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12845/03 (Presse 280)
2531st Council meeting
– TRANSPORT, TELECOMMUNICATIONS AND ENERGY –
Luxembourg, 9 October 2003
President : Mr Pietro LUNARDI,
Minister for Infrastructures and Transports of the
Italian Republic
Internet: http://ue.eu.int
E-mail: press.office@consilium.eu.int
For further information please call 32 2 285 62 19 - 32 2 285 63 19
12845/03 (Presse 280) 1
EN
9.X.2003
CONTENTS 1
PARTICIPANTS ................................................................................................................................ 4
ITEMS DEBATED
MARITIME TRANSPORT .............................................................................................................. 6
SHIP AND PORT FACILITY TRANSPORT SECURITY ................................................................ 6
SHIP-SOURCE POLLUTION AND SANCTIONS FOR POLLUTION OFFENCES ...................... 8
INTERMODAL QUESTIONS ....................................................................................................... 10
TRANS-EUROPEAN TRANPORT NETWORKS (TENS) - Public deliberation .......................... 10
AVIATION ....................................................................................................................................... 12
AIR SERVICES AGREEMENTS BETWEEN MEMBER STATES AND THIRD
COUNTRIES ..................................................................................................................................... 12
NEGOTIATIONS WITH THE UNITED STATES .......................................................................... 13
SUBSIDISATION AND UNFAIR PRICING PRACTICES ............................................................ 14
INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS –
Public deliberation ............................................................................................................................. 15
INLAND TRANSPORT .................................................................................................................. 16
SAFETY REQUIREMENTS FOR TUNNELS ................................................................................. 16
ROAD INFRASTRUCTURE CHARGING – Public deliberation ................................................... 17
OTHER BUSINESS .......................................................................................................................... 18
– GALILEO ................................................................................................................................. 18
– INLAND WATERWAYS ........................................................................................................ 18
ITEMS APPROVED WITHOUT DEBATE
MARITIME TRANSPORT
– Seafairing training* .................................................................................................................................................. I
1
▪ Where declarations, conclusions or resolutions have been formally adopted by the Council, this is
indicated in the heading for the item concerned and the text is placed between quotation marks.
▪ The documents whose references are given in the text are available on the Council's Internet site
http://ue.eu.int.
▪ Acts adopted with statements for the Council minutes which may be released to the public are indicated by
an asterisk; these statements are available on the above mentioned Council Internet site or may be
obtained from the Press Office.
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ENVIRONMENT
– Measurement of carbon dioxide emissions and fuel consumption of N1 vehicles* ................................................. I
AGRICULTURE
– Foodstuffs * .............................................................................................................................................................II
3
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PARTICIPANTS
The Governments of the Member States and the European Commission were represented as
follows:
Belgium :
Mr Bert ANCIAUX Minister for Social Economy and Mobility
Denmark :
Mr Flemming HANSEN Minister for Transport and Minister for Nordic Cooperation
Mr Jeppe TRASHOLM State Secretary
Germany :
Mr Manfred STOLPE Federal Minister for Transport, Building and Housing
Greece :
Mr Christos VERELIS Minister for Transport and Communications
Mr Georgios PASCHALIDIS Minister for Mercantile Marine
Spain :
Mr Adolfo MENENDEZ State Secretary for Transport
France :
Mr Gilles de ROBIEN Minister for Infrastructure, Transport, Housing, Tourism and Sea
Ireland :
Minister of State at the Department of Transport (with special
Mr Jim McDAID responsibility for Road Traffic including Road Haulage)
Italy :
Mr Pietro LUNARDI Minister for Infrastructure and Transport
Mr Guido VICECONTE State Secretary for Infrastructure and Transport
Luxembourg :
Mr Henri GRETHEN Minister for Economic Affairs, Minister for Transport
Netherlands :
Mrs Karla PEIJS Minister for Transport and Water Management
Austria :
Mr Herbert GORBACH Federal Minister for Transport, Innovation and Technology
Portugal :
Mr António CARMONA RODRIGUES Minister for Public Works, Transport and Housing
Finland :
Mr Kare HALONEN Deputy Permanent Representative
Sweden :
Mr Jonas BJELVFENSTAM State Secretary at the Ministry of Industry, Employment and
Communications
United Kingdom :
Mr David JAMIESON Parliamentary Undersecretary of State for Transport
* * *
Commission :
Ms Loyola DE PALACIO Vice-President
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The Governments of the Accession States were represented as follows:
Czech Republic :
Mr Milan SIMONOVSKÝ Minister for Transport
Estonia :
Mr Meelis ATONEN Minister of Economic Affairs and Communication
Cyprus :
Mr Kyriakos KAZAMIAS Minister of Transport and Telecommunications
Latvia :
Mr Roberts ZILE Minister for Transport and Telecommunications
Lithuania :
Mr Zigmantas BALČYTIS Minister for Transport and Telecommunications
Hungary :
Mr Zoltán KAZATSAY Deputy State Secretary
Malta:
Mr Censu GALEA Minister for Transport and Communications
Poland :
Mr Marek POL Minister for Infrastructure
Slovakia :
Mr Pavol PROKOPOVIČ Minister for Transport
Slovenia :
Mr Jakob PRESEČNIK Minister for Transport
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ITEMS DEBATED
MARITIME TRANSPORT
SHIP AND PORT FACILITY TRANSPORT SECURITY
The Council agreed on a general approach, pending the European Parliament's first reading, to the
proposal for a Regulation aimed at enhancing security on board ships and in ship/port interface
areas.
The Council asked the Presidency to contact the European Parliament with the aim of reaching an
agreement at first reading in the codecision procedure, thus enabling rapid adoption of this
legislative proposal.
The text of the general approach includes, in particular:
♦ In respect of international shipping, Member States shall apply in full the security measures
agreed on at the IMO in December 2002. Certain measures under part B of the International
Ship and Port Facility Security Code (ISPS Code) left optional at IMO level were made
mandatory under Community legislation.
♦ As regards domestic shipping, it was agreed to apply the same security measures adopted at
2
the International Maritime Organisation to Class A passenger ships involved in domestic
shipping. As far as other categories of ships operating domestic services were concerned, it
was agreed that Member States must carry out a security risk assessment so as to be able to
decide the extent to which security measures are applied without compromising the overall
level of security.
This draft Regulation is aimed at incorporating into Community legislation the maritime security
measures adopted in December 2002 by the International Maritime Organisation (IMO) in order to
prevent acts of terrorism against ships. The date agreed on by the IMO for the implementation of
those measures has been set at 1 July 2004.
2
According to Council Directive 98/18/EC, "Class A" ships means a passenger ship engaged on domestic voyages
in the course of which it is further than 20 miles from the line of coast or in sea areas where the probability of
exceeding 2,5 m significant wave height is bigger than 10%.
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Under this draft Regulation, international security measures will be implemented in the framework
of Community law in a harmonised manner and under equal conditions throughout the Community
as a whole.
Following the terrorist acts committed in New York and Washington on 11 September 2001, the
United States Government referred maritime security issues to international fora, in this case the
International Maritime Organisation (IMO).
In December 2002, the IMO Diplomatic Conference on maritime security decided on a set of
measures enhancing maritime security on board ships and at ship/port interface areas. These
measures consist of a new Chapter XI-2 of the SOLAS Convention and the new International Ship
and Port Facility Security (ISPS) Code.
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SHIP-SOURCE POLLUTION AND SANCTIONS FOR POLLUTION OFFENCES
The Council held a policy debate on the proposal for a Directive on ship source pollution and on the
introduction of sanctions, including criminal sanctions, for pollution of the marine environment.
The Presidency concluded that:
All delegations supported the objective of the Commission proposal to integrate international
rules on ship-source pollution into Community law by means of a Directive and to adopt a legal
instrument which is as dissuasive as possible,
Delegations voiced concerns about the legal correctness of using a Community instrument
which specifically mentioned penal sanctions. Criminal aspects were deemed more suitable in a
Framework Decision based on the Third Pillar of the European Union Treaty,
Doubts were also expressed as to the possibility of implementing the Directive if it went beyond
the provisions of MARPOL 3, for instance for ships flying the flag of a third State and which do
not call at a port of a Member State,
The principle of being able to act against ships, even under the flag of a third State, was
however clearly stated, in particular if the pollution damage reached the coasts or territorial
waters of Member States,
A majority of delegations favoured the concept of prohibition, to ensure monetary penalties
related to pollution offences, as was already the case in several Member States.
3
Marpol 73/78 is the International Convention for the prevention of pollution from ships (1973) and its
1978 Protocol, as amended.
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The Council instructed the Permanent Representatives Committee to continue the examination of
this proposal with a view to reaching an agreement at its meeting in December, taking into account
the objective referred to by the European Council in March 2003.
The aim of the Directive is to transpose the international rules on ship-source pollution of the
MARPOL Convention into Community legislation and to establish harmonised rules for their
enforcement. It also extends the measures to include offences occurring on the high seas in
accordance with the provisions of the United Nations Convention on the law of the Sea (UNCLOS).
The proposal meets the request by the European Council in Copenhagen on 13 December 2002
following the "Prestige" accident that further specific measures be taken relating to liability and
corresponding sanctions in cases of ship-source pollution. At its meeting on 5
and 6 December 2002 the Transport, Telecommunications and Energy Council welcomed the
Commission's intention to submit a proposal to ensure that any person who had caused or
contributed to a pollution incident through grossly negligent behaviour should be subject to
appropriate sanctions.
The European Council held in Brussels on 20/21 March 2003 reiterated and expanded on this by
calling for the "adoption, before the end of 2003 and on the basis of the Commission's recent
proposal, of a system of sanctions, including criminal sanctions, to deal with pollution offences on
an appropriate legal basis."
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INTERMODAL QUESTIONS
TRANS-EUROPEAN TRANPORT NETWORKS (TENS) - Public deliberation
The Council took note of the presentation by Vice-President Loyola De Palacio of the draft
Decision adapting the guidelines for the Trans-European transport network (TEN-T) to the
dimensions of an enlarged European Union.
Delegations expressed preliminary views on the proposal during the ensuing public debate.
Delegations unanimously welcomed the proposal as an important contribution towards ensuring the
cohesion of the enlarged Union and towards further developing the competitiveness of the internal
market. Among the main issues stressed by Ministers were the importance of promoting
intermodality, enhanced cooperation between Member States involved in cross-border and
transnational projects and the development of links with neighbouring regions outside the Union.
The Council instructed the Committee of Permanent Representatives, upon receipt of the
Commission proposal, to start work forthwith so as to enable the Council to take a political decision
as soon as possible.
The Commission's proposal is built on the proposal amending the 1996 guidelines for the
Trans-European transport network presented by the Commission in October 2001 and takes into
account the recommendations contained in the report of the High-Level Group, which was chaired
by former Commissioner for Transport, Karel Van Miert. As for the existing guidelines, the new
proposal contains a list of priority projects, which incorporate and add to the projects adopted by the
Essen European Council in 1994.
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The new elements of the proposal include inter alia:
the concept of the "motorways of the sea";
the introduction of the concept of "projects of European interest" which provides priority
treatment as far as financing and authorisation procedures are concerned;
the creation of a new coordination mechanism at Community level intended to facilitate in
particular operational and financial cooperation between Member States affected by the same
cross-border project;
the extension of the deadline for the conclusion of projects until 2020 and of the geographical
scope of the TEN-T to include the new Member States.
The cost of the completion of the priority projects included in the proposal is estimated at
approximately EUR 220 billion by the year 2020.
This proposal amending the TEN-T guidelines goes hand in hand with a parallel proposal on the
financial aid for the development of the network, which is designed to increase the level of
Community participation in specified projects up to 30% while suggesting a series of new funding
mechanisms, including ways of attracting larger participation by the private sector.
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9.X.2003
AVIATION
AIR SERVICES AGREEMENTS BETWEEN MEMBER STATES AND THIRD
COUNTRIES
The Council reached political agreement on the draft Regulation establishing Community rules for
the negotiation and implementation of air service agreements between third countries and Member
States. After final verification, this text will be adopted as the Council's common position on the
Regulation at one of its forthcoming meetings and sent to the European Parliament in accordance
with the codecision procedure.
The text agreed addresses many of the Parliament's concerns, as expressed in its first reading
opinion.
In order to ensure an appropriate Community framework for Member States' activities, the draft
Regulation provides that:
♦ before entering into negotiations, the Member State concerned must inform the Commission
of its intention and provide it with the relevant documentation. The Commission will inform
other Member States;
♦ before signing an agreement, the Member State will notify the Commission of the outcome of
the negotiations. If the agreement does not incorporate standard clauses agreed on by the
Member States and the Commission, the Member State may nevertheless be authorised to
conclude the agreement if the Commission, assisted by an advisory Committee of Member
States, determines that it does not harm the object and purpose of the Community's common
transport policy. The agreement can be applied provisionally pending the outcome of this
Community procedure;
♦ the draft Regulation also allows Member States, pending the conclusion of Community level
negotiations, to negotiate in parallel with third countries, subject to certain conditions;
♦ Member States will ensure the distribution of traffic rights among eligible Community
carriers on the basis of a non-discriminatory and transparent procedure.
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NEGOTIATIONS WITH THE UNITED STATES
The Council was briefed by Vice-President Loyola de Palacio on behalf of the Commission on the
first round of formal negotiations with the United States in the field of air transport which took
place in Washington on 1 and 2 October.
On 5 June 2003, the Transport Council adopted a Decision granting the Commission a mandate to
start negotiations on behalf of the European Community and its Member States with the United
States with a view to reaching an agreement in the field of aviation ("open aviation area"). The
Commission is conducting negotiations in consultation with a special committee appointed by the
Council.
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9.X.2003
SUBSIDISATION AND UNFAIR PRICING PRACTICES
The Council reached political agreement on the draft Regulation on the protection of European
industry against subsidisation and unfair pricing practices in the supply of airline services by third
country operators. After final verification, this text will be adopted as the Council's common
position on the Regulation at one of its forthcoming sessions. The common position will then be
sent to the European Parliament under the codecision procedure.
The text agreed on by the Council provides for the adoption by the Commission of protective
measures, on condition that:
(a) it is possible to establish the existence of subsidies or unfair pricing practices and injury to the
Community industry caused thereby, and that
(b) there is a Community interest calling for intervention. The assessment of the Community
interest will look at the impact of the measures on all the various interests, for example
balancing possible consequences for consumers or other interested parties against advantages
for the Community industry.
The draft Regulation lays down the procedure to be followed concerning initiation of proceedings,
investigation, provisional measures, termination of the procedure without measures and imposition
of definitive measures. Air service agreements with third countries that can be used to deal with
practices covered by this text will be given priority.
The Commission proposal which was adopted on 12 March 2002, should be seen in the context of
the difficulties facing the international aviation sector in recent times following 11 September 2001
terrorist attacks and the global slow-down in economic growth.
In the Commission's view, financial aid or "hidden subsidies" by third country governments to their
operators could have contributed towards creating a situation whereby Community carriers no
longer risk being able to compete internationally on a level-playing field. In response to this, the
Commission has put forward a proposal based on an approach adopted in 1986 in the maritime
sector and widely used in the trade in goods, to allow for specific measures to be taken against third
country carriers on a per carrier basis.
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9.X.2003
INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS –
Public deliberation
The Council reached political agreement on the draft Regulation on insurance requirements for air
carriers and aircraft operators flying within, into, out or over the territory of the Member States of
the European Union. After final verification, this text will be adopted as the Council's common
position on this Regulation at one of its forthcoming sessions. The common position will then be
sent to the European Parliament in the context of the codecision procedure.
This proposal incorporates in binding Community law various rules provided for under
international conventions and harmonises within the Community the requirements for air carriers
and aircraft operators on insurance cover for passengers, baggage, cargo and third parties. These
insurance requirements are without prejudice to the liability rules arising from international
conventions, Community law and national law. These are minimum requirements. Member States
may impose more stringent rules, for example in respect of the amount of obligatory insurance
cover for passengers.
Air carriers have traditionally been well covered against the loss of their aircraft and against
liability vis-à-vis passengers and third parties. The terrorist attacks in the United States on
11 September 2001 exposed the vulnerability of the air transport sector, with damage exceeding all
rational estimates up to that date. A few days after the events, insurance companies announced the
withdrawal or drastic reduction in "liability cover" for war and terrorism risks. This led to serious
doubts regarding the regulatory situation of air carriers which were unable to show that they had
adequate insurance cover.
In view of this market failure, Member States stepped in by guaranteeing certain insurance risks.
The informal ECOFIN Council on 22 September 2001 established guidelines for such national
guarantee schemes, which were subsequently endorsed by the Transport Council on
16 October 2001. The special treatment of the schemes under the Community state aid rules, which
was extended several times, came to an end on 31 October 2002.
Against this background and in order to restore the balance in the insurance market, the
Commission put forward a proposal for a Regulation on insurance requirements for air carriers and
aircraft operators.
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INLAND TRANSPORT
SAFETY REQUIREMENTS FOR TUNNELS
The Council agreed on a general approach to the draft Directive establishing minimum safety
requirements for tunnels in the Trans-European Road Network. It requested that the Permanent
Representatives Committee continue, upon receipt of the European Parliament's Opinion, to
examine the draft Directive on the basis of Council's general approach so as to enable the Council to
adopt its common position in the near future.
This draft Directive aims at preventing serious accidents that endanger human life and the
environment and which damage tunnel installations and reducing the possible consequences of
tunnel accidents by guaranteeing, for example, efficient action by emergency services. These
objectives would apply to new and existing tunnels over and above 500m in length in the
Trans-European Road Network (TERN).
The general approach agreed on by the Council introduces the following main changes to the
Commission's initial text:
The specific safety tasks and the organisation of the distribution of tasks and responsibilities of
administrative bodies or institutions have been simplified and made more flexible;
The systematic tunnel classification proposed by the Commission has been replaced by a list of
individual minimum safety requirements while the system for assessing the necessary safety
measures is more tailor-made for each individual tunnel;
It is proposed that "limited deviations" from the minimum tunnel safety requirements be
allowed although they should be justified on imperative grounds while the alternative
risk-reducing measures should at least ensure an equivalent level of safety. The suggested
"limited deviations" will be reviewed by a Committee.
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ROAD INFRASTRUCTURE CHARGING – Public deliberation
The Council took note of the presentation by Vice-President Loyola de Palacio of the Commission's
proposal on a charging system for road transport infrastructure use. It asked the Permanent
Representatives Committee to start its examination forthwith.
The Commission adopted this proposal last July seeking to align national systems of tolls and road
use charges on the basis of common principles. This legislative proposal which amends the
Eurovignette Directive (1999/62/EC) is aimed at ensuring equal treatment of operators on the road
networks covered and at promoting charging systems in which the costs relating to infrastructures
are passed on to transport users.
The Commission's proposal offers a framework that will enable Member States to establish a
charging system for heavy goods road vehicles above 3.5 tonnes based on recovering infrastructure
costs and the uncovered costs of accidents but which may vary depending on a number of other
factors such as the distance travelled, the place, the characteristics of the vehicle (including its
polluting effect), the time of day and the level of congestion on the roads concerned.
The proposed framework covers the Trans-European road network and other parts of the primary
road network. In accordance with the principle of subsidiarity, Member States remain free to apply
tolls on roads not covered by the proposed directive provided that they comply with the rules and
principles laid down in the Treaty.
Under the proposed Directive, any revenue gained by the Member States, should be spent on the
transport sector. This would include the possibility of cross-financing infrastructures that provide an
alternative to road transport. To that end, the Commission's proposal lays down that any revenue
from a charging system must be ploughed back into road infrastructures and into the transport
sector as a whole, taking due account of the balanced development of transport networks.
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OTHER BUSINESS
– GALILEO
During lunch Ministers discussed with Vice-President Loyola de Palacio the progress reached in the
contacts with third countries, including the Commission's recent proposal for a Council decision on
the signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) -
GALILEO between the European Community and its Member States and the People's Republic of
China.
– INLAND WATERWAYS
The Council took note of the Netherlands delegation's note, supported by other delegations, on the
implementation and development of a Pan-European River Information Services (RIS). The
Commission said it intended to submit a proposal on this matter by the end of the year.
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ITEMS APPROVED WITHOUT DEBATE
MARITIME TRANSPORT
Seafairing training*
(Doc. 11512/03)
The Council decided to approve all the amendments contained in the European Parliament's
Opinion at first reading on the draft Directive on the minimum level of training of seafarers. The
Council will adopt the Directive at a forthcoming meeting.
This legislative proposal aims at simplifying the recognition of certificates by introducing a
centralised and harmonised procedure for Community-wide recognition of third countries
complying with the STCW 4 Convention and establishing a specific procedure for the withdrawal of
recognition as well as for the monitoring on a regular basis of third countries' compliance with the
STCW Convention.
ENVIRONMENT
Measurement of carbon dioxide emissions and fuel consumption of N1 vehicles*
(Docs. 12901/03 - 5997/03)
The Council adopted a Common Position with a view to the adoption of a Directive amending
Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide
emissions and fuel consumption of N1 vehicles.
The proposal aims to amend Directive 80/1268/EEC, as last amended by Directive 1999/100/EC, in
order to extend its scope to include N1 vehicles (light commercial vehicles). To date it has only
applied to M1 vehicles (passenger cars) and introduces harmonised mandatory requirements for the
measurement of carbon dioxide and fuel consumption of N1 vehicles. It is therefore a first
prerequisite to enable, monitor and evaluate possible fuel economy-related measures for
N1 vehicles in the EU. This legislation should also improve the information available to consumers
or prospective buyers.
The Common Position which is, broadly in line with the Commission proposal was unanimously
adopted by the Council. The main changes to the Commission proposal were the introduction of a
vehicle family concept and the changes to the dates of transposition and of entry into force of this
Directive.
4
Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW Convention),
as revised in 1995; all Member States are Parties to that Convention.
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AGRICULTURE
Foodstuffs *
(Docs. 12227/03 + add 1, 3644/03)
The Council adopted by a qualified majority – the United-Kingdom delegation abstained – a
Regulation on smoke flavourings used or intended for use in or on foods.
Under the codecision procedure, the European Parliament gave its first reading Opinion in June
2003 adopting amendments corresponding to the changes proposed by the Council. They include
the deletion of the Annex to the Regulation regarding the traditional smoking methods and natural
reserves of woods for the production of smoke and provisions on public access to documents
regarding the European Food Safety Authority (EFSA).
The objective of the initial proposal was to establish Community procedures for the safety
assessment and the authorisation of smoke flavourings intended for use in or on foods in order to
ensure a high level of protection of human health and protection of consumers' interests and to
ensure fair trading practices.
The proposal aims to establish a safety assessment and authorisation procedure for primary smoke
condensates and primary tar fractions which can be used as such in and on foods and/or for the
production of derived smoke flavourings. The primary products for which no health concern is
expressed during evaluation and their conditions of use will be included in a positive list of products
authorised to the exclusion of all others in the Community.
It is proposed that authorisations be restricted to a period of 10 years after which they will have to
be renewed. This provision ensures that products are regularly re-assessed in the light of the latest
scientific and technical knowledge and that authorised products that are no longer used are removed
from the Community positive list. Anyone applying for authorisation of a primary product, must
provide detailed information on production methods and on the further steps to be taken in the
production of derived smoke flavourings, the intended uses in or on specific food or food
categories, chemical specifications, toxicological studies and recognised methods for sampling and
detecting primary products and derived smoke flavourings. The evaluation will be carried out by the
European Food Safety Authority according to a specific time-limit and on the basis of transparent
procedures.
The Authority must inform the Commission and the Member States of the receipt of an application
and provide a summary or the full dossier. If requested by the applicant, sensitive data must remain
confidential.
The United Kingdom delegation issued a statement expressing its concerns about the legal basis for
the Regulation – qualified majority based on the approximation of laws (Article 95) rather than
unanimity (Article 308) – concerning the authorisation procedure.
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