51997AP0073

A4-0073/97

Proposal for a Council Directive amending Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (COM(96)0455 - C4-0544/96 - 96/0231(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(1a) (new)

Article 4, first paragraph a (new) (Directive 93/75/EEC)

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1a. The following paragraph is added after the first paragraph of Article 4:

'No radioactive material shall be transported on board ships carrying passengers.¨

(Amendment 2)

ARTICLE 1(1b) (new)

Article 4, first paragraph b (new) (Directive 93/75/EEC)

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1b. The following paragraph is added after the first paragraph of Article 4:

'Radioactive materials may be carried only in containers meeting the latest IAEA requirements.¨

(Amendment 4)

ARTICLE 1(1c) (new)

Article 5(1a) (new) (Directive 93/75/EEC)

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1c. The following paragraph is added to Article 5:

"1a. The operator of a vessel transporting dangerous or polluting goods whilst transiting the territorial waters of the European Community without stopping at a Community port shall also notify the coastal Member States on route, before beginning the voyage, of all information listed in Annex 1.¨

(Amendment 5)

ARTICLE 1(1d) (new)

Article 5(2) (Directive 93/75/EEC)

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1d. The following is added to Article 5(2):

'and of any Member State whose port the vessel is bound for and through whose territorial waters the vessel's intended or actual route will pass or actually passes.¨

(Amendment 6)

ARTICLE 1(1e) (new)

Article 5(3) (Directive 93/75/EEC)

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1e. The following is added to Article 5(3):

'The operator shall also notify the competent authority of any Member State through whose territorial waters the vessel's intended or actual route will pass before entering such waters.¨

(Amendment 7)

ARTICLE 1(1f) (new)

Article 10, first paragraph (Directive 93/75/EEC)

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1f. The first paragraph of Article 10 is amended as follows:

- the word 'holding' is replaced by 'receiving'.

- the words 'at any other time upon request for safety reasons by the competent authority of another Member State' are replaced by 'forthwith to the competent authorities of all Member States through whose territorial waters or to whose port the vessel's intended route leads.'

(Amendment 8)

ARTICLE 1(1g) (new)

Article 11, first indent (Directive 93/75/EEC)

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1g. In Article 11, first indent, the words 'and j' ared added.

(Amendment 9)

ANNEX

Annex I(9a) (new) (Directive 93/75/EEC)

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In Annex I, a new paragraph 9a is added as follows:

"9a. Number of crew on board.¨

(Amendment 10)

ANNEX

Annex I (9b) (new) (Directive 93/75/EEC)

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In Annex I, a new paragraph 9b is added as follows:

"9b. Confirmation in the case of radioactive materials that the INF code has been and is being complied with.¨

(Amendment 11)

ANNEX

Annex I(9c) (new) (Directive 93/75/EEC)

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In Annex I, a new paragraph 9c is added as follows:

"9c. In the case of radioactive materials, details of radiological protection equipment, shipboard emergency plan, containers for such materials, arrangements for locating, identifying and salvaging the vessel or the radioactive materials and insurance and liability coverage for loss or accident.¨

(Amendment 12)

ANNEX

Annex II C (Documents) (new indent) (Directive 93/75/EEC)

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Passenger lists (in cases where dangerous or polluting substances are transported together with passengers)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (COM(96)0455 - C4-0544/96 - 96/0231(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0455 - 96/0231(SYN) ((OJ C 334, 8.11.1996, p. 11.)),

- having been consulted by the Council pursuant to Article 189c and Article 84(2) of the EC Treaty (C4-0544/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism (A4- 0073/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.