MARITIME TRANSPORT AND EC LAW AND POLICY

Transcription

1 MARITIME TRANSPORT AND EC LAW AND POLICY SEMINAR 5: COMMUNITY MEASURES CONCERNING SEA PORTS AND PORT AUTHORITIES HARMONISATION MEASURES AFFECTING MARITIME TRANSPORT This Seminar considers Community measures: on market access to port services and infrastructures & on obligations imposed on port authorities on safety and on employment, training & living conditions of seafarers READING Greaves, EC Transport Law, pp ; ; 138 AND pp87-89; 92-95; ; Green Paper, COM(97)678, Sea Ports and Maritime Infrastructures Proposal, COM(99)277 final, re integration of ports into the 1996 Revised TENT Guidelines amending Decision 1692/96 as regards seaports, inland ports and intermodal terminals White Paper, COM(2001)370, European transport Policy for 2010: time to decide, pp44-48 Port Package COM(2001)35 final proposal for a Directive PART I MARKET ACCESS TO PORT SERVICES Ports have not been in the past at the centre of the CTP. They have a role to play in the trans-european Transport Network (TEN-T) Range of services and facilities provided by ports: pilotage; towage; mooring; cargohandling; storage; etc. also ancillary services such as fire-fighting; water supply and waste-reception facilities. Green Paper COM(1997) 678 final key element port services such as cargo handling in its many facets, including storage as well as towing, mooring and pilotage Proposal for a Directive on Market Access to Port Services of a commercial nature COM(2001)35 final; Common Position COM(2003)208 No success and withdrawn port packages fees and rules on public funding; charging practices 1

2 PART II FINANCING & CHARGING FOR PORTS & MARITIME INFRASTRUCTURES NB Glaring omission in Article 91 TFEU is the lack of provision of infrastructure for the industry Green Paper - assessed the current position, in particular with regard to State Aid. Commission advocates a general framework requiring charges to be linked to costs: ie (a) charges for provision of services and facilities to enable a ship to enter safely and use the port (b) charges for specific services or supplies rendered (c) rents or charges for the use of land and equipment owned by the port WP p.76 re facts behind the costs to the user In maritime transport, the Commission is looking at the tariffs currently applied in Sweden in this sector, particularly port taxes and taxes to reduce pollutant emissions, in order to see whether this approach might encourage greater account to be taken of external costs elsewhere in the Community. In the light of this examination a Community framework may be proposed which links port taxes to these costs. COM(2001)234: Working Document on public financing & charging practices in Community sea port sector PART III PORT STATE CONTROL POWERS, DUTIES & OBLIGATIONS IMPOSED ON PORT AUTHORITIES Directive 95/21 (OJ 1995 L157/1) amended in 1998 (Directive 98/25, OJ 1998 L133/19 and Directive 2001/106, OJ 2001 L19/17) every 6 months on a list Re-enforcement of international standards for ship safety, pollution prevention and shipboard living & working conditions Commission v France (2004) Obliges the Member States to inspect at least 25% of the ships entering their ports each year (Article 5) Article 11 empowers Member States within context of port State control to detain a ship if crews are unable to provide proof of the professional competence required. Directive 2000/59 (OJ 2000 L332/81) on port reception facilities for shipgenerated waste & cargo residues. (action v MSs) Directive 2001/96 (OJ 2002 L13/9) establishing harmonized requirements & procedures for the safe loading & unloading of bulk carriers Commission Directive 96/40 (OJ 1996 L196/8) establishing a common procedure for an ID card for inspectors carrying out port State control Directive 2002/6 (OJ 2002 L67) on reporting formalities for ships arriving in and/or departing from ports of the MSs. 2

3 PART IV EC MARITIME SAFETY POLICY Policy has been to encourage Member States to ratify or accede to existing conventions. Nevertheless Community legislative action in this field is now considerable shipping disasters. Commission Communication entitled A Common Policy on Safe Seas, OJ 1993 C/271/1; Communication on Enhancing Maritime Transport Security COM(2003)229 Key players: Governments; Classification Societies & Shipowners Directive 94/57 (OJ 1994 L319/20) established common rules and standards for ship inspection and survey organizations (amended Directive 97/58 & 2001/105, OJ 2001 L19/9) Directive 95/21 (OJ 1995 L157/1) (Port State Control) - ensures the enforcement of international standards for ship safety, pollution prevention and shipboard living and working conditions in respect of shipping using EU ports and sailing in the waters under the jurisdiction of Member States. Directive 96/98 (OJ 1997 L46/25) on marine equipment seeking to improve the safety performance of equipment carried on board and to strengthen the powers of the authorized inspection bodies. Regulations 1406/2002 (OJ 2002 L 208/1) establishing a European Maritime Safety Agency. (EMSA). [Directive 97/70 (OJ 1997 L34/1) harmonized safety regime for fishing vessels of 24 meters in length and over.] Carriage of Dangerous & Polluting Goods Directive 93/75 (OJ 1975 L247/19) subsequently amended minimum requirements for ships entering and leaving Community seaports and carrying dangerous or polluting goods (to be repealed from 05/02/04) Regulation 2974/94 (OJ 1994 L319) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers. Regulation 1726/2003 amending Regulation 417/2002 (OJ 2002 L249/1) on accelerating phasing-in of double-hull oil tankers. Council Framework Decision 2005/667 JHA to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution (OJ 2005 L255) Directive 2005/35 on ship-source pollution and on the introduction of penalties for infringements (OJ 2005 L255) 3

4 Passenger Ships Regulation 3051/95 (OJ 1995 L320/14) establishes safety procedures for Ro-Ro passenger vessels (amended 1998) Regulation 98/179 Directive 98/18 (OJ 1998 L144/1) dealing with safety rules and standards for passenger ships (amended by Directive 2003/24, OJ 2003 L123/18) Directive 98/41 (OJ 1998 L188/35) registration of persons sailing on board passenger ships Directive 99/35 (OJ 1999 L138/1) on a system of mandatory surveys for the safe operation of regular Ro-Ro ferry and high-speed passenger craft services Directive 2003/25 (OJ 2003 L123/22) on specific stability requirements for R0-ro passenger ships Notes: Erika I package focused on control & inspection of ships stopping at European ports, the quality of classification companies & the elimination of single hull ships. Erika II package of 3 measures: a regulation setting up a maritime safety agency; a European victim compensation fund; and a proposed directive strengthening surveillance of ships navigating in European waters. PART V ACCESS TO THE OCCUPATION (RIGHT OF ESTABLISHMENT) Removal of restrictions Right of establishment Art 49 et seq TFEU Regulation 613/91 (OJ 1991 L68/1) transfer of certain types of cargo ships from one register to another within the EU- Case C-62/96 Commission v Germany [1997] ECR I-6725 Registration of ships: Factortame II, Case C-221/89, R v Secretary of State for Transport [1991] ECR 3905 PART VI FREE MOVEMENT OF SEAFARERS Article 45 TFEU and Regulation 1612/68 (OJ Sp. Ed L257/2) Article 45(4) TFEU re public service Directive 89/48 (OJ 1989 L19/16) & Directive 92/51 PART VI SEAFARERS SALARIES, TRAINING & LIVING CONDITIONS COM(2001)188 final - Commission Communication on the Training & Recruitment of Seafarers Directive 79/115 (OJ 1979 L33/32) deep-sea pilots in North Sea and English Channel Directive 92/29, (OJ 1992 L113/19) on medical treatment aboard vessels 4

5 Directive 99/63 (OJ 1999 L167/33) re Agreement between shipowners associations and trade unions on working time Directive 99/95 (OJ 1999 L14/29) on the working time for seafarers on board ships calling at Community ports ie to apply the provisions of Directive 99/63 which reflect the provisions of ILO Convention No.180, to any ship calling at a Community port, irrespective of the flag it flies. Directive 2001/25 (OJ 2001 L136/17) on the minimum level of training of seafarers (repeals Directive 94/58). The Directive adapts Community law to minimum international standards agreed at the IMO (proposed amendment COM(2003)1 final) 5