BETA
This is a historical view (2016/01/06)

Changes: 2023/08/03docs, events.date, 2021/12/18docs.docs.url, procedure.Other_legal_basis, events, events.type, events.docs.url, procedure.Modified_legal_basis, 2020/01/19committees, events, events.docs.url, 2019/07/12committees, docs, 2019/07/06events, procedure.final.url, links, procedure.dossier_of_the_committee, activities, procedure.summary, other, procedure.subject, commission, committees, procedure.Modified_legal_basis, docs, council, procedure.subtype, 2017/06/02procedure.final, procedure.stage_reached, activities, 2017/05/05activities, other, 2017/04/16activities.docs.text, 2017/04/08procedure.stage_reached, activities.type, activities.docs, 2017/03/31activities.docs.text, 2017/03/30activities.docs, 2017/03/29procedure.stage_reached, activities, 2017/03/25activities, 2017/03/17activities, 2017/03/13activities.docs.celexid, 2017/03/12activities.docs.celexid, 2017/01/28other.dg.url, activities.commission.DG.url, 2016/11/24activities.type, activities.docs, 2016/06/17activities.docs.text, 2016/06/10activities.type, activities.docs, 2016/06/05activities.docs.type, procedure.dossier_of_the_committee, activities.committees, committees, procedure.stage_reached, activities.type, 2016/06/01activities.docs, 2016/05/31procedure.stage_reached, activities, 2016/05/28activities.type, activities.date, 2016/05/26activities, procedure.Modified_legal_basis, 2016/04/21activities, 2016/01/20procedure.stage_reached, procedure.dossier_of_the_committee, activities, 2016/01/12activities.docs.text, 2016/01/06activities.docs.text

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Preparatory phase in Parliament



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
RoleCommitteeRapporteurShadows
Opinion ENVI
Lead JURI SVOBODA Pavel (EPP) ROZIÈRE Virginie (S&D), DZHAMBAZKI Angel (ECR)
Opinion PECH
Opinion TRAN

Legal Basis TFEU 081-p1, TFEU 218-p6a

Activites

  • #3436
  • 2015/12/14 Council Meeting
  • 2015/12/14 Act adopted by Council after consultation of Parliament
  • 2015/12/08 Legislative proposal published
    • 14112/2015
    • DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, BULC Violeta
  • 2015/06/22 Initial legislative proposal published
    • COM(2015)0305
    • DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, BULC Violeta

Documents

History

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

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