored by the Commission and the Member States in the framework of the inspections of the recognised organisations to be carried out on the basis of the Directive.�
- DG ['Energy and Transport'],
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COM(2000)0142
summary
Documents
- Legislative proposal published: COM(2000)0142
- Debate in Council: 2279
- Committee report tabled for plenary, 1st reading/single reading: A5-0342/2000
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0534/2000
- Modified legislative proposal published: COM(2000)0849
- Council position published: 05178/1/2001
- Committee recommendation tabled for plenary, 2nd reading: A5-0144/2001
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T5-0261/2001
- Debate in Council: 2374
- Report tabled for plenary, 3rd reading: A5-0441/2001
- Joint text approved by Conciliation Committee co-chairs: 3656/2001
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 3rd reading: T5-0696/2001
- : Directive 2001/105
- : OJ L 019 22.01.2002, p. 0009-0016
History
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