BETA


2015/0136(NLE) International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea with regard to aspects related to judicial cooperation in civil matters; Protocol of 2010: ratification and accession by Member States

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI SVOBODA Pavel (icon: PPE PPE) ROZIÈRE Virginie (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR)
Former Responsible Committee JURI SVOBODA Pavel (icon: PPE PPE)
Former Committee Opinion ENVI
Former Committee Opinion TRAN
Former Committee Opinion PECH
Lead committee dossier:
Legal Basis:
TFEU 081-p1, TFEU 218-p6a

Events

2017/05/04
   Final act published in Official Journal
Details

PURPOSE: to authorise Member States to ratify the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

NON LEGISLATIVE ACT: Council Decision (EU) 2017/770 on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters

CONTENT: the Decision authorises Member States to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision.

The 2010 HNS Convention aims to make it possible for compensation to be paid to victims of accidents involving hazardous and noxious substances , such as chemicals, including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea. It replaces the 1996 HNS Convention has not entered into force due to an insufficient number of ratifications.

A text consolidating the 1996 HNS Convention and the Protocol of 2010 (‘2010 HNS Convention’) was prepared by the International Maritime Organization (‘IMO’) Secretariat and approved by the IMO Legal Committee at its 98th meeting.

The Union has exclusive competence in relation to Articles 38, 39 and 40 of the 2010 HNS Convention in as much as that Convention affects the rules laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Therefore, Member States need to be authorized to ratify or accede to the Protocol with regard to these aspects.

Ratification instruments: the Decision provides that Member States shall endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, by 6 May 2021 .

Data on contributing cargo: in order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention during the preceding calendar year. For that purpose, States are required to set up a system for the reporting of HNS contributing cargo prior to expressing their consent to be bound by the Protocol of 2010.

The Council Decision provides that Member States shall:

· inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational;

· seek to exchange best practice , in particular on the system for the reporting of HNS contributing cargo.

It should be noted a Decision presented in parallel to this one aims to ratify the 2010 Protocol, with the exception of the aspects related to judicial cooperation in civil matters.

ENTRY INTO FORCE: 5.5.2017.

2017/04/25
   EP/CSL - Act adopted by Council after consultation of Parliament
2017/04/25
   EP - End of procedure in Parliament
2017/04/25
   CSL - Council Meeting
2017/04/05
   EP - Results of vote in Parliament
2017/04/05
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 603 votes to 34, with 61 abstentions, a legislative resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

Documents
2017/03/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

The committee recommended the European Parliament to give its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (1996 HNS Convention), with regard to the aspects related to judicial cooperation in civil matters.

In a short justification accompanying the draft recommendation, it was recalled that in view of the substantial discrepancies between the draft Council decision and the original proposal, the European Parliament adopted, on 8 June 2016, an interim resolution with recommendations for modification of the said draft Council Decision. The aim being to work towards a positive outcome with the Council and the Commission that would ensure the uniformity, integrity and effectiveness of Union law as well as the fundamental principle of conferral of EU competences.

The main discrepancies between the draft Council decision and the Commission proposal concerned in particular:

the extent of exclusive Union competence pursuant to Article 3(2) TFEU; the extent of overlap between Chapter IV of 2010 HNS Convention and the recast Brussels I Regulation; the necessity for an obligation on Member States to ratify the Convention within a fixed-timeframe.

The Commission welcomed the adoption by Parliament of this interim resolution and confirmed that it would have been ready to accept a compromise solution on the legal basis of the proposal and an extended reasonable timeframe for ratification of the 2010 HNS Convention. The Council took note of Parliament’s resolution but found that there was no scope to reopen the discussion on the text of the draft Council Decision, since it fell under the consent and not the co-decision procedure.

Having regard to the cross-boundary impact accidents involving HNS cargo are likely to have, the rapporteur considered that it is in the interest of the Union to have a homogenous liability regime applicable to environmental damage arising from the carriage of HNS at sea.

Documents
2017/03/23
   EP - Vote in committee, 1st reading/single reading
2017/02/03
   EP - Committee draft report
Documents
2016/06/08
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted 638 votes to 7, with 35 abstentions, a resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

To recall, the aim of the 2010 HNS Convention is to ensure accountability and the payment of adequate, prompt and effective compensation for loss or damage to persons, property and the environment arising from the carriage of hazardous and noxious substances by sea through the specialised International HNS compensation fund.

Based on the interim report presented by the Committee on Legal Affairs, Parliament called on the Council and the Commission to take into consideration the following recommendations:

ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention in accordance with the settled case law of the Court of Justice; pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned; ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention; ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention, compared to those who might wish to delay this process and continue to be bound by the ELD only; ensure the removal of the permanent co-existence of two maritime liability regimes - a Union-based one and an international one; ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision.

Parliament concluded that this resolution would be a further possibility for the Council and the Commission to address the recommendations set out above.

Documents
2016/05/30
   EP - Committee interim report tabled for plenary
Details

The Committee on Legal Affairs adopted the interim report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

Parliament received a letter requesting it to give its consent to the draft Council decision on the ratification and accession by Member States on behalf of the Union to the 2010 Protocol to the HNS Convention on 17 December 2015.

With this interim report, Members seek to ensure that the Parliament works towards a positive outcome with the Council and the Commission on this issue.

The committee asked the Council and the Commission to take into account the following recommendations:

ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention; pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned; ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention; ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention; ensure the removal of the permanent co-existence of two maritime liability regimes - a Union-based one and an international one; ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision.

Documents
2016/05/24
   EP - Vote in committee, 1st reading/single reading
2016/04/29
   EP - Amendments tabled in committee
Documents
2016/04/05
   EP - Committee draft report
Documents
2016/01/18
   EP - Committee referral announced in Parliament, 1st reading/single reading
2015/12/14
   EP/CSL - Act adopted by Council after consultation of Parliament
2015/12/14
   CSL - Council Meeting
2015/12/08
   EC - Legislative proposal published
Details

PURPOSE: to authorise Member States to ratify the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND : the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 ('1996 HNS Convention') aims to ensure adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

The 1996 HNS Convention has been amended by the Protocol of 2010 . A text consolidating the 1996 HNS Convention and the Protocol of 2010 ('2010 HNS Convention') was prepared by the International Maritime Organization ('IMO') Secretariat and approved by the IMO Legal Committee. The 2010 HNS Convention will take effect once the Protocol of 2010 enters into force in Member States.

The 2010 HNS Convention provides for improved protection of the victims of damage in connection with the carriage of HNS by sea , including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea.

The Union therefore has exclusive competence in relation to Articles 38, 39 and 40 of the 2010 HNS Convention inasmuch as that Convention affects the rules laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

In order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention during the preceding calendar year.

At its 100th meeting in 2013, the IMO Legal Committee endorsed Guidelines on the reporting of HNS contributing cargo.

CONTENT: by this draft Decision, Member States would be authorised to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision.

Member States should:

endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, within four years after the date of entry into force of the Decision; inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational; seek to exchange best practices , in particular on the system for the reporting of HNS contributing cargo under the Protocol of 2010.

The United Kingdom and Ireland are bound by Regulation (EU) No 1215/2012 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.

It should be noted a draft decision presented in parallel to this one aims to ratify the 2010 Protocol, with the exception of the aspects related to judicial cooperation in civil matters.

Documents
2015/07/13
   EP - SVOBODA Pavel (PPE) appointed as rapporteur in JURI
2015/07/13
   EP - SVOBODA Pavel (PPE) appointed as rapporteur in JURI
2015/06/22
   EP - Preparatory document
Details

PURPOSE: i) ratification by Member States on behalf of the Union to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea ii) accession by Member States to the said Protocol with regard to aspects related to judicial cooperation in civil matters.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the adoption and entry into force of international rules on liability for non-contractual damages arising from the carriage of hazardous and noxious substances (HNS) by sea is crucial in view of the significant share HNS cargo represents in maritime freight transport worldwide.

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, ('1996 HNS Convention') was aimed at ensuring adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

The Protocol of 2010 to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, are to be read, interpreted and applied together as one single instrument.

Neither the 1996 HNS Convention, nor the 2010 Protocol to the HNS Convention has entered into force. The latter has no contracting parties to it to this day.

The 2010 Protocol, and thereby the consolidated 2010 HNS Convention , will enter into force 18 months after the date on which at least 12 States, 4 of which with no less than 2 million units of gross tonnage each, have ratified it, and the relevant data on contributing cargo have been submitted to the IMO Secretary-General showing no less than 40 million tonnes of cargo contributing to the general HNS account received in total in those States during the preceding calendar year.

The main changes from the 1996 HNS Convention to the 2010 HNS Convention are:

excluding packaged HNS from the definition of contributing cargo to the HNS Fund, while damage caused by packaged HNS remains covered by the two-tier system of compensation established in the Convention; increasing the liability limits of the ship owner for ships carrying packaged HNS in order to accommodate better the exclusion of packaged HNS as contributing cargo to the HNS Fund; making the physical receiver of LNG the responsible party for payment of the relevant contributions to the HNS Fund, unless there is a different agreement between the titleholder and the receiver; making payment of compensation by the HNS Fund in case of a covered incident conditional upon the fulfilment by the State concerned of its obligation to submit reports on contributing cargoes for all years prior to the incident

Given that issues related to judicial to judicial cooperation in civil matters do not apply to Denmark, the Council must adopt two separate decisions. Accordingly, a parallel draft decision aims to ratify the Protocol of 2010 with the exception of aspects related to judicial cooperation in civil matters.

IMPACT ASSESSMENT: whilst no formal impact assessment was required, several options have been examined and weighed. The Commission considers that the conclusion of the 2010 Protocol to the HNS Convention will ensure:

uniform application of rules on liability and compensation in connection with accidents caused by ships carrying HNS at sea across the EU; availability of sufficient funds for compensation of victims of such accidents.

Using an international regime rather than regional solutions for these purposes better suits the nature of shipping as a global business.

CONTENT: under the draft Council Decision, Member States:

are authorised to ratify or accede to, as appropriate, the Protocol of 2010 on behalf of the Union with regard to aspects related to judicial cooperation in civil matters;

agree to be bound by the 2010 Protocol within two-year period from the entry into force of the Decision . Early adherence to the 2010 Protocol by all EU Member States will allow the threshold for entry into force concerning both the number of IMO Member States and aggregate fleet required (12 States including 4 with not less than 2 million units of gross tonnage each) to be attained.

State signature, ratification or acceptance of the 2010 Protocol nullifies any prior signature or ratification by that State of the 1996 HNS Convention. States ratifying the Protocol express their consent to be bound by the consolidated text of the 2010 HNS Convention, as a single, consolidated instrument for the Convention, which will take effect once the 2010 Protocol enters into force.

Denmark is not taking part in the adoption of the Decision and is not bound by this Decision or subject to its application.

Documents

Activities

Votes

A8-0190/2016 - Pavel Svoboda - Vote unique

2016/06/08 Outcome: +: 638, 0: 35, -: 7
DE FR IT ES GB RO PL PT BE HU CZ AT BG NL SE EL DK SK FI HR LT IE SI LV LU MT EE CY
Total
92
70
65
49
48
28
48
21
19
19
21
18
17
25
18
18
13
12
11
11
10
10
8
7
6
6
5
5
icon: PPE PPE
199

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
176

Netherlands S&D

3

Finland S&D

1

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
64

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
51

United Kingdom GUE/NGL

1

Czechia GUE/NGL

3

Netherlands GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
46

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
61

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Netherlands ECR

2

Greece ECR

For (1)

1

Slovakia ECR

2
2

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: ENF ENF
38

Germany ENF

For (1)

1

United Kingdom ENF

Abstain (1)

1

Romania ENF

1

Poland ENF

Against (1)

Abstain (1)

2

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: EFDD EFDD
31

Germany EFDD

Abstain (1)

1

France EFDD

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
14

Germany NI

2

United Kingdom NI

For (1)

1

Poland NI

Against (1)

1

Hungary NI

2

A8-0078/2017 - Pavel Svoboda - Approbation

2017/04/05 Outcome: +: 603, 0: 61, -: 34
DE FR IT ES RO PL PT SE BE AT HU NL CZ BG EL FI IE HR SK LT GB SI LU LV DK EE CY MT
Total
90
68
63
52
31
49
21
19
20
18
18
25
19
15
21
13
10
11
13
9
66
7
6
7
10
5
6
5
icon: PPE PPE
204

Luxembourg PPE

3

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Cyprus PPE

1

Malta PPE

2
icon: S&D S&D
172

Netherlands S&D

3

Czechia S&D

3

Ireland S&D

For (1)

1

Croatia S&D

2

Lithuania S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1

Denmark S&D

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3
icon: ALDE ALDE
65

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Ireland ALDE

For (1)

1

Croatia ALDE

2
2

United Kingdom ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
48

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Czechia GUE/NGL

2

Finland GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
47

Italy Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Belgium Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

For (1)

1
icon: ENF ENF
37

Germany ENF

Against (1)

1

Romania ENF

1

Poland ENF

2

Belgium ENF

Against (1)

1

Netherlands ENF

3

United Kingdom ENF

Against (1)

1
icon: ECR ECR
66

Germany ECR

For (1)

4

Italy ECR

2

Romania ECR

For (1)

1

Netherlands ECR

2

Czechia ECR

2

Bulgaria ECR

Abstain (1)

1

Greece ECR

For (1)

1

Finland ECR

Abstain (1)

2

Croatia ECR

Abstain (1)

1

Lithuania ECR

Abstain (1)

1

Latvia ECR

Abstain (1)

1

Cyprus ECR

Abstain (1)

1
icon: NI NI
19

Germany NI

2

France NI

Abstain (1)

3

Italy NI

For (1)

1

Poland NI

Against (1)

2

United Kingdom NI

3
icon: EFDD EFDD
39

Germany EFDD

Against (1)

1

France EFDD

1

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
AmendmentsDossier
14 2015/0136(NLE)
2016/04/29 JURI 14 amendments...
source: 582.121

History

(these mark the time of scraping, not the official date of the change)

committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: SVOBODA Pavel date: 2015-07-13T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
rapporteur
name: SVOBODA Pavel date: 2015-07-13T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: European People's Party (Christian Democrats) abbr: PPE
events/0
date
2015-06-22T00:00:00
type
Preparatory document
body
EP
docs
summary
events/0
date
2015-06-22T00:00:00
type
Initial legislative proposal published
body
EC
docs
summary
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0190&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0190_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0260
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0260_EN.html
events/8/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0078&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2017-0078_EN.html
events/10/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0105
New
http://www.europarl.europa.eu/doceo/document/TA-8-2017-0105_EN.html
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Former Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: Group of European People's Party abbr: EPP
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: European People's Party (Christian Democrats) abbr: PPE
docs/1
date
2016-04-29T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE582.121 title: PE582.121
type
Amendments tabled in committee
body
EP
activities
  • date: 2015-06-22T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0305/COM_COM(2015)0305_EN.pdf title: COM(2015)0305 type: Initial legislative proposal published celexid: CELEX:52015PC0305:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport Commissioner: BULC Violeta type: Initial legislative proposal published
  • date: 2015-12-08T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14112%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14112/2015 body: EC commission: DG: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport Commissioner: BULC Violeta type: Legislative proposal published
  • date: 2015-12-14T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3436
  • date: 2015-12-14T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2016-01-18T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: S&D name: ROZIÈRE Virginie group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
  • date: 2016-05-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: S&D name: ROZIÈRE Virginie group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
  • date: 2016-05-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0190&language=EN type: Committee interim report tabled for plenary title: A8-0190/2016 body: EP type: Committee interim report tabled for plenary
  • date: 2016-06-08T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27289&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0260 type: Decision by Parliament, 1st reading/single reading title: T8-0260/2016 body: EP type: Results of vote in Parliament
  • date: 2017-03-23T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: S&D name: ROZIÈRE Virginie group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0078&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0078/2017 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: S&D name: ROZIÈRE Virginie group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN date: 2017-03-27T00:00:00
  • date: 2017-04-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0105 type: Decision by Parliament, 1st reading/single reading title: T8-0105/2017 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2017-04-25T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3531
  • date: 2017-04-25T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2017-04-25T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2017-05-04T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0770 title: Decision 2017/770 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:115:TOC title: OJ L 115 04.05.2017, p. 0018 type: Final act published in Official Journal
commission
  • body: EC dg: Mobility and Transport commissioner: BULC Violeta
committees/0
type
Former Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2015-07-13T00:00:00
rapporteur
name: SVOBODA Pavel group: Group of European People's Party abbr: EPP
committees/0
body
EP
responsible
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
committees/1
type
Former Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
opinion
False
committees/1
body
EP
shadows
responsible
True
committee
JURI
date
2015-07-13T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: SVOBODA Pavel
committees/2
type
Former Committee Opinion
body
EP
associated
False
committee_full
Transport and Tourism
committee
TRAN
opinion
False
committees/2
body
EP
responsible
True
committee
JURI
date
2015-07-13T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: SVOBODA Pavel
committees/3
type
Former Committee Opinion
body
EP
associated
False
committee_full
Fisheries
committee
PECH
opinion
False
committees/3
body
EP
responsible
False
committee_full
Fisheries
committee
PECH
committees/4
body
EP
responsible
False
committee_full
Transport and Tourism
committee
TRAN
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 3531 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3531*&MEET_DATE=25/04/2017 date: 2017-04-25T00:00:00
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3436 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3436*&MEET_DATE=14/12/2015 date: 2015-12-14T00:00:00
docs
  • date: 2016-04-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE580.548 title: PE580.548 type: Committee draft report body: EP
  • date: 2017-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.652 title: PE597.652 type: Committee draft report body: EP
events
  • date: 2015-06-22T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0305/COM_COM(2015)0305_EN.pdf title: COM(2015)0305 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0305 title: EUR-Lex summary: PURPOSE: i) ratification by Member States on behalf of the Union to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea ii) accession by Member States to the said Protocol with regard to aspects related to judicial cooperation in civil matters. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the adoption and entry into force of international rules on liability for non-contractual damages arising from the carriage of hazardous and noxious substances (HNS) by sea is crucial in view of the significant share HNS cargo represents in maritime freight transport worldwide. The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, ('1996 HNS Convention') was aimed at ensuring adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea. The Protocol of 2010 to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, are to be read, interpreted and applied together as one single instrument. Neither the 1996 HNS Convention, nor the 2010 Protocol to the HNS Convention has entered into force. The latter has no contracting parties to it to this day. The 2010 Protocol, and thereby the consolidated 2010 HNS Convention , will enter into force 18 months after the date on which at least 12 States, 4 of which with no less than 2 million units of gross tonnage each, have ratified it, and the relevant data on contributing cargo have been submitted to the IMO Secretary-General showing no less than 40 million tonnes of cargo contributing to the general HNS account received in total in those States during the preceding calendar year. The main changes from the 1996 HNS Convention to the 2010 HNS Convention are: excluding packaged HNS from the definition of contributing cargo to the HNS Fund, while damage caused by packaged HNS remains covered by the two-tier system of compensation established in the Convention; increasing the liability limits of the ship owner for ships carrying packaged HNS in order to accommodate better the exclusion of packaged HNS as contributing cargo to the HNS Fund; making the physical receiver of LNG the responsible party for payment of the relevant contributions to the HNS Fund, unless there is a different agreement between the titleholder and the receiver; making payment of compensation by the HNS Fund in case of a covered incident conditional upon the fulfilment by the State concerned of its obligation to submit reports on contributing cargoes for all years prior to the incident Given that issues related to judicial to judicial cooperation in civil matters do not apply to Denmark, the Council must adopt two separate decisions. Accordingly, a parallel draft decision aims to ratify the Protocol of 2010 with the exception of aspects related to judicial cooperation in civil matters. IMPACT ASSESSMENT: whilst no formal impact assessment was required, several options have been examined and weighed. The Commission considers that the conclusion of the 2010 Protocol to the HNS Convention will ensure: uniform application of rules on liability and compensation in connection with accidents caused by ships carrying HNS at sea across the EU; availability of sufficient funds for compensation of victims of such accidents. Using an international regime rather than regional solutions for these purposes better suits the nature of shipping as a global business. CONTENT: under the draft Council Decision, Member States: are authorised to ratify or accede to, as appropriate, the Protocol of 2010 on behalf of the Union with regard to aspects related to judicial cooperation in civil matters; agree to be bound by the 2010 Protocol within two-year period from the entry into force of the Decision . Early adherence to the 2010 Protocol by all EU Member States will allow the threshold for entry into force concerning both the number of IMO Member States and aggregate fleet required (12 States including 4 with not less than 2 million units of gross tonnage each) to be attained. State signature, ratification or acceptance of the 2010 Protocol nullifies any prior signature or ratification by that State of the 1996 HNS Convention. States ratifying the Protocol express their consent to be bound by the consolidated text of the 2010 HNS Convention, as a single, consolidated instrument for the Convention, which will take effect once the 2010 Protocol enters into force. Denmark is not taking part in the adoption of the Decision and is not bound by this Decision or subject to its application.
  • date: 2015-12-08T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14112%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14112/2015 summary: PURPOSE: to authorise Member States to ratify the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND : the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 ('1996 HNS Convention') aims to ensure adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea. The 1996 HNS Convention has been amended by the Protocol of 2010 . A text consolidating the 1996 HNS Convention and the Protocol of 2010 ('2010 HNS Convention') was prepared by the International Maritime Organization ('IMO') Secretariat and approved by the IMO Legal Committee. The 2010 HNS Convention will take effect once the Protocol of 2010 enters into force in Member States. The 2010 HNS Convention provides for improved protection of the victims of damage in connection with the carriage of HNS by sea , including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea. The Union therefore has exclusive competence in relation to Articles 38, 39 and 40 of the 2010 HNS Convention inasmuch as that Convention affects the rules laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters In order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention during the preceding calendar year. At its 100th meeting in 2013, the IMO Legal Committee endorsed Guidelines on the reporting of HNS contributing cargo. CONTENT: by this draft Decision, Member States would be authorised to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision. Member States should: endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, within four years after the date of entry into force of the Decision; inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational; seek to exchange best practices , in particular on the system for the reporting of HNS contributing cargo under the Protocol of 2010. The United Kingdom and Ireland are bound by Regulation (EU) No 1215/2012 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it. It should be noted a draft decision presented in parallel to this one aims to ratify the 2010 Protocol, with the exception of the aspects related to judicial cooperation in civil matters.
  • date: 2015-12-14T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-01-18T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-05-30T00:00:00 type: Committee interim report tabled for plenary body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0190&language=EN title: A8-0190/2016 summary: The Committee on Legal Affairs adopted the interim report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. Parliament received a letter requesting it to give its consent to the draft Council decision on the ratification and accession by Member States on behalf of the Union to the 2010 Protocol to the HNS Convention on 17 December 2015. With this interim report, Members seek to ensure that the Parliament works towards a positive outcome with the Council and the Commission on this issue. The committee asked the Council and the Commission to take into account the following recommendations: ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention; pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned; ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention; ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention; ensure the removal of the permanent co-existence of two maritime liability regimes - a Union-based one and an international one; ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision.
  • date: 2016-06-08T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0260 title: T8-0260/2016 summary: The European Parliament adopted 638 votes to 7, with 35 abstentions, a resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. To recall, the aim of the 2010 HNS Convention is to ensure accountability and the payment of adequate, prompt and effective compensation for loss or damage to persons, property and the environment arising from the carriage of hazardous and noxious substances by sea through the specialised International HNS compensation fund. Based on the interim report presented by the Committee on Legal Affairs, Parliament called on the Council and the Commission to take into consideration the following recommendations: ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention in accordance with the settled case law of the Court of Justice; pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned; ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention; ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention, compared to those who might wish to delay this process and continue to be bound by the ELD only; ensure the removal of the permanent co-existence of two maritime liability regimes - a Union-based one and an international one; ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision. Parliament concluded that this resolution would be a further possibility for the Council and the Commission to address the recommendations set out above.
  • date: 2017-03-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-03-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0078&language=EN title: A8-0078/2017 summary: The Committee on Legal Affairs adopted the report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. The committee recommended the European Parliament to give its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (1996 HNS Convention), with regard to the aspects related to judicial cooperation in civil matters. In a short justification accompanying the draft recommendation, it was recalled that in view of the substantial discrepancies between the draft Council decision and the original proposal, the European Parliament adopted, on 8 June 2016, an interim resolution with recommendations for modification of the said draft Council Decision. The aim being to work towards a positive outcome with the Council and the Commission that would ensure the uniformity, integrity and effectiveness of Union law as well as the fundamental principle of conferral of EU competences. The main discrepancies between the draft Council decision and the Commission proposal concerned in particular: the extent of exclusive Union competence pursuant to Article 3(2) TFEU; the extent of overlap between Chapter IV of 2010 HNS Convention and the recast Brussels I Regulation; the necessity for an obligation on Member States to ratify the Convention within a fixed-timeframe. The Commission welcomed the adoption by Parliament of this interim resolution and confirmed that it would have been ready to accept a compromise solution on the legal basis of the proposal and an extended reasonable timeframe for ratification of the 2010 HNS Convention. The Council took note of Parliament’s resolution but found that there was no scope to reopen the discussion on the text of the draft Council Decision, since it fell under the consent and not the co-decision procedure. Having regard to the cross-boundary impact accidents involving HNS cargo are likely to have, the rapporteur considered that it is in the interest of the Union to have a homogenous liability regime applicable to environmental damage arising from the carriage of HNS at sea.
  • date: 2017-04-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=29297&l=en title: Results of vote in Parliament
  • date: 2017-04-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0105 title: T8-0105/2017 summary: The European Parliament adopted by 603 votes to 34, with 61 abstentions, a legislative resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.
  • date: 2017-04-25T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2017-04-25T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2017-05-04T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise Member States to ratify the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters. NON LEGISLATIVE ACT: Council Decision (EU) 2017/770 on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters CONTENT: the Decision authorises Member States to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision. The 2010 HNS Convention aims to make it possible for compensation to be paid to victims of accidents involving hazardous and noxious substances , such as chemicals, including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea. It replaces the 1996 HNS Convention has not entered into force due to an insufficient number of ratifications. A text consolidating the 1996 HNS Convention and the Protocol of 2010 (‘2010 HNS Convention’) was prepared by the International Maritime Organization (‘IMO’) Secretariat and approved by the IMO Legal Committee at its 98th meeting. The Union has exclusive competence in relation to Articles 38, 39 and 40 of the 2010 HNS Convention in as much as that Convention affects the rules laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Therefore, Member States need to be authorized to ratify or accede to the Protocol with regard to these aspects. Ratification instruments: the Decision provides that Member States shall endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, by 6 May 2021 . Data on contributing cargo: in order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention during the preceding calendar year. For that purpose, States are required to set up a system for the reporting of HNS contributing cargo prior to expressing their consent to be bound by the Protocol of 2010. The Council Decision provides that Member States shall: · inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational; · seek to exchange best practice , in particular on the system for the reporting of HNS contributing cargo. It should be noted a Decision presented in parallel to this one aims to ratify the 2010 Protocol, with the exception of the aspects related to judicial cooperation in civil matters. ENTRY INTO FORCE: 5.5.2017. docs: title: Decision 2017/770 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0770 title: OJ L 115 04.05.2017, p. 0018 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:115:TOC
links
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport commissioner: BULC Violeta
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
JURI/8/03765;JURI/8/06677
New
  • JURI/8/03765
  • JURI/8/06677
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0770
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0770
procedure/subject
Old
  • 3.20.03.01 Maritime safety
  • 3.20.15.06 Maritime or inland transport agreements and cooperation
  • 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
  • 3.70.16 Law and environment, liability
  • 7.40.02 Judicial cooperation in civil and commercial matters
New
3.20.03.01
Maritime safety
3.20.15.06
Maritime or inland transport agreements and cooperation
3.70.05
Marine and coastal pollution, pollution from ships, oil pollution
3.70.16
Law and environment, liability
7.40.02
Judicial cooperation in civil and commercial matters
procedure/subtype
Old
Consent by Parliament
New
  • Consent by Parliament
  • See also 2001/0272(CNS) See also 2015/0135(NLE)
procedure/summary
  • See also
  • See also
activities/14
date
2017-05-04T00:00:00
docs
type
Final act published in Official Journal
procedure/final
url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0770
title
Decision 2017/770
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
activities/11
date
2017-04-25T00:00:00
body
CSL
type
Council Meeting
council
General Affairs
meeting_id
3531
activities/12
date
2017-04-25T00:00:00
body
EP
type
End of procedure in Parliament
activities/13
date
2017-04-25T00:00:00
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
other/0
body
CSL
type
Council Meeting
council
Former Council configuration
activities/10/docs/0/text
  • The European Parliament adopted by 603 votes to 34, with 61 abstentions, a legislative resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

    In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

activities/10/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0105 type: Decision by Parliament, 1st reading/single reading title: T8-0105/2017
activities/10/type
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed, awaiting publication in Official Journal
activities/9/docs/0/text
  • The Committee on Legal Affairs adopted the report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

    The committee recommended the European Parliament to give its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (1996 HNS Convention), with regard to the aspects related to judicial cooperation in civil matters.

    In a short justification accompanying the draft recommendation, it was recalled that in view of the substantial discrepancies between the draft Council decision and the original proposal, the European Parliament adopted, on 8 June 2016, an interim resolution with recommendations for modification of the said draft Council Decision. The aim being to work towards a positive outcome with the Council and the Commission that would ensure the uniformity, integrity and effectiveness of Union law as well as the fundamental principle of conferral of EU competences.

    The main discrepancies between the draft Council decision and the Commission proposal concerned in particular:

    • the extent of exclusive Union competence pursuant to Article 3(2) TFEU;
    • the extent of overlap between Chapter IV of 2010 HNS Convention and the recast Brussels I Regulation;
    • the necessity for an obligation on Member States to ratify the Convention within a fixed-timeframe.

    The Commission welcomed the adoption by Parliament of this interim resolution and confirmed that it would have been ready to accept a compromise solution on the legal basis of the proposal and an extended reasonable timeframe for ratification of the 2010 HNS Convention. The Council took note of Parliament’s resolution but found that there was no scope to reopen the discussion on the text of the draft Council Decision, since it fell under the consent and not the co-decision procedure.

    Having regard to the cross-boundary impact accidents involving HNS cargo are likely to have, the rapporteur considered that it is in the interest of the Union to have a homogenous liability regime applicable to environmental damage arising from the carriage of HNS at sea.

activities/9/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0078&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0078/2017
activities/9
date
2017-03-27T00:00:00
body
EP
type
Committee report tabled for plenary, 1st reading/single reading
committees
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/8
date
2017-03-23T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
activities/8
date
2017-04-05T00:00:00
body
EP
type
Vote in plenary scheduled
activities/0/docs/0/celexid
CELEX:52015PC0305:EN
activities/0/docs/0/celexid
CELEX:52015PC0305:EN
activities/0/commission/0/DG/url
Old
http://ec.europa.eu/dgs/transport/index_en.htm
New
http://ec.europa.eu/info/departments/mobility-and-transport_en
activities/1/commission/0/DG/url
Old
http://ec.europa.eu/dgs/transport/index_en.htm
New
http://ec.europa.eu/info/departments/mobility-and-transport_en
other/0/dg/url
Old
http://ec.europa.eu/dgs/transport/index_en.htm
New
http://ec.europa.eu/info/departments/mobility-and-transport_en
activities/7/docs/0
url
http://www.europarl.europa.eu/oeil/popups/sda.do?id=27289&l=en
type
Results of vote in Parliament
title
Results of vote in Parliament
activities/7/type
Old
Decision by Parliament, 1st reading/single reading
New
Results of vote in Parliament
activities/6/docs/0/text
  • The Committee on Legal Affairs adopted the interim report by Pavel SVOBODA (EPP, CZ) on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

    Parliament received a letter requesting it to give its consent to the draft Council decision on the ratification and accession by Member States on behalf of the Union to the 2010 Protocol to the HNS Convention on 17 December 2015.

    With this interim report, Members seek to ensure that the Parliament works towards a positive outcome with the Council and the Commission on this issue.

    The committee asked the Council and the Commission to take into account the following recommendations:

    • ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention;
    • pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned;
    • ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention;
    • ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention;
    • ensure the removal of  the permanent co-existence of two maritime liability regimes - a Union-based one and an international one;
    • ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision.
activities/7/docs/0/text
  • The European Parliament adopted 638 votes to 7, with 35 abstentions, a resolution on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

    To recall, the aim of the 2010 HNS Convention is to ensure accountability and the payment of adequate, prompt and effective compensation for loss or damage to persons, property and the environment arising from the carriage of hazardous and noxious substances by sea through the specialised International HNS compensation fund.

    Based on the interim report presented by the Committee on Legal Affairs, Parliament called on the Council and the Commission to take into consideration the following recommendations:

    • ensure that the uniformity, integrity and effectiveness of common Union rules will not be adversely affected by the international commitments undertaken by the ratification of or accession to the 2010 HNS Convention in accordance with the settled case law of the Court of Justice;
    • pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned;
    • ensure that the possibility for a conflict between the Directive on environmental liability and the 2010 HNS Convention;
    • ensure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention, compared to those who might wish to delay this process and continue to be bound by the ELD only;
    • ensure the removal of  the permanent co-existence of two maritime liability regimes - a Union-based one and an international one;
    • ensure that a clear obligation is imposed on Member States to take all necessary steps to achieve a concrete result, namely to ratify or accede to the 2010 HNS Convention within a reasonable timeframe, which should be no longer than two years from the date of entry into force of the Council decision.

    Parliament concluded that this resolution would be a further possibility for the Council and the Commission to address the recommendations set out above.

activities/7/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0260 type: Decision by Parliament, 1st reading/single reading title: T8-0260/2016
activities/7/type
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
activities/4/committees/2
body
EP
responsible
True
committee
JURI
date
2015-07-13T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: SVOBODA Pavel
activities/5/committees/2
body
EP
responsible
True
committee
JURI
date
2015-07-13T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: SVOBODA Pavel
activities/6/committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP shadows: group: S&D name: ROZIÈRE Virginie group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2015-07-13T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SVOBODA Pavel
  • body: EP responsible: False committee_full: Fisheries committee: PECH
  • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
activities/6/docs/0/type
Old
Committee report tabled for plenary, 1st reading/single reading
New
Committee interim report tabled for plenary
activities/6/type
Old
Committee report tabled for plenary, 1st reading/single reading
New
Committee interim report tabled for plenary
committees/2
body
EP
responsible
True
committee
JURI
date
2015-07-13T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: SVOBODA Pavel
procedure/dossier_of_the_committee
Old
JURI/8/03765
New
JURI/8/03765;JURI/8/06677
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting committee decision
activities/6/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0190&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0190/2016
activities/6
date
2016-05-30T00:00:00
body
EP
type
Committee report tabled for plenary, 1st reading/single reading
committees
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/6/date
Old
2016-06-07T00:00:00
New
2016-06-08T00:00:00
activities/6/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Vote in plenary scheduled
activities/5
date
2016-05-24T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/5
date
2016-06-07T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
activities/4
date
2016-01-18T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
JURI/8/03765
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/1/docs/0/text
  • PURPOSE: to authorise Member States to ratify the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND : the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 ('1996 HNS Convention') aims to ensure adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

    The 1996 HNS Convention has been amended by the Protocol of 2010. A text consolidating the 1996 HNS Convention and the Protocol of 2010 ('2010 HNS Convention') was prepared by the International Maritime Organization ('IMO') Secretariat and approved by the IMO Legal Committee. The 2010 HNS Convention will take effect once the Protocol of 2010 enters into force in Member States.

    The 2010 HNS Convention provides for improved protection of the victims of damage in connection with the carriage of HNS by sea, including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea.

    The Union therefore has exclusive competence in relation to Articles 38, 39 and 40 of the 2010 HNS Convention inasmuch as that Convention affects the rules laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 

    In order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention during the preceding calendar year.

    At its 100th meeting in 2013, the IMO Legal Committee endorsed Guidelines on the reporting of HNS contributing cargo.

    CONTENT: by this draft Decision, Member States would be authorised to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision.

    Member States should:

    • endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, within four years after the date of entry into force of the Decision;
    • inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational;
    • seek to exchange best practices, in particular on the system for the reporting of HNS contributing cargo under the Protocol of 2010.

    The United Kingdom and Ireland are bound by Regulation (EU) No 1215/2012 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.

    It should be noted a draft decision presented in parallel to this one aims to ratify the 2010 Protocol, with the exception of the aspects related to judicial cooperation in civil matters.

activities/0/docs/0/text
  • PURPOSE: i) ratification by Member States on behalf of the Union to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea ii) accession by Member States to the said Protocol with regard to aspects related to judicial cooperation in civil matters.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the adoption and entry into force of international rules on liability for non-contractual damages arising from the carriage of hazardous and noxious substances (HNS) by sea is crucial in view of the significant share HNS cargo represents in maritime freight transport worldwide.

    The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, ('1996 HNS Convention') was aimed at ensuring adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

    The Protocol of 2010 to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, are to be read, interpreted and applied together as one single instrument.

    Neither the 1996 HNS Convention, nor the 2010 Protocol to the HNS Convention has entered into force. The latter has no contracting parties to it to this day.

    The 2010 Protocol, and thereby the consolidated 2010 HNS Convention, will enter into force 18 months after the date on which at least 12 States, 4 of which with no less than 2 million units of gross tonnage each, have ratified it, and the relevant data on contributing cargo have been submitted to the IMO Secretary-General showing no less than 40 million tonnes of cargo contributing to the general HNS account received in total in those States during the preceding calendar year.

    The main changes from the 1996 HNS Convention to the 2010 HNS Convention are:

    • excluding packaged HNS from the definition of contributing cargo to the HNS Fund, while damage caused by packaged HNS remains covered by the two-tier system of compensation established in the Convention;
    • increasing the liability limits of the ship owner for ships carrying packaged HNS in order to accommodate better the exclusion of packaged HNS as contributing cargo to the HNS Fund;
    • making the physical receiver of LNG the responsible party for payment of the relevant contributions to the HNS Fund, unless there is a different agreement between the titleholder and the receiver;
    • making payment of compensation by the HNS Fund in case of a covered incident conditional upon the fulfilment by the State concerned of its obligation to submit reports on contributing cargoes for all years prior to the incident

    Given that issues related to judicial to judicial cooperation in civil matters do not apply to Denmark, the Council must adopt two separate decisions. Accordingly, a parallel draft decision aims to ratify the Protocol of 2010 with the exception of aspects related to judicial cooperation in civil matters.

    IMPACT ASSESSMENT: whilst no formal impact assessment was required, several options have been examined and weighed. The Commission considers that the conclusion of the 2010 Protocol to the HNS Convention will ensure:

    • uniform application of rules on liability and compensation in connection with accidents caused by ships carrying HNS at sea across the EU;
    • availability of sufficient funds for compensation of victims of such accidents.

    Using an international regime rather than regional solutions for these purposes better suits the nature of shipping as a global business.

    CONTENT: under the draft Council Decision, Member States:

    • are authorised to ratify or accede to, as appropriate, the Protocol of 2010 on behalf of the Union with regard to aspects related to judicial cooperation in civil matters;
    • agree to be bound by the 2010 Protocol within two-year period from the entry into force of the Decision. Early adherence to the 2010 Protocol by all EU Member States will allow the threshold for entry into force concerning both the number of IMO Member States and aggregate fleet required (12 States including 4 with not less than 2 million units of gross tonnage each) to be attained.

    State signature, ratification or acceptance of the 2010 Protocol nullifies any prior signature or ratification by that State of the 1996 HNS Convention. States ratifying the Protocol express their consent to be bound by the consolidated text of the 2010 HNS Convention, as a single, consolidated instrument for the Convention, which will take effect once the 2010 Protocol enters into force.

    Denmark is not taking part in the adoption of the Decision and is not bound by this Decision or subject to its application.

activities/0/docs/0/text
  • PURPOSE: i) ratification by Member States on behalf of the Union to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea ii) accession by Member States to the said Protocol with regard to aspects related to judicial cooperation in civil matters.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the adoption and entry into force of international rules on liability for non-contractual damages arising from the carriage of hazardous and noxious substances (HNS) by sea is crucial in view of the significant share HNS cargo represents in maritime freight transport worldwide.

    The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, ('1996 HNS Convention') was aimed at ensuring adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

    The Protocol of 2010 to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, are to be read, interpreted and applied together as one single instrument.

    Neither the 1996 HNS Convention, nor the 2010 Protocol to the HNS Convention has entered into force. The latter has no contracting parties to it to this day.

    The 2010 Protocol, and thereby the consolidated 2010 HNS Convention, will enter into force 18 months after the date on which at least 12 States, 4 of which with no less than 2 million units of gross tonnage each, have ratified it, and the relevant data on contributing cargo have been submitted to the IMO Secretary-General showing no less than 40 million tonnes of cargo contributing to the general HNS account received in total in those States during the preceding calendar year.

    The main changes from the 1996 HNS Convention to the 2010 HNS Convention are:

    • excluding packaged HNS from the definition of contributing cargo to the HNS Fund, while damage caused by packaged HNS remains covered by the two-tier system of compensation established in the Convention;
    • increasing the liability limits of the ship owner for ships carrying packaged HNS in order to accommodate better the exclusion of packaged HNS as contributing cargo to the HNS Fund;
    • making the physical receiver of LNG the responsible party for payment of the relevant contributions to the HNS Fund, unless there is a different agreement between the titleholder and the receiver;
    • making payment of compensation by the HNS Fund in case of a covered incident conditional upon the fulfilment by the State concerned of its obligation to submit reports on contributing cargoes for all years prior to the incident

    Given that issues related to judicial to judicial cooperation in civil matters do not apply to Denmark, the Council must adopt two separate decisions. Accordingly, a parallel draft decision aims to ratify the Protocol of 2010 with the exception of aspects related to judicial cooperation in civil matters.

    IMPACT ASSESSMENT: whilst no formal impact assessment was required, several options have been examined and weighed. The Commission considers that the conclusion of the 2010 Protocol to the HNS Convention will ensure:

    • uniform application of rules on liability and compensation in connection with accidents caused by ships carrying HNS at sea across the EU;
    • availability of sufficient funds for compensation of victims of such accidents.

    Using an international regime rather than regional solutions for these purposes better suits the nature of shipping as a global business.

    CONTENT: under the draft Council Decision, Member States:

    • are authorised to ratify or accede to, as appropriate, the Protocol of 2010 on behalf of the Union with regard to aspects related to judicial cooperation in civil matters;
    • agree to be bound by the 2010 Protocol within two-year period from the entry into force of the Decision. Early adherence to the 2010 Protocol by all EU Member States will allow the threshold for entry into force concerning both the number of IMO Member States and aggregate fleet required (12 States including 4 with not less than 2 million units of gross tonnage each) to be attained.

    State signature, ratification or acceptance of the 2010 Protocol nullifies any prior signature or ratification by that State of the 1996 HNS Convention. States ratifying the Protocol express their consent to be bound by the consolidated text of the 2010 HNS Convention, as a single, consolidated instrument for the Convention, which will take effect once the 2010 Protocol enters into force.

    Denmark is not taking part in the adoption of the Decision and is not bound by this Decision or subject to its application.

activities/0/docs/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/1
date
2015-12-08T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14112%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14112/2015
type
Legislative proposal published
body
EC
commission
DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: BULC Violeta
activities/1
date
2015-12-14T00:00:00
body
CSL
type
Council Meeting
council
Transport, Telecommunications and Energy
meeting_id
3436
activities/2
date
2015-12-14T00:00:00
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
activities/0/docs/0/celexid
CELEX:52015PC0305:EN
committees/1/shadows/1
group
ECR
name
DZHAMBAZKI Angel
committees/1/shadows
  • group: S&D name: ROZIÈRE Virginie
activities/0/docs/0/text
  • PURPOSE: i) ratification by Member States on behalf of the Union to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea ii) accession by Member States to the said Protocol with regard to aspects related to judicial cooperation in civil matters.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the adoption and entry into force of international rules on liability for non-contractual damages arising from the carriage of hazardous and noxious substances (HNS) by sea is crucial in view of the significant share HNS cargo represents in maritime freight transport worldwide.

    The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, ('1996 HNS Convention') was aimed at ensuring adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea.

    The Protocol of 2010 to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, are to be read, interpreted and applied together as one single instrument.

    Neither the 1996 HNS Convention, nor the 2010 Protocol to the HNS Convention has entered into force. The latter has no contracting parties to it to this day.

    The 2010 Protocol, and thereby the consolidated 2010 HNS Convention, will enter into force 18 months after the date on which at least 12 States, 4 of which with no less than 2 million units of gross tonnage each, have ratified it, and the relevant data on contributing cargo have been submitted to the IMO Secretary-General showing no less than 40 million tonnes of cargo contributing to the general HNS account received in total in those States during the preceding calendar year.

    The main changes from the 1996 HNS Convention to the 2010 HNS Convention are:

    • excluding packaged HNS from the definition of contributing cargo to the HNS Fund, while damage caused by packaged HNS remains covered by the two-tier system of compensation established in the Convention;
    • increasing the liability limits of the ship owner for ships carrying packaged HNS in order to accommodate better the exclusion of packaged HNS as contributing cargo to the HNS Fund;
    • making the physical receiver of LNG the responsible party for payment of the relevant contributions to the HNS Fund, unless there is a different agreement between the titleholder and the receiver;
    • making payment of compensation by the HNS Fund in case of a covered incident conditional upon the fulfilment by the State concerned of its obligation to submit reports on contributing cargoes for all years prior to the incident

    Given that issues related to judicial to judicial cooperation in civil matters do not apply to Denmark, the Council must adopt two separate decisions. Accordingly, a parallel draft decision aims to ratify the Protocol of 2010 with the exception of aspects related to judicial cooperation in civil matters.

    IMPACT ASSESSMENT: whilst no formal impact assessment was required, several options have been examined and weighed. The Commission considers that the conclusion of the 2010 Protocol to the HNS Convention will ensure:

    • uniform application of rules on liability and compensation in connection with accidents caused by ships carrying HNS at sea across the EU;
    • availability of sufficient funds for compensation of victims of such accidents.

    Using an international regime rather than regional solutions for these purposes better suits the nature of shipping as a global business.

    CONTENT: under the draft Council Decision, Member States:

    • are authorised to ratify or accede to, as appropriate, the Protocol of 2010 on behalf of the Union with regard to aspects related to judicial cooperation in civil matters;
    • agree to be bound by the 2010 Protocol within two-year period from the entry into force of the Decision. Early adherence to the 2010 Protocol by all EU Member States will allow the threshold for entry into force concerning both the number of IMO Member States and aggregate fleet required (12 States including 4 with not less than 2 million units of gross tonnage each) to be attained.

    State signature, ratification or acceptance of the 2010 Protocol nullifies any prior signature or ratification by that State of the 1996 HNS Convention. States ratifying the Protocol express their consent to be bound by the consolidated text of the 2010 HNS Convention, as a single, consolidated instrument for the Convention, which will take effect once the 2010 Protocol enters into force.

    Denmark is not taking part in the adoption of the Decision and is not bound by this Decision or subject to its application.

committees/1/date
2015-07-13T00:00:00
committees/1/rapporteur
  • group: EPP name: SVOBODA Pavel
activities
  • date: 2015-06-22T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0305/COM_COM(2015)0305_EN.pdf type: Legislative proposal published title: COM(2015)0305 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: BULC Violeta
committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Fisheries committee: PECH
  • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: BULC Violeta
procedure
reference
2015/0136(NLE)
title
International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea with regard to aspects related to judicial cooperation in civil matters; Protocol of 2010: ratification and accession by Member States
legal_basis
stage_reached
Preparatory phase in Parliament
summary
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject