8 MARITIME SAFETY
(27218)
5171/06
COM(05) 589
| Draft Directive amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system
|
| Legal base | Article 80(2) EC; co-decision; QMV
|
| Document originated | 23 November 2005
|
| Deposited in Parliament |
23 January 2006 |
| Department | Transport
|
| Basis of consideration |
EM of 2 February 2006 |
| Previous Committee Report |
None |
| To be discussed in Council
| June 2006 |
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
8.1 Directive 2002/59/EC[13]
established a Community vessel traffic monitoring and information
system aimed at preventing damage to marine and coastal environments
by making shipping safer. It was part of a second package of legislation
following the sinking of the oil tanker Erika in December
1999. The Directive has five main strands:
- reporting requirements on ships with dangerous cargoes;
- installation of Voyage Data Recorders (VDRs), that is "black
boxes", on ships;
- installation of transponders as Automatic Identification Systems
(AIS) on ships;
- places of refuge; and
- measures for shore authorities to take in bad weather conditions.
The document
8.2 The Commission proposes this draft Directive to amend some
of the existing provisions of Directive 2002/59/EC — notably
in respect of technical requirements for information interchange,
declarations concerning the carriage of dangerous or polluting
goods, suspect vessels, places of refuge and comitology[14]
— and to introduce new provisions — notably in respect
of carriage of AIS on board fishing vessels and measures in ice
conditions.
The Government's view
8.3 The Minister of State, Department of Transport (Dr Stephen
Ladyman) says, in relation to subsidiarity:
"Shipping is an international business. While transboundary
action may be valuable, the implications of Community level action
as opposed to action at national or the wider international level
need careful consideration."
8.4 On the other policy implications the Minister tells us that
the Government broadly supports the draft Directive but that there
some provisions of concern which it will seek to amend in the
course of negotiations. The issues are:
- the provision relating to the mandatory carriage of AIS on
fishing vessels. While not ruling it out the Government wants
consideration given to the proportionality of the proposal and
to whether other non-regulatory approaches would help in reducing
the number of collisions between fishing vessels and merchant
ships;
- insurance and financial guarantees for ships in the context
of provisions for places of refuge and suspect vessels. The references
depend on other draft legislation and the Government think it
better to have the required definitions in this draft Directive;
- in relation to provisions relating to places of refuge, which
are broadly acceptable, the Government wants clarification of
what is meant by "an independent competent authority"
and has reservations about meetings of Member States' authorities
responsible for directing ships to places of refuge, some of which
might be called by the Commission; and
- holding that the proposed provisions on measures in ice conditions
are, in essence, similar to those in existing legislation the
Government would favour wording, analogous to that legislation,
so as to reaffirm the decision-making role of the master in the
context of the Safety of Life At Sea Convention and to set out
what action the master must take if his decision is not in accordance
with that recommended by the competent authorities.
8.5 The Minister says that, although estimates of the cost of
installing AIS equipment on fishing vessels vary (they range from
€2,000 (about £1,300) to €10,000 (about £6,600)),
it is apparent they would be significant and would have to be
met by the owners of the fishing vessels, many of whom are operating
at the margins of economic viability. He continues once the Commission
produces an English version of its impact assessment for the draft
Directive he will send us further information about the financial
implications of the proposal. The Minister adds that the department
is developing a Regulatory Impact Assessment, which we will see
once there is a clearer view of the potential impact on business
and which we assume will take account of the planned informal
consultation with industry he mentions.
Conclusion
8.6 We are grateful to the Minister for the information he
gives us in relation to the proposed revision of existing legislation
important to maritime safety. However before considering the matter
further we should like to:
- hear whether the Government's "careful consideration"
leads it to the conclusion that there is a subsidiarity problem
arising from the proposal;
- have the Commission's impact assessment, particularly in
relation to costs for the fishing industry;
- see the Government's Regulatory Impact Assessment; and
- hear of developments during negotiations on the matters
the Minister has drawn to our attention as problematic.
8.7 Meanwhile we do not clear the document.
13
OJ No. L208, 05.08.2002, p.10. Back
14
Comitology is the system of committees which oversees the exercise
by the Commission of legislative powers delegated to it by the
Council and the European Parliament. Comitology committees are
made up of representatives of the Member States and chaired by
the Commission. There are three types of procedure (advisory,
management and regulatory), an important difference between which
is the degree of involvement and power of Member States' representatives. Back
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