Transport Council (Hansard, 9 July 2001)

§ Mr. Spellar

The Transport Council met in Luxembourg on 28 June. I represented the United Kingdom, together with Sarah Boyack MSP, Minister for Transport in the Scottish Executive.

The Council opened with debates on a number of maritime issues.

A common position was adopted on the draft regulation putting into Community law the recent agreement reached in the International Maritime Organization (IMO) on the accelerated phasing in of double hull oil tankers.

The Council reached a common orientation on a draft directive which seeks to improve controls on shipping movements, notably for vessels with hazardous cargoes. Two outstanding issues were debated. Firstly, the Commission introduced a new proposal giving a precise timetable for the retrofitting of Voyage Data Recorders (VDRs) to cargo vessels if no agreement was reached in the IMO. I was among Ministers unable to accept such a precise text. On the second issue, that of restrictions on ships leaving port in exceptionally bad weather or sea conditions, I joined others in expressing concern that legal uncertainties could arise. I also sought to clarify that a member state could only enforce reporting requirements on vessels in areas where it had jurisdiction in international law. A revised text was produced on which Ministers were able to reach common orientation, although I maintained a reserve on the VDR text.

Common approaches were agreed for member states to negotiate in the IMO on the retrofitting of VDRs to cargo vessels, and in the International Oil Pollution Compensation Fund (IOPCF) on an increase in the limits for compensation to be paid in cases of major oil spills.

A common orientation was also agreed on a draft directive on the harmonisation of reporting formalities for ships. The aim of the proposal is to simplify procedures for ships arriving at and departing from Community ports, through the acceptance of a common set of IMO forms.

The French Minister, Jean-Claude Gayssot, and I presented a joint proposal urging the Community to bring into force a number of International Conventions relating to marine liability and compensation and pollution from ships. We had, prior to the Council, jointly signed a letter on this issue to our EU counterparts.

The Commissioner reported on the principal elements of the forthcoming White Paper on a strategy for the Common Transport Policy. She hoped that the White Paper would be adopted soon. It is expected to outline 323W some 60 separate measures to address traffic congestion, increased mobility and demand, and sustainable development.

Council Conclusions were adopted on the Galileo satellite navigation project. I joined other Ministers in noting that more work was needed on the selection of services, the cost-benefit analysis and the securing of private sector finance. The Commission on also presented a draft regulation on management of the development phase of Galileo by a joint undertaking.

Over lunch, there was a discussion of the Commission's Single European Sky proposals, aimed at improving air traffic management in Europe and reducing delays.

The Council discussed aircraft noise issues. The Commission reported on ongoing discussions with the US on hushkits, and said that, subject to developments at the General Assembly of the International Civil Aviation Organisation (ICAO) in September, a proposal would be brought forward to replace the Hushkits Regulation.

The Presidency presented a progress report on the proposed regulation to establish a European Aviation Safety Agency (EASA). It sought agreement on two of the outstanding questions: coverage of third country aircraft, and the mechanism to appoint the Executive Director. The Council agreed that the Commission should bring forward proposals on application to third country aircraft, where justified, as part of future work on essential requirements for airline operations. The Council accepted that the executive Director of the EASA should be appointed by four-fifths majority of the Management Board, on the basis of a proposal by the Commission. There will be further discussion under the Belgian Presidency, notably on institutional aspects.

The Council discussed an amendment to Regulation 2027/97 on air carrier liability, and political agreement was reached on a common position. The amendment will have the effect of increasing the levels of carriers' liability to passengers. The Council has already signed the Montreal Convention, with a view to ratification, and the two measures together significantly strengthen the protection afforded to air passengers in the Community.

The Council agreed Conclusions affirming the voluntary agreements reached with airlines on air passenger rights.

There was a progress report from the Commission on proposals to update the state aid rules and procurement procedures for public transport services by rail, road and inland waterway. The Commission indicated that there were difficulties in agreeing the proposal. Sarah Boyack noted the United Kingdom's support for the general principle of the regulation, but pointed out that its application to traditional and complex underground railway systems needed careful reflection.

There was also a progress report on a draft directive on training of professional drivers for the carriage of goods or passengers.

The Commission presented its proposals on three issues in the "road package": an amendment to Directive 91/439 on driving licences; an amendment to Regulation 3820/85 on drivers' hours; and an amendment to Directive 92/6 on 324W the use of speed limitation devices, extending compulsory fitting of them to vehicles above 3.5 tonnes. No decisions were taken.

Under other business, the Commission presented a new proposal on airport slot allocation. It also reported on the implementation of the package of rail transport measures adopted by the Council last year, noting its intention to propose a second package of measures, including a directive on rail safety regulation and the establishment of a European Rail Agency. Also under other business, the Commission reported on progress in aviation negotiations with Central and Eastern European countries and with Cyprus; co-operation with Euro-Mediterranean partners on transport and energy; and discussions with Russia on the issue of charges imposed for Siberian overflights.