2009/0005(COD)

Maritime transport: formalities for ships arriving in and/or departing from Member State ports (repeal. Directive 2002/6/EC)

Procedure completed

2009/0005(COD) Maritime transport: formalities for ships arriving in and/or departing from Member State ports (repeal. Directive 2002/6/EC)
RoleCommitteeRapporteurShadows
Lead TRAN STERCKX Dirk (ALDE) DE GRANDES PASCUAL Luis (EPP), MILANA Guido (S&D), BESSET Jean-Paul (Verts/ALE), FOSTER Jacqueline (ECR)
Lead TRAN
Lead committee dossier: TRAN/7/00227
Legal Basis TFEU TFEU 100-p2
Subjects
Links

Activites

  • 2010/10/29 Final act published in Official Journal
  • 2010/10/20 Final act signed
  • 2010/10/20 End of procedure in Parliament
  • 2010/10/11 Act adopted by Council after Parliament's 1st reading
  • #3035
  • 2010/10/11 Council Meeting
  • 2010/07/06 Text adopted by Parliament, 1st reading/single reading
    • T7-0259/2010 summary
    • Results of vote in Parliament
  • 2010/07/06 Commission response to text adopted in plenary
  • 2010/07/05 Debate in Parliament
  • 2010/03/25 Committee report tabled for plenary, 1st reading/single reading
  • 2010/03/23 Vote in committee, 1st reading/single reading
  • 2010/02/25 Deadline Amendments
  • #2987
  • 2009/12/17 Council Meeting
  • 2009/12/17 Committee draft report
  • 2009/11/04 Economic and Social Committee: opinion, report
  • 2009/10/19 Committee referral announced in Parliament, 1st reading/single reading
  • #2964
  • 2009/10/09 Council Meeting
  • 2009/06/17 Committee of the Regions: opinion
  • 2009/03/30 Resolution/conclusions adopted by Council
  • #2935
  • 2009/03/30 Council Meeting
  • 2009/03/09 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/01/21 EP officialisation
  • 2009/01/21 Legislative proposal
    • COM(2009)0011 summary
    • SEC(2009)0046
    • SEC(2009)0047
    • DG Mobility and Transport, KALLAS Siim

Documents

AmendmentsDossier
63 2009/0005(COD) Maritime transport: formalities for ships arriving in and/or departing from Member State ports (repeal. Directive 2002/6/EC)
2009/12/17 TRAN, TRAN 27 amendments...
source: PE-430.405
2010/01/03 TRAN 36 amendments...
source: PE-438.195

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • body
    EP
    date
    2009-01-21
    type
    EP officialisation
  • date
    2009-01-21
    docs
    body
    EC
    commission
    • DG
      Mobility and Transport
      Commissioner
      KALLAS Siim
    type
    Legislative proposal
  • date
    2009-03-09
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-03-30
    text
    • The Council adopted conclusions which support the objective of extending the internal market to sea transport between ports located in the EU, by simplifying, and speeding up through, inter alia, the use of IT, administrative procedures in intra-EU maritime transport, aiming to make it more attractive, more efficient and more competitive.

      In this context, the Council welcomes the Commission's proposal for a Directive aiming at rationalising vessel-related and goods-related reporting and forms required by maritime transport directives and replacing Directive 2002/6/EC on reporting formalities for vessels arriving in and/or departing from ports. It undertakes to give it proper priority within the legislative work programme to further rationalise administrative procedures for vessels arriving at and departing from EU ports by making compatible IMO/FAL requirements and Community regulations.

      The conclusions stress the need to facilitate transport by sea by reaching a level of fully IT­‑ based communications, including to enhance electronic data transmission, on the basis of existing or established systems, through the development of e-Maritime systems and single electronic window solutions, providing, where appropriate, Community funding support within the ceilings of the present and upcoming Multiannual Financial Framework.

      The Council supports the Commission in improving the management and development of the central SafeSeaNet system at policy level, considering the possibility of processing port information through SafeSeaNet. The Commission and Member States should organise a rational distribution of information regarding ships and goods through interoperable SafeSeaNet and e-Customs systems.

      Moreover, Member States should - as far as possible - coordinate inspections in ports and study the possibility of establishing separation areas for intra-EU goods, improve use of electronic manifests, and, where appropriate, the use of Pilot Exemption Certificates, and to further facilitate administrative communication by reducing language barriers.

      The Council further underlines the need to take initiatives, together with third countries, at the appropriate international bodies to reduce administrative barriers for international maritime transport, with the aim of levelling the playing field for maritime transport.

      The Commission is called upon to:

      • study the possibility of simplified administrative procedures for vessels sailing mainly between EU ports and having a call in a third country or a free zone, while maintaining high anti-fraud and anti-counterfeit standards;
      • present, as soon as possible, the future vision for the implementation and correlation between modern information based initiatives, such as e‑Freight, e‑maritime, SafeSeaNet and e‑Customs;
      • monitor the progress made in the establishment of the European maritime transport space without barriers, and to present remedial action if needed, at the latest in the regular report on Short Sea Shipping scheduled for 2012.
    body
    type
    Resolution/conclusions adopted by Council
  • date
    2009-03-30
    body
    CSL
    type
    Council Meeting
    council
    Transport, Telecommunications and Energy
    meeting_id
    2935
  • date
    2009-06-17
    docs
    • url
      http://coropinions.cor.europa.eu/coropiniondocument.aspx?language=EN&docnr=0416&year=2008
      title
      CDR0416/2008
      type
      Committee of the Regions: opinion
      celexid
      CELEX:52008AR0416:EN
    body
    type
    Committee of the Regions: opinion
  • body
    CSL
    meeting_id
    2964
    text
    • In public deliberation, the Council took note of a progress report on a proposal for a directive aimed at simplifying the procedures and formalities to be fulfilled when ships arrive in or depart from EU ports.

      The Council instructed its preparatory bodies to continue the examination of this file, with a view to arriving at a rapid adoption of the proposal.

      The examination of the proposal by the Shipping Working Party started in May 2009, under the Czech Presidency but with a Swedish chair. The work has been pursued under the Swedish Presidency.

      The European Parliament has not yet started its examination. A rapporteur was nominated in September 2009 (Mr Sterckx, ALDE-BE). A first exchange of views in the Transport and Tourism Committee might take place in November 2009.

      Delegations are in general very positive to the aim of simplifying the administrative procedures. However, some doubts have been expressed on the relationship with other existing EU legal texts, such as the Customs Code, the Schengen Borders Code and the Vessel Traffic Monitoring Directive, as well as with certain international requirements. Furthermore, many Member States question the different time-frames in the Commission proposal for the implementation of the Directive.

      Regarding the scope, the Commission's intention to cover all seagoing ships is considered as being too broad. In addition, some landlocked EU Member States raised the question of the need for them to transpose the Directive.

      Concerning the language in which FAL forms may be submitted, the Commission has proposed that all IMO official languages could be used. However, a number of delegations has proposed English as it is the language most widely used in shipping, but there is strong reluctance on this point from several other delegations.

      Lastly, the examination of the Commission proposal has shown that some of the simplification measures might be difficult to implement, more for reasons of legislative technique than for political reasons.

      As regards the scope and with a view to facilitating an agreement, the Presidency has proposed the exclusion of some categories of ships as suggested by some delegations. Furthermore, a specific solution for landlocked Member States has to be found, taking into account the fact that some of these Member States have ships registered under their flag.

      As for other outstanding issues, the Presidency is seeking to simplify and clarify the proposal along the lines suggested by delegations. A core issue here is to ensure consistency with other EU legislation and international requirements, in order to avoid any contradictions and/or legal vacua.

      As soon as the European Parliament has started its examination, it is the intention of the Presidency to commence informal contacts with the rapporteur. The aim would be to reach a first reading agreement with the Parliament, depending on the time-table of the Parliament.

      At this stage, all delegations have general scrutiny reservations on the current text of the Commission proposal. In addition, DK, MT and UK have parliamentary scrutiny reservations.

      Following the above, Coreper is invited to take note of this progress report and to invite the TTE Council to examine it on 9 October 2009.

    council
    Transport, Telecommunications and Energy
    date
    2009-10-09
    type
    Council Meeting
  • date
    2009-10-19
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-11-04
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=1695&year=2009
      title
      CES1695/2009
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52009AE1695:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • body
    CSL
    meeting_id
    2987
    text
    • The Council reached a general approach, pending the European Parliament's position at first reading, on a draft directive on the reporting formalities to be fulfilled by ships arriving in or departing from EU ports in maritime transport. The proposed legislation is to replace directive 2002/6/EC on the same subject.

      The adoption of the draft directive is subject to the ordinary legislative procedure under the Lisbon treaty (that is, co-decision procedure with the European Parliament). The Parliament started its examination of the text this autumn.

      The focus on electronic data transmission was agreed during discussions in the Council working party, since the broader approach originally proposed by the Commission was found lacking in clarity. However, the draft directive as it stands also contains a more general provision in favour of further harmonisation of reporting formalities on national and EU level.

      As the directive does not create new reporting formalities, ships currently exempted from such obligations will remain outside its scope. Moreover, countries without any sea port will not be required to transpose the directive in respect of ports.

      The proposal is among a number of measures announced by the Commission in a communication in January 2009 (see COM(2009)0010) with a view to creating a European maritime transport area without barriers.

    council
    Transport, Telecommunications and Energy
    date
    2009-12-17
    type
    Council Meeting
  • date
    2009-12-17
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE430.405
      type
      Committee draft report
      title
      PE430.405
    body
    EP
    type
    Committee draft report
  • body
    EP
    date
    2010-02-25
    type
    Deadline Amendments
  • date
    2010-03-23
    text
    • The Committee on Transport and Tourism adopted the report drawn up by Dirk STERCKX (ALDE, BE) on the proposal for a regulation of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community and repealing Directive 2002/6/EC. It recommended that the European Parliament's position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal as follows:

      Subject matter: Members state that the purpose of the Directive is not only to simplify but also to harmonise the administrative procedures applied to maritime transport.

      Electronic systems: the committee specified that widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 February 2013 at the latest. As the transmission of this data forms a chain stretching from the user to SafeSeaNet, all the information systems should be technically interoperable by the same deadline to ensure the smooth running of the European maritime transport space without barriers.

      The full benefits of electronic data transmission can only be achieved if there is smooth and effective communication between SafeSeaNet, e-Customs and the electronic systems for entering or calling up data. To that end, in order to limit administrative burdens, recourse should be had in the first instance to the existing standards.

      Access to SafeSeaNet and to these electronic systems should be regulated in order to protect commercial and confidential information and should be without prejudice to the applicable law on the protection of commercial data and, in respect of personal data, to Directive 95/46/EC and to Regulation (EC) No 45/2001. The introduction of these systems should not result in uncontrolled processing of economically sensitive information belonging to market operators. A reliable access control system is necessary, including an obligation to provide thorough justifications.

      Members insert a definition of 'electronic transmission of data' which  means the process of transmitting information that has been encoded digitally, using a revisable structured format which can be used directly for storage and processing by computers.

      FAL forms: the FAL forms must be submitted in accordance with Regulation 14(4) of Chapter V of the SOLAS Convention (as referred to in Directive 2001/25/EC on the minimum level of training of seafarers). That regulation provides for the use of English as the common working language.

      Electronic transmission of documents: the committee specifies one electronic platform for data collecting and exchanging, but does not specify which platform. It states that this electronic platform, where SafeSeaNet, e-Customs and other electronic systems converge, shall be the place where all information, received by various competent authorities in accordance with the Directive, is collected and exchanged between these competent authorities and the Member States.

      Confidentiality of data: a new article stipulates that Member States shall, take the necessary measures to ensure that data they receive under the Directive remain confidential and are only used in accordance with this Directive. They shall take particular care to protect commercial data collected under the Directive. In respect of personal data, Member States shall ensure they comply with Directive 95/46/EC and with Regulation (EC) No 45/2001. Member States shall ensure that the users of these data have access only to the database relevant to their specific responsibilities and thus do not misuse these data or transfer personal or commercial data without thorough justifications.

      Exemptions: Members state that Community goods which are electronically identified must not be subject to additional formalities on the grounds that the ship has called at a port in a third country or free zone.

      Extension of coverage: a new article stipulates that the Commission shall report by 31 December 2011 at the latest on extending the scope of the simplification introduced by the Directive to cover inland waterway transport. The Commission shall also consider to what extent the River Information System is compatible with the electronic systems referred to in the Directive.

      European Maritime Safety Agency: another new article states that when Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency is next revised, the Commission shall, on the basis of this Directive, propose amendments intended to make this Agency operational and competent in respect of the monitoring and the technical and administrative harmonisation of the formalities provided for in this Directive.

      Delegation of power: Members inserted certain clauses to conform with Article 290 of the Treaty.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2010-03-25
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0064&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0064/2010
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2010-07-05
    body
    EP
    type
    Debate in Parliament
  • date
    2010-07-06
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2010-07-06
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=18204&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2010)6509
    body
    EC
    commission
    • DG
      Mobility and Transport
      Commissioner
      KALLAS Siim
    type
    Commission response to text adopted in plenary
  • date
    2010-10-11
    body
    type
    Act adopted by Council after Parliament's 1st reading
  • date
    2010-10-11
    body
    CSL
    type
    Council Meeting
    council
    Competitiveness (Internal Market, Industry, Research and Space)
    meeting_id
    3035
  • date
    2010-10-20
    body
    type
    Final act signed
  • date
    2010-10-20
    body
    EP
    type
    End of procedure in Parliament
  • date
    2010-10-29
    text
    • PURPOSE: reduce the amount of reporting formalities for ships arriving in and/or departing from EU ports in order to facilitate maritime transport.

      LEGISLATIVE ACT: Directive 2010/65/EU of the European Parliament and of the Councilon reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC.

      CONTENT: the Council adopted a directive aimed at reducing the administrative procedures to be fulfilled when ships arrive at depart from EU ports, thereby facilitating maritime transport following an agreement reached at first reading with the European Parliament and the Council.

      Subject matter and scope: the purpose of this Directive is to simplify and harmonise the administrative procedures applied to maritime transport by making the electronic transmission of information standard and by rationalising reporting formalities.Each Member State shall take measures to ensure that the reporting formalities are requested in a harmonised and coordinated manner within that Member State.

      Notification prior to arrival into ports: Member States shall ensure that the master or any other person duly authorised by the operator of the ship provides notification, prior to arriving in a port situated in a Member State, of the information required under the reporting formalities to the competent authority designated by that Member State.

      Electronic transmission of data: Member States shall accept the fulfilment of reporting formalities in electronic format and their transmission via a single window as soon as possible and in any case no later than 1 June 2015. This single window, linking SafeSeaNet, e-Customs and other electronic systems, shall be the place where, in accordance with this Directive, all information is reported once and made available to various competent authorities and the Member States.

      Information in FAL forms: the Directive provides that Member States shall accept FAL forms for the fulfilment of reporting formalities. Member States may accept that information required in accordance with a legal act of the Union is provided in a paper format until 1 June 2015 only.

      Exchange of data: Member States shall ensure that information received in accordance with the reporting formalities provided in a legal act of the Union is made available in their national SafeSeaNet systems and shall make relevant parts of such information available to other Member States via the SafeSeaNet system; however, they may exclude data for customs and border control purposes from this exchange.

      Report: the Commission shall report to the European Parliament and the Council, by 19 November 2013, on the functioning of this Directive.

      TRANSPOSITION: 19/05/2012.

      APPLICATION DATE : 19/05/2012.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    shadows
    responsible
    True
    committee
    TRAN
    date
    2009-09-01
    committee_full
    Transport and Tourism
    rapporteur
    • group
      ALDE
      name
      STERCKX Dirk
  • body
    EP
    responsible
    True
    committee_full
    Transport and Tourism
    committee
    TRAN
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Mobility and Transport
    commissioner
    KALLAS Siim
procedure added
dossier_of_the_committee
TRAN/7/00227
reference
2009/0005(COD)
subtype
Legislation
legal_basis
  • Treaty on the Functioning of the EU TFEU 100-p2
stage_reached
Procedure completed
instrument
Directive
title
Maritime transport: formalities for ships arriving in and/or departing from Member State ports (repeal. Directive 2002/6/EC)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament