27-28.III.2003

C/03/90

Brussels, 27-28 March 2003
7685/03 (Presse 90)

2499th Council meeting
- TRANSPORT, TELECOMMUNICATIONS AND ENERGY -
Brussels, 27-28 March 2003

Presidents:
Mr Georgios ANOMERITIS, Minister for Mercantile Marine
Mr Christos VERELIS, Minister for Transport and Communication
Mr Manolis STRATAKIS, State Secretary for Transport and Communication of the Hellenic Republic

CONTENTS[1]

PARTICIPANTS 5

ITEMS DEBATED

TELECOMMUNICATIONS

European Network and Information Security Agency 7

Re-use and commercial exploitation of public sector documents 7

MODINIS 8

Electronic communications in Europe 8

e-Europe 2002 Final Report 8

World Summit on Information Society (WSIS) 9

TRANSPORT

MARITIME TRANSPORT

Maritime security 9

Accelerated phasing in of double hull or equivalent design requirements for single hull oil tankers 10

Ship-source pollution 11

Minimum level of training of seafarers 12

INTERMODAL QUESTIONS

GALILEO 12

– State of play on existing negotiations and contacts with third countries 12

– Agreement with China on the development of GNSS 12

– Communication on the integration of EGNOS 12

AVIATION

Effects of the war in Iraq on the aviation sector 13

External relations in the aviation sector 14

UNFAIR PRICING PRACTICES 15

Safety of third countries aircraft using community airports 15

INLAND transport

Ecopoint system 15

Second railway package 16

Tunnel Safety 18

other business

– Civil liability regime and compensation arrangements in the event of oil pollution 18

– Protection of particularly sensitive areas 18

– Liberalisation of transport services in relation with the GATS negotiations 19

– 50th anniversary of the ECMT (European Conference of Ministers of Transport 19

ITEMS APPROVED WITHOUT DEBATE

EXTERNAL RELATIONS

–  Restrictive measures against Al–Quaida and the Taliban – Exceptions I

–  Relations with Poland - new mutual agricultural concessions I

–  Relations with Romania - regional aid map I

TRADE POLICY

–  Anti–dumping – Unalloyed magnesium from China II

DEVELOPMENT CO–OPERATION

–  European Development Fund – Financial Regulation* II

–  Technical Centre for Agricultural and Rural Co–operation – staff regulations * II

HEALTH

–  Advertising and sponsorship of tobacco products * III

APPOINTMENTS

–  Committee of the Regions III


DECISIONS ADOPTED BY WRITTEN PROCEDURE

INTERNAL MARKET

–  Public procurement procedures * IV

ECOFIN

–  Directive on prospectuses * IV


PARTICIPANTS

The Governments of the Member States and the European Commission were represented as follows:

Belgium:
Mr Rik DAEMS / Minister for Telecommunications and Public Undertakings, with responsibility for Small and Medium-Sized Businesses, the Liberal Professions and the Self-Employed
Ms Isabelle DURANT / Deputy Prime Minister and Minister for Mobility and Transport
Denmark:
Mr Flemming HANSEN / Minister for Transport and Minister for Nordic Cooperation
Mr Claus GRUBE / Deputy Permanent Representative
Germany:
Mr Manfred STOLPE / Federal Minister for Transport, Building and Housing
Mr Ralf NAGEL / State Secretary, Federal Ministry of Transport, Building and Housing
Mr Peter WITT / Deputy Permanent Representative
Greece:
Mr Georgios ANOMERITIS / Minister for Mercantile Marine
Mr Christos VERELIS / Minister for Transport and Communications
Mr Manolis STRATAKIS / State Secretary for Transport and Communications
Spain:
Mr Francisco ALVAREZ-CASCOS FERNANDEZ / Minister for Internal Development
Mr Carlos LOPEZ BLANCO / State Secretary for Telecommunications and the Information Society
France:
Mr Gilles de ROBIEN / Minister for Infrastructure, Transport, Housing, Tourism and the Sea
Mr Dominique BUSSEREAU / State Secretary to the Minister for Infrastructure, Transport, Housing, Tourism and the Sea, with responsibility for Transport and the Sea
Mr Christian MASSET / Deputy Permanent Representative
Ireland:
Mr Dermont AHERN / Minister for Communications, Marine and Natural Resources
Mr Séamus BRENNAN / Minister for Transport
Italy:
Mr Pietro LUNARDI / Minister for Infrastructure and Transport
Mr Maurizio GASPARRI / Minister for Communications
Mr Lucio STANCA / Minister without Portfolio, Minister for Innovation and Technology
Luxembourg:
Mr François BILTGEN / Minister for Labour and Employment, Minister for Relations with Parliament, Minister for Religious Affairs, Minister with responsibility for Communications
Mr Henri GRETHEN / Minister for Economic Affairs, Minister for Transport
Mr Christian BRAUN / Deputy Permanent Representative
Netherlands:
Mr Roelf de BOER / Minister for Transport, Communications and Public Works
Mr Henne J.J. SCHUWER / Deputy Permanent Representative
Austria:
Mr Herbert GORBACH / Federal Minister for Transport, Innovation and Technology
Portugal:
Mr Luis VALENTE de OLIVEIRA / Minister for Public Works, Transport and Housing
Ms Dulce FRANCO / State Secretary attached to the Minister for Economic Affairs
Finland:
Mr Kimmo SASI / Minister for Transport and Communications
Sweden:
Ms Ulrica MESSING / Minister at the Ministry of Industry, Employment and Communications, with responsibility for Infrastructure
United Kingdom:
Mr John SPELLAR / Minister of State for Transport
Mr Stephen TIMMS / Minister of State for E-Commerce and Competitiveness
* * *
Commission:
Ms Loyola DE PALACIO / Vice-President
Mr Erkki LIIKANEN / Member


ITEMS DEBATED

TELECOMMUNICATIONS

European Network and Information Security Agency

Public deliberation

The Council has taken note of the presentation by Commissioner Liikanen of the proposal for a Regulation establishing the European Network and Information Security Agency.

It is recalled that in response to the increasing information security problem, and against the background that the current institutional arrangements do not allow network and information security to be addressed at European level, the Commission proposed to establish a European regulatory agency. According to the proposal, the assistance it provides should help ensure interoperability of information security functions in networks and information systems, thereby contributing to the functioning of the Internal Market.

The agency would provide assistance to the Commission and to national regulatory authorities. As there is also need for international co-operation, the agency would provide support for the Community contacts with relevant parties in third countries.

Re-use and commercial exploitation of public sector documents

Public deliberation

The Council agreed the text on the proposal for a Directive on the re-use and commercial exploitation of public sector documents. After final verification, this text will be adopted as the Council's common position on the Directive at one of its forthcoming sessions.

It is recalled that in making the proposal the Commission has drawn attention to the economic potential of public sector information given the possibilities provided by information technology to combine data taken from different sources to create added value products and services. The Commission's analysis is that legal uncertainty and divergent regulation between Member States act as barriers to the development of cross-border information products and thereby contribute to a fragmented and under-developed European market for digital content.

The proposed Directive contains a minimum set of common rules intended to ensure that, in relation to the re-use of public sector information, the same basic conditions apply to all players in the European information market, that more transparency is achieved on the conditions of re-use and that unjustified market distortions are removed. The degree of harmonisation proposed is relatively modest, leaving intact national rules governing access to public information as well as the level of data protection in place in Member States.


MODINIS

Public deliberation

The Council reached political agreement on the text of the proposal for a Decision adopting a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination of good practices and the improvement of network and information security. After final verification, the text will be adopted as the Council's common position on this Decision at one of the forthcoming Council sessions.

It is recalled that the MODINIS programme, adopted by the Commission on 26 July 2002, provides for financial support to accompany the Member States' actions transforming the EU into a knowledge-based economy. MODINIS would follow on from the PROMISE programme, which expired at the end of last year. The eEurope action plan is aimed at contributing to the Lisbon European Council objective(March 2000) of making the EU the most competitive and dynamic knowledge-based economy by 2010, in particular with regard to developing the on-line economy and providing citizens with the access and skills needed to live and work in the information society.

Electronic communications in Europe

The Council took note of the information given both by the President and Commissioner Liikanen on the situation of the electronic communications in Europe, and welcomed in particular the Commission's Communication "Electronic Communication; the Road to the Knowledge Economy".

Moreover, the Council recalled the Spring European Council's Conclusions concerning the Information Society, addressed to the Member States, the Council and the Commission.

During a broad exchange of views, Ministers intervened, in particular, on issues such as :

- the state of implementation of the new common regulatory framework for electronic communications in the Member States;

- comprehensive broadband strategies for the future in the Member States including possibilities of collaboration between, on the one hand, Member States and, on the other hand, public and private sector on European, national and regional level;

- issues related to the deployment and use of 3G mobile communications, such as co-operation within the European Union in the development of applications and services

e-Europe 2002 Final Report

The Council was briefed by Commissioner Liikanen on the Communication on eEurope 2002 Final Report

It is recalled that the eEurope 2002 Action Plan was endorsed at the Feira European Council in June 2000 as part of the decade-long Lisbon strategy of economic, social and environmental renewal. The Action Plan set out 11 action areas in which there were a total of 64 targets to be achieved before the end of 2002.


According to the Commission Report, eEurope targets have been monitored regularly through the benchmarking exercise. Benchmarking forms part of the open method of co-ordination, promoted by the Lisbon European Council, whereby monitoring, exchange of best practices and peer review are applied to improve convergence of national performances towards the goals and targets for the Union set out in the Lisbon strategy.

The presented document highlights the achievements of eEurope and identifies remaining obstacles to the full development of the information society in Europe. In terms of realising the targets endorsed at the Feira European Council, eEurope has been a major success. Most of the 64 targets have been achieved.

The success is due to the contributions of many actors in the European Institutions, Member States, Industry and Social Partners. Its achievements are notable as they have been realised despite the difficulties of a sharp decline in the stock market, particularly in ICT stocks, high levels of debt, and subsequent reductions in investment. The goal of a competitive knowledge based economy is still some distance away, but eEurope has laid solid foundations.

World Summit on Information Society (WSIS)

The Council took note of information by the Presidency on the preparations of the WSIS and held a brief exchange of views highlighting the importance of this summit. The Presidency suggested to have a more detailed debate at the Council meeting in next June on the basis of a Communication, which the Commission engaged itself to present in May.

The WSIS is a formal UN Summit at level of Heads of State or Governments, which will be held in two sessions, namely in Geneva end 2003 and in Tunis in 2005. The summit results from an initiative by the International Telecommunication Union (ITU), further endorsed by a decision of the UN General Assembly. The EU has its own seat in the intergovernmental process of the summit, alongside the 15 Member States. Close co-ordination mechanisms are put in place in Brussels and Geneva.

TRANSPORT

MARITIME TRANSPORT

Maritime security

Public deliberation

The Council took note of the presentation by Vice President De Palacio on the main features of a future communication and proposal for a Regulation concerning maritime security measures.

The Council instructed the Committee of Permanent Representatives, upon reception of the Commission proposal, to initiate work so as to enable the Council to take a political decision thereon at its June session.


It is recalled that in the aftermath of the criminal acts committed in New York and Washington on 11 September 2001, the authorities of the United States of America have referred the matter to international fora, in this case the International Maritime Organisation (IMO).

Last December, the Diplomatic Conference on maritime security of the IMO decided on a set of measures enhancing maritime security on board ships and at ship/port interface areas. The most far-reaching of the measures adopted then is the new International Ship and Port Facility Security Code (ISPS Code).

It is now necessary to incorporate these measures into European legislation.

Accelerated phasing in of double hull or equivalent design requirements for single hull oil tankers

After an extensive debate on the draft Regulation aiming at an accelerated phasing in of double hull or equivalent design requirements for single hull oil tankers, the Council agreed a text, as its general approach, pending the European Parliament's opinion on the proposal in question. The Presidency will take contacts with the European Parliament with the aim of reaching an agreement in first reading in the co-decision procedure by the end of June 2003.

The text of the general approach includes, in particular,

§  the accelerated phasing-out calendar for both single hull ships calling at EU ports and flying an EU flag as follows:

1) for category (1) oil tankers:

2003 for ships delivered in 1980 or earlier,

2004 for ships delivered in 1981,

2005 for ships delivered in 1982 or later;

2) for category (2) and for category (3) oil tankers:

2003 for ships delivered in 1975 or earlier,

2004 for ships delivered in 1976,

2005 for ships delivered in 1977,

2006 for ships delivered in 1978 and 1979,

2007 for ships delivered in 1980 and 1981,

2008 for ships delivered in 1982,

2009 for ships delivered in 1983,

2010 for ships delivered in 1984 or later.

§  a waiver concerning the ships of categories (2) and (3) complying with the Oil Pollution Act (OPA-90) requirements which could continue their operations until 2015 or the date of their 25th anniversary, provided they comply with the Condition Assessment Scheme (CAS) after the age of 15 years;

§  a ban on the transport of heavy grades of oil in single hull oil tankers of 600dwt or more; a transitional period has been agreed for small ships between 600 and 5000dwt until 2008;