MEMO/05/438
Brussels, 23 November 2005
Third Maritime Safety
Package
Over the last ten years the EU, in particular since the Erika accident in
December 1999 and the Prestige accident in November 2002 has
introduced legislation aimed at improving the level of maritime safety and the
prevention of accidental pollution by ships.
The positive results obtained so far are due to a large extent to the
establishment in the EU of a line of defence against substandard ships, and in
particular through controls of ships in European ports. These defensive
arrangements represent a considerable cost for the port and coastal state
administrations, even though the main responsibility for applying the security
rules rests with the shipowners and flag states. Similarly, the shipowners who
practice a high-quality policy suffer the consequences of the persistence of
substandard shipping, which confronts them with unfair competition, repeated
port controls and an overall undermining of the image of the maritime transport
sector.
Moreover, despite the reduction in the number of maritime accidents, the
threats relating to failure to comply with safety standards remain. The pressure
on flags of convenience and more generally any defect in the maritime transport
chain must therefore be maintained and even accentuated.
The seven proposals contained in the package are therefore intended to
supplement the European rules concerning maritime safety and improve the
efficiency of the existing measures. They take account of the experience
acquired in implementing the Community legislation on maritime safety (the
Erika-I and II packages and the measures adopted following the Prestige
accident), and the concerns expressed on several occasions by the European
Parliament, the European Council and the ministers of transport.
1. A proposal for a Directive on the conformity requirements of flag
states
Greater responsibility for flag states is the main “missing link”
in the existing Community legislation. The objective of this new proposal is to
ensure that Member States effectively monitor compliance with international
standards by ships flying their flags and having for this purpose a maritime
administration operating in accordance with high-quality criteria, i.e. the
ISO 9001/2000 standard. The standards are, for example, provided for in the
SOLAS Convention (safety of life at sea) and the MARPOL Convention (prevention
of pollution of marine environment).
It will be proposed to incorporate in Community law, by making it mandatory,
the IMO (International Maritime Organisation) code on the conformity of flag
states in the international conventions which have already entered into force
for the majority of Member States. The performances of the flag states will be
audited and assessed in the light of the provisions of the IMO flag states audit
procedure.
Accompanying measures are provided for, including the development of a
database which will help Community Member States in the exercise of their
responsibilities for managing and controlling a high-quality fleet. The proposal
also provides for encouraging the conclusion of agreements between EU Member
States and third countries which would use the same quality standards for their
flags. Such agreements should make it possible to reward quality by fewer
controls.
Lastly, demonstration, through audits, of the quality of a flag should give
rise to fewer controls in the context of the future port state inspection regime
(cf. point 3).
2. Amendment of the Directive on classification societies
The proposal intends to improve the quality of the work of these
classification societies, bodies authorised by the Member States to carry out on
their account inspection, checking and certification tasks relating to ships
flying their flag. This approach is in line with logic of independence,
competence and responsibility his bodies.
The proposal will thus relate to the strengthening of the process of
inspection and certification of the safety of ships approved by the Community.
This will entail the approved bodies introducing a common quality control
structure with a high degree of independence. At the same time, the obligations
for transparency and cooperation incumbent on the approved bodies will be
reinforced, while the criteria to be met to obtain Community approval will be
rationalised.
Also, the proposal provides for the reform of the system of sanctions against
societies which fail to meet the requirements, including the introduction of
financial sanctions. Under the present system only the suspension or withdrawal
of approval is possible. More gradual sanctions will be more effective. Lastly,
the Commission’s inspection powers (access on board ships and to files,
including in the case of ships flying non-Community flags) will be
increased...
3. Amendment of the Port State Control Directive
Controls in ports were stepped up following the Erika accident: the number of
ships covered by the mandatory detailed inspections rose from 700 to nearly
4000. It is now a question of taking a further step towards improving the
effectiveness and quality of checks on ships in European ports. The regime in
force will thus be supplemented by new types of controls, e.g. onboard insurance
certificates and safety questions. The role of pilots in the early detection of
possible defects on board will be stepped up. The national administrations will
need to establish the organisation and resources needed to meet their
obligations, with special effort focusing on the competence and continuous
training of inspectors.
In addition, the sanctions imposed on substandard ships will be stepped up.
Banning for repeated detentions will be extended to all categories of ships and
sanctions will be even more severe in the event of repeated offences, including,
where appropriate, an outright ban. At present, barely ten ships are banned from
European ports: this number could rise in future to as many as 200. In addition,
the Commission will publish a list of operators of substandard ships.
Lastly, with this proposal the Commission is initiating a thorough reform of
the Port State Control regime. The existing directive is based on a target
figure of 25% ships inspected by Member State, which allows a number of
substandard ships to slip through the safety net and has the inconvenience that
safer ships are inspected too frequently. The aim of the new inspection regime,
the principles of which are laid down in the proposal, is to ensure the
inspection of 100% of ships in the EU, the frequency being directly linked to
the risk profile of the ships in question (for example, high-risk ships will be
inspected every six months). Until the new regime is finalised, the current
rules, including the national target of 25%, will remain in force.
4. An amendment of the Traffic Monitoring Directive
Establishing a clear and precise legal framework for places of refuge is the
main objective of the proposal to amend the Directive on the Community maritime
traffic information and monitoring system. This legal framework provides that
the Member States designate independent authorities responsible for designating
the most appropriate place of refuge. These authorities will have the
information they need to take their decisions, including a precise inventory of
potential places of refuge along the coasts.
The proposal also provides for the widespread use of the SafeSeaNet data
exchange network. This system, developed by the Commission and operated by the
European Maritime Safety Agency will enable the maritime authorities to have
precise information about movements or ships and their cargos.
Fishing continues to be one of the most dangerous sectors of activity. In
order to prevent accident risks, and in particular collisions involving fishing
vessels, it is proposed that automatic identification systems onboard fishing
vessels over 15 metres should be made compulsory.
Lastly, the proposal contains specific provisions enabling coastal states to
take appropriate measures to limit possible dangers to shipping of ice formation
in certain maritime areas in the North of the EU. This is a particularly
important issue given the increased risks arising from the greater volumes of
oil carried in the Baltic Sea area.
5. A proposal for a Directive on accident investigations
Along the lines of the rules governing the conduct of civil aviation
investigations, the aim of this proposal is to improve maritime safety by
providing for clear Community guidelines concerning technical investigations
following occurrences at sea.
As in the aviation sector, the aim of technical investigations in the
maritime sector is not to determine or attribute any civil or criminal
liability, but to establish the circumstances and investigate the causes of
occurrences at sea in order to draw all possible lessons with the view to
issuing safety recommendations for prevention purposes. However, the absence of
rules governing the conduct of appropriate technical investigations and feedback
in terms of experience following accidents at European level is at present a
significant gap in EU maritime safety policy.
The proposal seeks to confer European legal status to technical
investigations following maritime accidents. Accordingly, the Member States
should maintain or, where appropriate, establish specialist independent bodies
and give technical investigators investigation powers in respect of third
parties.
In addition, the proposal strives to encourage cooperation between Member
States and between Member States and third countries.
6. A Regulation on liability and compensation for damage of passengers in
the event of maritime accidents
The purpose of the proposal is to incorporate into Community law the
provisions of the 2002 Athens Convention which are applicable only to
international journeys and to extend them to cover domestic maritime traffic and
inland waterways. Accordingly, at EU level all ship passengers will be able to
benefit from the same protection regime in the event of an accident: modernised
carrier liability rules, a mandatory insurance system and a satisfactory
compensation ceiling. These protection rules also apply to all passengers who
have purchased their tickets in Europe, even if they travel outside Community
waters and even onboard a ship flying a third-country flag.
It should be noted that the Commission has proposed that the Community and
its Member States should become contracting party to the Convention.
7. A Directive on the extra-contractual liability of shipowners
The Commission intends to work to ensure that shipper behave more
responsible:
- Firstly, it will continue to militate for the modernisation of the
applicable international conventions such as the 1992 Convention on civil
liability for oil pollution damage (CLC-IOPCF).
- Secondly, it will propose to the Member States that they pursue a uniform
approach for all other types of damage. Initially, the Member States would be
invited to implement an international convention which embodies the traditional
principle of limitation of liability in maritime law but sets levels of
compensation by shipowners that are sufficiently high to cover most scenarios.
Secondly, the Commission intends to obtain a mandate to negotiate the review of
the Convention to remove the civil liability ceiling at international level
(IMO). The objective is to ensure that ship owners lose their traditional right
to limit their liability in the event of grave negligence.
In
addition, with this proposal, the Commission is suggesting that shipowners
should be obliged to take out an insurance policy or another financial security
or a guarantee from a bank or similar financial institution in order to cover
their liability in the event of damage to third parties pursuant to the
applicable rules. The financial guarantee should cover a sufficiently high
amount to guarantee satisfactory compensation for victims in all possible cases.
The compulsory financial guarantee will also cover the costs of repatriation of
seafarers in the event of abandonment.
|