The Commission
accepts in full 19 amendments to the common position, adopted by the European
Parliament in first reading.
The Commission
retained in part the amendments which:
- specify the
scope of the Directive as regards anchorages. However, some parts cannot
be accepted in their present wording, in particular the provisions
concerning the arrangements for a derogation from the Directive for
landlocked States, which cannot be left to committee procedure but
should be spelt out in the operative part as they are an essential part
of the instrument;
- clarify the
issue of the flexibility which Member States are allowed as regards
their inspection obligations. However, the total lack of flexibility as
regards the operation of the inspection system cannot be accepted;
- as regards
the refusal of access to Member States' ports, apply the rules on banning
in the same way to ships flying the flag of a blacklisted State and
ships which are on the grey list as defined by the Paris MoU. However,
the Commission has accepted the Council common position which provides
for a less severe regime for ships on the grey list;
- provide for
recourse to be had to committee procedure to define certain criteria
regarding the risk profile of a ship (except certain points which are
already covered by the procedure);
- require ships
subject to an expanded inspection to notify their arrival in port (except
the excessive and pointless requirement of providing information about
all ports previously visited by the ship);
- call on the
competent authorities to make a prior assessment of complaints received.
However, the additional requirement that reasons must be given for the
complaint and that it must be specific are an excessive restriction of
the right to complain;
- set a period
of 18 months for the Commission to assess the application of the
Directive. The Commission considers this period to be insufficient and
believes that a minimum period of 36 months is required to complete such
an assessment;
- take over
points contained in the proposal for a Directive on the civil liability
of shipowners, an integral part of the Third Maritime Safety Package,
which has not yet been the subject of agreement within the Council. However,
these amendments also contain new points regarding full compensation for
losses, according to the ‘polluter pays principle’, which cannot be included
in their present form.
The Commission
also accepted in principle and/or subject to rewording, amendments which:
- clarify definitions
of what constitutes a complaint and an inspections database;
- describe the
factors that make up a risk profile and the scope of enhanced
inspections;
- require
inspectors to inform the port authorities if a ship is detained;
- promote
cooperation between Member States regarding appeals against decisions to
detain ships or refuse them access;
- concern the
transmission of information about the arrival and departure of ships to
the inspection database (but the period allowed for transmitting the
information is far too short).
Lastly, the
Commission did not accept amendments which would:
- introduce
the definition of a port;
- take away
the flexibility which Member States are allowed with regard to not
carrying out inspections at night;
- include all
the stops ships make at anchorages in the basis for calculating the
number of inspections to be carried out by each Member State;
- delete the compensation
mechanisms which were introduced in the common position to restore
balance between the volume of inspections carried out in Member States;
- require
ships which cannot have faults rectified in the port of inspection to sail
directly to the nearest port of repair;
- make it
possible for a low-risk ship to be inspected every 30 months instead of
every 36 months;
- provide for
the compulsory inspection of ships which have failed to notify their
arrival in port and ships which have not had all their faults rectified.