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JOINT COMMITTEE ON THE ENVIRONMENT, TRANSPORT, CULTURE AND THE GAELTACHT díospóireacht -
Tuesday, 8 Nov 2011

Scrutiny of EU Legislative Proposals

There are three EU legislative proposals for discussion. No. 1.1 COM (2011) 555 in members' EU briefing is a draft directive on the minimum level of training for seafarers. The Department of Transport, Tourism and Sport is the lead Department. This draft directive seeks to amend the existing EU directive on the training of seafarers, in line with recently updated international rules. Changes to international rules set out in the IMO's Convention on Standards of Training, Certification and Watchkeeping for Seafarers, STCW Convention, were adopted in Manila in 2010. This directive aims to incorporate the provisions of the Manila amendments into EU law and includes two additional requirements which are not part of the Manila amendments. These are an extension of the deadline for the Commission to recognise the systems of training and the certification of seafarers of third countries from three to 18 months, and the introduction of a requirement on member states to provide standardised information to the Commission for the purpose of statistical analysis. All member states, including Ireland, are party to the STCW Convention and all previous amendments to it have been transposed into EU law by means of directives.

While the transposition into EU law of standards already agreed to in the context of an international agreement is welcome, in its information note the Department of Transport, Tourism and Sport confirmed that some member states, including Ireland, have expressed reservations about the transmission of seafarer statistics and details to the Commission. Concerns are based on the view that systems to record and collate this data are not sufficiently well-developed and that there is insufficient assurance about the intended use of the data or the ownership of same after transmission.

It is proposed, in light of the concerns indicated by the Department of Transport, Tourism and Sport, that an update on the proposal should be requested for consideration by the committee in November-December to ascertain if the concerns have been adequately addressed. Is that agreed?

I suppose it is too late to bolt the door after the horse has bolted but does this put any extra onus on the trainers of the seafarers to upgrade? Would this disenfranchise people who are trained at present if they returned to do further training? Is that information contained in the directive?

I do not believe that was the implication. It is about creating a common standard across the European Union with regard to able seamen and new security training measures. Is that agreed? Agreed.

No. 2.1 COM (2011) 456 in the members' brief is a draft directive on recreation craft and personal water craft. This directive concerns the essential safety and environmental standards required in the design and manufacture of recreational water craft and their engines in order to place such craft on the market. The draft is aimed at further improving the environmental performance and protection of human health. This proposed directive is a recast of the existing directive and its amendments. The original directive is place since 1994 and has been amended a number of times. The directive applies to design and construction, exhaust and noise emissions. The directive also deals with the obligations economic operators, for example, manufacturers or importers, conformity assessment and the competences of national enforcement authorities. The Department of Transport, Tourism and Sport indicates in its information note that very limited implications are anticipated for Ireland and confirms that at this time this may impact on one water craft manufacturer in Ireland and that there are currently no propulsion engine manufacturers in the State. Are there any comments?

I have two questions. Does this directive place an obligation for retrofitting or is it a standard for new build? Will there be self-certification on the part of the manufacturers or is there an implication for enforcement of the measures? If so, who would undertake that?

There is an enforcement measure in place. Is that agreed? Agreed.

The last measure for consideration is already adopted. No. 3.1 COM (2006) 852 in the members' brief is a directive on the inland transport of dangerous goods. This directive establishes a common regime for all aspects of the inland transport of dangerous goods by road, rail and inland waterways within or between member states of the European Union. This directive brought together separate directives, implementing the provisions of three international UN-level agreements in regard to transport of dangerous goods. The directive is technical in that it simply transposes the EU international agreements with the annexes of the directive referred to in the text of these agreements. The relevant Departments in the information note indicate that compliance with such international obligations is essential and is welcomed by Irish industry in the context of facilitating free trade in such goods. Is that agreed? Agreed.

That concludes this meeting's consideration of EU legislative proposals. I propose we suspend the meeting to allow the witnesses for our next item to take their seats and that we recommence in public session to consider the issue of water provision.

Sitting suspended at 2.39 p.m. and resumed at 2.45 p.m.
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