Background
ERIKA III proposals
On 23 November the Commission published its Third Maritime Safety Package (ERIKA III). The ERIKA III package consists of seven proposals intended to supplement the European rules concerning maritime safety and to improve the efficiency of the existing measures.
The proposals 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.
The package consists of the following seven proposals:
1. A proposal for a Directive on the conformity requirements of flag states;
2. Amendment of the Directive on classification societies;
3. Amendment of the Port State Control Directive;
4. An amendment of the Traffic Monitoring Directive;
5. A proposal for a Directive on accident investigations;
6. A Regulation on liability and compensation for damage of passengers in the event of maritime accidents;
7. A Directive on the extra-contractual liability of shipowners.
An amendment of the Traffic Monitoring Directive: Places of Refuge
Establishing a clear and precise legal framework for places of refeuge 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, inlcuding a precise inventory of potential places of refuge along the coasts.
The Commission held two consultation rounds regarding the ERIKA III package. ESPO participated in these consultations by submitting two position papers.
ESPO pointed out the importance of a clear decision making process with clear responsibilities for the different authorities involved. The Commission partly inserted these recommendations into the amendments.
Furthermore ESPO expressed the need for a clear liability and compensation scheme. Although the amendments provide some reference to such a scheme, it remains unclear what will happen with a possible compensation gap (damage which can not be compensated as it exceeds the liability cap).
Current state of play
The Commission officially presented the ERIKA III package to the Transport Council of 5 December 2005. The European Parliament's Transport Committee assigned the different Commission proposals among the political parties. The European Alliance for Liberals and Democrats (ALDE) was assigned as responsible party for the follow up of the Commission proposal amending the Vessel Traffic Monitoring Directive within the European Parliament.
The ALDE Group appointed the Belgian MEP Dirk Sterckx as Rapporteur. Mr. Sterckx was also Rapporteur for the Temporary Parliament Committee on Improving Safety at Sea and the first Commission proposal for a Directive on Vessel Traffic Monitoring (Erika II).
Dirk Sterckx drafted his report which included many ESPO concerns as regards the establishment of an independant competent authority and a better compensation scheme for ports in case of damage resulting from hosting a ship in distress (see also Active Policy Issues). ESPO welcomed this report and prepared a statement on it.
The Parliament voted on 25 April 2007 in Plenary on the proposal. During their session of 6-8 June 2007, the Council reached unanimously a political agreement on the proposal. The Council will now adopt its common position at one of its forthcoming meetings after finalization of the text and will forward it to the Parliament for a second reading in the framework of the co-decision procedure.