TRANNEWS. Committee meeting January 2008, Brussels. Adoption of draft reports

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1 TRANNEWS Newsletter from the European Parliament Committee on Transport and Tourism Number 40, 28 January 2008 questions & subscription: Link to the committee meeting documents: 9/organes/tran/tran_meetinglist.htm NEW SITE: s/homecom.do?/language=en&body=tran Committee meeting January 2008, Brussels Adoption of draft reports Sustainable European transport policy Rapporteur: Mr Gabriele Albertini (EPP- ED, IT) Own-initiative report The TRAN committee adopted a relatively short and synthetic resolution (24 paragraphs) which represents an analysis of the energy and environmental impact of transport, followed by several policy proposals how to improve the situation. The key points are: 1) More sustainability in transport through a policy mix. The three pillars of this mix should be developed and implemented at the same time and are the following: - technological improvements, new standards (as the most cost-effective measures); therefore the resolution supports in particular a legislative framework to reduce emissions to 125 g CO2/km for new cars and more investments in research to enable more energy-efficient and CO2 emissionreducing technologies; - market mechanism measures that are mostly the responsibility of Member States and therefore the resolution urges the Council and the Member States to adopt the proposal for a Directive on passenger car-related taxes and the introduction of the most promising fiscal reforms for cars and the environment in general and asks for monitoring and better coordination of these reforms by the Commission. In this context it contains a precise request to the Commission to submit by June 2008 at the latest the model for the internalisation of external costs together with an impact analysis and a phasing-in strategy for all modes of transport, combined with legislative proposals, starting with the revision of the Eurovignette-Directive. - flanking measures as increased infrastructure efficiency and behavioural changes. 2) Focus on the most promising areas: metropolitan and urban, main European interurban corridors and sensitive areas as the Alps. 3) A package of measures for more efficiency and sustainability for road, rail, air and maritime transport, in particular the elimination of technical obstacles in the railway sector; emissions-based differentiated take-off and landing charges at airports and a speedy creation of the Single European Sky; ships in ports fuelled from landbased sources and the possibility of emission allowance trading for the maritime sector. The report was adopted by 41:6:1. Adoption in plenary: February Access to the international road haulage market and common rules for the international carriage of passengers by coach and by bus Rapporteur: Mr Mathieu Grosch (EPP-ED, BE) The access to the international road haulage and cabotage market is currently governed by different Regulations and Directives dating back to The current proposal is a recast. The Commission's proposal intends to simplify and to clarify the rules applied to road haulage. The issue is one of cabotage; when and to what degree may a haulier from one state pick up and drop off in another. For both reports, the adopted removed the concept of repeated minor infringements. The committee stuck to the Commission's position of permitting up to three consecutive cabotage operations in international carriage to take place within a seven day period. Amendments which sought to extend or narrow these provisions were rejected. However the committee made cabotage operations independent of whether or not the vehicle is fully unloaded. Additionally, restrictions on cabotage operations are to be lifted by The general impact of other adopted was to facilitate cabotage. The report was adopted by 32:12:2. Mr Grosch's report on the access to the market for coach and bus services is governed by two Regulations concerning the liberalisation of international occasional services. Following the adoption of the Regulation on public service obligations, the Commission proposal seeks to simplify the legislative framework and to adapt the authorisation procedure for international regular services to the PSO Regulation. The most important adopted again removed the concept of repeated minor 1

2 infringements as disqualifying access, required a final judgement before access was refused or withdrawn from an operator and removed the possibility of a Member State refusing a bus service where a PSO train service ran on the same route. The report was adopted by 46:0:3 Plenary: April Adoption of opinion Development and commercial operating phases of the European programme of satellite radionavigation, EGNOS & Galileo Draftswoman: Ms Anne Jensen (ALDE, DK) Opinion to ITRE committee After a constructive debate over tabled on Ms Jensen s opinion and on seven compromises supported by political groups, TRAN Members voted in favour of explicit public procurement principles and rules for EGNOS and Galileo programmes and the revision of the role of the European Global Navigation Satellite Systems (GNSS) Supervisory Authority. The provisions adopted foresee limitation for a maximum of two segments out of six per contractor, minimum 40% subcontracting, guarantees for fair competition and involvement of SMEs, but not a reciprocity clause for third countries. The role of the European Space Agency (ESA) is to be reinforced. On the commercial operating phase and the public ownership of GNSS, the committee felt it necessary to set a timetable for the submission by the Commission of concrete proposals in The interoperability and comparability of the navigation systems and areas of the expected applications are to be ensured by the Commission. While the TRAN Committee backed also a series of, which include an action plan for the implementation, provisions for the protection of personal data privacy and comitology (PRAC), it rejected those related to additional funding (private or public). Before the vote, the Commission stated preference on flexible targets for the subcontracting instead of a binding percentage (40%). The opinion was adopted by 42:3:2. Adoption in ITRE: 29 January Draft opinions Green Paper on ship dismantling Draftsman: Mr Robert Evans (PSE, UK) Opinion to ENVI committee Ship dismantling in South-Asian countries, where two thirds of all end-of-life ships are scrapped, is often done under socially unacceptable conditions and furthermore causes considerable environmental damage. Introducing his draft opinion, the draftsman vividly illustrated the dangerous conditions for workers on a ship breaking site in Bangladesh, which he himself witnessed on the occasion of a recent EP delegation visit. The draftsman welcomed the Commission's Green Paper and considered that there is a need for the EU to take action, with the objective of gradually ending the current practices in the countries concerned. To this end, he calls for a better enforcement of the Waste Shipment Regulation by port authorities in Member States as well as for the inclusion of strict requirements in the forthcoming IMO convention on ship dismantling. At the same time, the draftsman is in favour of measures that support the development of a competitive and clean EU ship recycling industry. The draftsman stressed, however, that given the economic importance of this sector for the countries concerned, it must not be the aim to remove ship breaking activities entirely from those countries. He therefore suggests the EU should promote the transfer of technology, share knowledge and best practice and provide financial aid geared towards the upgrading of dismantling sites so that they comply as soon as possible with international safety and environmental standards. During the discussion, Members across the political spectrum, including the lead committee's rapporteur, welcomed the draft opinion and broadly supported the views expressed by the draftsman. 30 January, 12.00: deadline for Adoption in ENVI: March Discharge 2006 European Maritime Safety Agency (EMSA), European Aviation Safety Agency (EASA), European Railway Agency (ERA) Draftsman: Mr Luca Romagnoli (NI, IT) Opinion to CONT committee While pointing out under-utilisation of appropriations for maritime anti-pollution work and difficulties in accounting in the Rail Agency, the committee followed Mr Romagnoli's proposal to recommend discharge to the Budgetary Control committee. 31 January, 12.00: deadline for Adoption in CONT: 25 March Discharge 2006: EC general budget, Section III-Commission Draftsman: Georg Jarzembowski (EPP-ED, DE) Opinion to CONT committee The committee followed Mr Jarzembowski's proposal to recommend discharge. 2

3 31 January, 12.00: deadline for Adoption in CONT: 25 March Protection of customers in respect of certain aspects of timeshare Draftsman: Mr Emanuel Jardim Fernandes (PSE, PT) Opinion to IMCO committee The draftsman considers that the commercial activities covered by this proposed Directive are of major importance for tourism in the EU and, more specifically, for operators and consumers in the Union and generally supports therefore the line taken by the Commission. In his he tries to reinforce the position of the consumer in any transactions concerning the acquisition of user rights. Members across the political spectrum welcomed the draft opinion and broadly supported the views expressed by the draftsman. 30 January, : deadline for Adoption in IMCO: 26 March Exchange of views with Mr Radovan Žerjav, Slovenian Minister of Transport and Council President-in-Office The Minister debated the Slovenian Presidency's objectives and priorities with Members. Amongst others, the following priorities were mentioned: - improvements in transport safety; in particular on the proposed Directive on road infrastructure safety management and the expected proposal for the Directive on the cross border enforcement of controls and sanctions; - better quality and interoperability of the European railways, in particular the conclusion of the three proposals to recast the existing Interoperability Directives on high speed and conventional rail; - on road transport, the proposals on the conditions to pursue the occupation of road transport operator and for the access to the international road haulage and the proposal concerning the common rules for the international carriage of passengers by coach and bus; - on maritime transport, progress on the two remaining proposals of the Third Maritime Safety Package: the proposed Directive on compliance with Flag State requirements and the Directive on the civil liability and financial guarantees of ship-owners. Without questioning the "package approach" he proposed to speed up the process and to start with those dossiers which are ready for the second reading: Directive on port state control, on Accident investigation and on vessel traffic monitoring; - on air transport: examination of the proposals concerning the airports charges, the draft Regulation on a Code of Conduct for computerised reservation systems and SESAR; - the conclusion of a Common Transport area agreement with the Western Balkans countries in the transport areas; - progress of the Galileo project. Apart from very specific questions put forward by Members (promotion of e-call devices, Alpine Convention) some Members voiced concerns about the third maritime package. Members urged Council to come to a political agreement on the two remaining dossiers (Flag States and civil liability of ship-owners). Regarding the railway package dealing with interoperability (agreement already found under the Portuguese Presidency) and safety related issues, MEPs expect the transmission of the common positions. They supported the minister's initiative to strengthen the cooperation with the Western Balkans in the field of transport. Presentation of a study on the consequences of the growing European low-cost airline sector by the Instituto Superior Técnico (Technical University of Lisbon, Portugal), and the Department of Transport and Regional Economics (TPR), University of Antwerp The study assesses the changes in the air transport market resulting from the emergence of "low fares airlines" and was requested by Mr Stockmann. Following an introduction by Mr Stockmann, Ms Rosário Macário from the Technical University of Lisbon, Portugal presented the main findings of the study. According to the study, the development of the "low fares sector" has had a significant impact on established airlines, airports, intra and inter-modal competition, tourism, passenger flows and regional development. The study identifies the characteristics of low-cost operators and the market itself. It goes on to make a number of recommendations to European policy makers. The subsequent discussion in committee was lively. A lot of additional questions were raised; inter alia as regards, social impacts, passenger rights, the package travel Directive, or the discrimination of disabled people. The committee found the study very useful as it provided a lot of valuable background information for their future work on aviation policy. Common rules concerning the conditions to be complied with to pursue the occupation of road transport services Rapporteur: Ms Adriana Ticău (PSE, RO) Ms Ţicău detailed the principal provisions of the draft Regulation which the Commission submitted with its proposals on road transport market access and 3

4 access to the bus and coach sector for which Mr Grosch is rapporteur. The identification of legal infringements which disbar entry to the profession, national electronic registers and data management questions were some of the main points raised. Ms Ţicău hopes to present a draft explanatory statement and at the committee's February meeting, having pursued further discussions on this proposal with the Commission and Slovenian Presidency of Council. Draft report: February Adoption in TRAN: March 2008 Plenary: April Green Paper on urban mobility Rapporteur: Mr Reinhard Rack (EPP-ED, AT) Own-initiative report Members had a lively debate on the future EU policy towards improving urban transport systems. In his introduction, the rapporteur stressed that the committee's report should focus on a few selected topics. Among the key issues, he identified the question of subsidiarity, the adequacy of transport infrastructure and its efficient use and the potential of innovative technologies such as Intelligent Transport Systems (ITS). Members expressed widely differing views on the desirable degree of EU involvement in addressing questions of urban mobility. Correspondingly, there was also a debate on the suitability of different policy instruments ranging from mechanisms to facilitate the exchange of best practices and the establishment of guidelines to the adoption of legislation. Some Members referred to concrete areas (infrastructure, logistics, freight transport, town planning, etc), which they believe should be addressed. There seems to be consensus on the need to boost public transport as an alternative to the use of private cars. The financing of urban transport projects was another major issue raised during the debate. Many expressed the view that EU funding could be an important means to pursue common objectives in relation to urban mobility at European level. Finally, the rapporteur reminded Members of the forthcoming TRAN hearing on urban mobility on 14 February. The first session of the hearing will give representatives from a number of European cities the opportunity to present their views on the role of the EU in urban mobility policy, the approaches suggested in the Green Paper and the financing required. The second session will be devoted to a discussion with experts on how innovative solutions, research and new technologies can contribute to a smarter management of urban mobility. Hearing: 14 February 2008 Draft report: March 2008 Adoption in TRAN: May 2008 Adoption in plenary: June Protection of pedestrians and other vulnerable road users Rapporteur: Mr Francesco Ferrari (ALDE, IT) The Commission opened the discussion by presenting the rather technical proposal for Regulation. The requirements aimed at improving the safety of pedestrians and other vulnerable road users in case of injuries resulting from a collision with a motor vehicle are presently governed by Directive 2003/102/EC. As a result of the requirements of Article 5 of that Directive a review was undertaken as to the feasibility of certain requirements under the second phase of the Directive and the possible use of active safety systems. The review - based on an independent study - resulted in the conclusion that these requirements are not feasible. The Commission therefore proposes a new Regulation which will form the basis for a combination of feasible passive safety requirements (design of the cars) with active safety systems (active brake system). In addition, Directive 2005/66/EC of 26 October 2005, relating to the use of frontal protection systems provides for control on the use of such systems and the provision of levels of protection to vulnerable road users in the event of collision with vehicles making use of them. The Commission now proposes to combine the requirements of this Directive with those of the Directive 2003/102/EC relating to pedestrian protection. Following that, the rapporteur announced that he wishes to get a quick agreement on this file, in order to implement the Regulation as soon as possible. To this end he informed his colleagues on several questions he still needs to get satisfying answers from the Commission before drafting his proposal. In particular he wants to know: - If there is certainty that the original Phase II requirements, especially for the lower leg bumpers are technically unfeasible. - If the compulsory introduction of the brake assist as active pedestrian safety measure will effectively replace the Phase II requirements. - If there is no possibility to accelerate the timing for implementing the requirements of this Regulation. Draft report: February 2008 Adoption in TRAN: April Plenary January, Strasbourg Abolition of discrimination in transport rates and conditions (and hygiene of foodstuffs) Rapporteur: Mr Paolo Costa (ALDE, IT) Members stressed the positive effects of removing the bureaucratic procedures which are outdated for 4

5 the transport companies in the report of Mr Paolo Costa (ALDE, IT) amending regulation 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing EEC Treaty and Regulation (EC) No 852/2004 on the hygiene of foodstuffs. The proposal was submitted under the so-called "fast track action" aiming at the reduction of administrative burdens in the EU. The vote in plenary endorsed all tabled by the TRAN committee supporting the deletion of the obsolete elements of the documentation required for each consignment of goods, such as "route to be taken" or the "distance to be travelled" and the "frontier crossing points". Today there are no national borders within the EU regarding transport of goods and the sector is characterised by a high degree of liberalisation. Parliament agreed to remove the obligation of keeping a double copy of "the full and final transport charges and any other charges and any rebates or other factors affecting the transport rates and conditions", since the information is available in the carriers' accounting systems. The introduction of "the consignment notes or any other transport document" providing details required by the Regulation will reduce the paper work for carriers by avoiding duplication and will increase the legal certainty for transport undertakings. These notes are already required under the UN Convention on the Contract for the International Carriage of Goods by Road (Geneva, 1956). According to the Commission's impact assessment the expected benefit from the reduction of the administrative burdens is estimated around EUR 160 million annually. The measure will affect more than 300,000 businesses (100 rail operators, 7,000 inland waterway operators and 300,000 road freight carriers). The proposal related to the transport aspects was separated from the proposal on hygiene of foodstuffs with the adoption of a series of technical. The result of the vote, which provides the desirable objective of the swift adoption of the Regulation 11, and hence the economic benefits in a very quick short term period for the sector, was welcomed by the Commission. Directive 95/50/EC on implementing powers conferred on the Commission Rapporteur: Mr Boguslaw Liberadzki (PSE, PL) The EP adopted a report endorsing a Commission proposal to increase Parliament's powers to scrutinise draft implementing measures modifying the annexes of Directive 95/50/EC (on procedures for checks to be carried out by Member States on the transport of dangerous goods by road). Accordingly, the existing procedure is replaced by the new 'regulatory procedure with scrutiny', which allows Parliament not only to scrutinise comitology decisions but also to oppose them or propose. Airport charges Rapporteur: Mr Ulrich Stockmann (PSE, DE) The European Parliament adopted a legislative report that sets out common principles for levying airport charges at Community airports. The Directive aims to prevent any abuse of a dominant position in the market by individual airports, thus contributing to the balanced development of the EU airport sector. The Commission had proposed that the new rules should apply to airports with an annual traffic of more than one million passengers, but the European Parliament is in favour of five million passengers as a threshold or which accounted annually for more than 15% of the passenger movements in the Member State where it is located. This reflects a concern that the Directive as drafted would capture smaller airports who are not in a potentially market dominant position. The European Parliament's decision means that 67 airports throughout the EU will be affected by the Directive. Under the new rules, all airports will be bound by common rules on provision of mutual information, transparency and the way airport charges may be collected. It is also planned to introduce national independent regulatory authorities to ensure that the Directive is applied in full. This body, says the House, should establish procedures for resolving disagreements between the airport managing body and the airlines about changes to the level and structure of airport charges including relating to quality of service. Parliament introduces a new amendment saying: "The airport managing body may pre-finance new infrastructure projects by increasing airport charges accordingly, on condition that a) airport users are provided with transparent information on the extent and duration of airport charge increases; b) all additional revenue is used solely for the construction of the planned infrastructure; c) all official authorisations have been obtained." Compromise were adopted on the definition of airports charges, on airport networks, on the level of service quality to be provided by the airports managing body in return for the airports charge and the financing of new infrastructure projects. Extension of the tasks of the European Aviation Safety Agency Rapporteur: Mr Jörg Leichtfried (PSE, AT) Co-decision procedure, second reading Mr Leichtfried put forward a second reading report on common rules in the field of civil aviation and establishing a European Aviation Safety Agency. EASA is the centrepiece of the European Union s strategy for aviation safety. Its mission is to promote the highest common standards of safety and environmental protection in civil aviation. The adopted at second reading, which are agreed with the Council, introduce fines and 5

6 periodic penalty payments. The report says that, at the agency's request the Commission may impose fines as an alternative for the outright withdrawal of a certificate. The report states: (a) impose on the persons and the undertakings to which the Agency has issued a certificate, fines, where, intentionally or negligently, the provisions of this Regulation and its implementing rules have been breached; (b) impose, on the persons and undertakings to which the Agency has issued a certificate, periodic penalty payments, calculated from the date set in the decision, in order to compel those persons and undertakings to comply with the provisions of this Regulation and its implementing rules. The proposal seeks to address a long-standing anomaly in the EU: while aircraft now enjoy complete freedom within a unified market, safety standards continue to vary between the Member States. There has been rapid growth in air traffic and phenomenal success of low-cost airlines which now account for 12% of intra-community traffic. Currently, responsibility for regulating air traffic standards in Europe falls so a number of bodies including the European Civil Aviation Conference (ECAC) and the Joint Aviation Authority (JAA). In addition, there is the International Civil Aviation Organisation (ICAO). A further organisation, Eurocontrol, brings together 38 European States. It is responsible for developing, co-ordinating and planning pan-european air navigation strategies. These organisations, however, are intergovernmental in nature and the rules decided are only applied if the States concerned wish to apply them. They do not have any binding regulatory powers. The differences in standards can be considerable. New opinions This list shows the attribution of new Commission proposals to the groups and - where decided - to the rapporteurs and TRAN administrators: Opinions: Adaptation to the regulatory procedure with scrutiny - Proposal for a Regulation amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road as regards the implementing powers conferred on the Commission - COM(2007)0778 EPP-ED - Mr Jarzembowski TRAN administrator: Mr Damen Proposal for a Regulation adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council decision 1999/468/EC, as amended by decision 2006/512/EC, with regard to the regulatory procedure with scrutiny - COM(2007)0824 EPP-ED - Mr Jarzembowski TRAN administrator: Mr Damen Proposal for a Directive on statistical returns in respect of carriage of goods and passengers by sea - COM(2007)0859 EPP-ED - Mr Jarzembowski TRAN administrator: Mr Damen Revised proposal for a Directive on the promotion of clean and energy efficient road transport vehicles - COM(2007)0817 PSE Proposal for a Regulation on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information - COM(2007)0856 IND/DEM - Mr Blokland TRAN administrator: Mr Brown Proposal for a Regulation: setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light duty vehicles - COM(2007)0856 UEN - Mr O'Neachtain TRAN Committee meeting: 14 February 2008, Brussels: hearing on urban mobility February 2008, Brussels Provisional agenda: Monday, 25 February, afternoon: Green Paper ship dismantling/ Evans 2006 discharges agencies/ Romagnoli 2006 discharge Commission/ Jarzembowski Timeshare/ Fernandes Road infrastructure safety/ Markov possibly: ERTMS Tuesday 26 February, morning Green Paper ship dismantling/ Evans vote 2006 discharges agencies/ Romagnoli vote 2006 discharge Commission/ Jarzembowski vote Timeshare/ Fernandes vote Road infrastructure safety/ Markov vote Air Agreement United Arab Emirates/ Costa vote Tuesday 26 February, afternoon Occupation of road transport services/ Ticau First intelligent car report/ Gurmai Wednesday 27 February, morning Code of conduct computerised reservation systems/ Kirkhope Protection of pedestrians/ Ferrari Integrated maritime policy/ Piecyk The final agenda of the meeting will be published on a few days in advance. TRAN Committee meetings 2008 Brussels morning = afternoon = afternoon morning 6

7 07.04 afternoon all day afternoon all day afternoon all day all day afternoon all day morning afternoon all day afternoon afternoon all day morning afternoon morning afternoon all day morning afternoon morning morning 7