DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT
Directorate D - Logistics, maritime & land transport and passenger rights
D.1 - Maritime transport & logistics
Brussels,
MOVE D1/JS D(2012)
DraftReport
Directive 2010/65/EU
On reporting formalities for ships arriving in and/or departing from ports
FiftheMS expert group meeting
Thursday,12July 2012
Participants:see Annex
1-2. Approval of the agenda and the 4nd meeting report
The meeting was chaired by, Magda Kopczynska, Head of unit "Maritime Transport.
The draft agenda was approved.
The 4th meeting report was approved with a modification specifying that the Security BRs are approved already by MARSEC while the Waste BRs have been presented to COSS committee.
3. Single Window and data flow definition
The SW document was presented by the Commission for discussion and possible validation. During the meeting, number of changes with wording was proposed which received general support. Number of experts proposed to add a symbol for optional bilateral links between the MSs to the conceptual drawing. The Commission asked that the modified document would be validated in the next eMS meeting. The Commission emphasised any possible comments should be send well in advance so that the Commission, or the other experts, would have time to react, if necessary.
The Chair proposed to update the document considering the proposals made by the MS and to submit it to the next meeting. The eMS group was requested to provide comments on the updated version of the document before the next eMS group meeting.
4. Waste and Security business rules
Both business rules were presented by EMSA for validation. Following comments were received:
- Waste BR – legal basis for the rules 10, 12 were questioned, particularly the reference to the central SSN. These rules are talking about the transmission and exchange of the waste information in accordance with the directive.
- It was agreed to remove the word "central" from the BR10 of the Waste notification BRs. The document was validated with the agreed.
- Security BR – A request was made that the wording in the BR1 would be changed in such a way that a MS could request the security notifications to be submitted to the NSW also for domestic voyages.
- It was agreed that the wording of the BR1 of the Security message is changed to "There is no need submit security notification for ships engaged in domestic voyages though NSWs, unless otherwise provided." The document was validated by the eMS group with the agreed change. The changed document needs to be validated bythe MARSEC group by D4 (written procedure).
The eMS group validated the business rules of the waste and the security messages (the latter with a small changed mention in point d above; however the rules will befinal upon the validation by MARSEC).
5. Business rules related topics
5.1 Clearance functionalities
EMSA presented the document 5.1 – Clearance and other functionalities – and pointed out that agreeing on these functionalities would increase the harmonisation on procedures.
The paper was welcomed by the experts. Particularly the proposal 3a – including clearance and warning functionalities on the national level – was considered being worth to explore. However, a need for legal assessment was mentioned.
The eMS group agreed to include the clearance functionalities (especially those developed at national level) and asked that the Commission/EMSA to further analysed the issue from legal, technical and business perspectives.
5.2 Information exchange model
The paper 5.2 on Information Exchange Modal was presented by EMSA and opened a discussion on where the messages should be stored.
The current SSN is a mixed info model where some of the information is stored in the central level.
Experts expressed very different views, for and against, on this topic. Business analysis was generally considered necessary before any decisions could be taken.
The eMS group agreedfor the MS experts and EMSA to organise a correspondence group to work further and present a more detailed proposal to next eMS meeting.
5.3 Management of waste exemptions
During the waste subgroup discussions it was noted that the Waste exemptions are not part of the RFD, only the notification. This could cause some confusion on the completeness of the information submitted. However, the subgroup considered not having a mandate to work on this topic.
The Commission, together with EMSA, is currently studying this issue in the context of the implementation of the RF directive and the possible revision of the Port Reception Facilities directive.
6. Subgroup status
6.1 General Maritime
Two General Maritime subgroup meetings has been organised so far. More information is still needed on the use of FAL forms and national reporting requirements. The Commission will send a letter to the MSs requesting information on the category B and C items.
EMSA will work by correspondence with the General Maritime subgroup with the objective to draft the business rules. Next General Maritime subgroup meeting will be back-to-back with the general eMS meeting, on 3 October.
6.2 Customs
On the context of BlueBelt and the implementation of the RFD; DG MOVE and TAXUD are discussing whether there could be an opportunity to simplify the customs procedures for the vessels which have left and returned the EU Customs territory without calling to the third country ports. This would help to create a true single market for the EU goods transported by ships. Vessel tracking, cargo declaration, electronic cargo manifest, customs implementation code, etc. will be the key elements.
This will be discussed in the next eMS Customs subgroup meeting which will be organised together with DG TAXUD (Update: this meeting is expected to take place in October).
6.3 Border Control
The revision of the Schengen Border Code is currently being discussed in the EP and the Council. The revised SBC would be fully in line with the RFD. Before the revision is adopted, there could be an issue with the wording of the current SBC which states that the passenger and crew lists should be send to the competent border authorities.
The Commission will ask a legal opinion on this.
6.4 Health
The Health sub-group is established by the eMS group in view to define the business rules for providing electronically the Maritime Health Declaration from ships arriving in or departing from ports of the Member States to the National Single Window, and for exchanging this information at EU level via SSN.
The group shall be composed of limited number of experts representing of both sectors (maritime and health) with the support of SHIPSAN networks and of the Executive Agency for Health and Consumers (EAHC) plus the Commission and EMSA. Each country or organisation participating in the eMS group has the right to nominate members of the Health sub-group. Due to the budgetary and practical reasons Commission maintains the right to limit the size of the groups if necessary.
A separate invitation email with the mandate will be send by the Commission to the eMS group.
7. The Info Day on single window projects
The Commission gave a brief summary on the MIELE and eFreight - eMAR data exchange and single window projects, which were presented on the previous day in the Info Day organised for this purpose. These and other similar projects are can be contributing to the implementation work of Reporting formalities directive. However, it should be noted that the deliverables of these projects are not alternatives to the specifications produced within the eMS group. Nevertheless, the Commission encourages the eMS group, and possible other projects supporting the work of the eMS, to use the findings and resources of these projects where found useful.
8. Planned TEN-Т project update
The Consortium coordinator Mr P. Verbakel gave an update on the status of the preparation of the Consortium for the coming TEN-T call on the electronic information system in the maritime transport sector. Mr Verbakel presented the pilot projects master plan.
TEN-T Executive Agency informed that the call is likely to be opened by the end of November – beginning of December and closed at the end of January.
9. The Roadmap
The Commission presented the updated roadmap (available in the CircaBC).
10. AOB
Transposition situation
There is still number of MSs which have not transposed the directive. Any MS which has not communicated the Commission on the full transposition through the official Secretariat General system will receive automated formal notification asking an explanation within two months.
Question on FAL and IMO
The Commission is participating to the work of both, FAL and NAV, committees. In FAL 37 the Commission made a speaking note in the plenary session, in which it listed the key elements of the directive, establishment of the eMS expert group and the key milestones foreseen for the implementation. This note was also fully included to the final report of FAL 37. The Commission is planning to present info papers on the implementation in the next FAL and NAV meetings, which will take place in April and September 2013.
Save the date: the Commission is planning to organise the first annual eMaritime conference in 22-23 November.
Next eMS meeting: 04 October in Lisbon.
ANNEX
Attendance list 5th eMS meeting, Brussels 12 July 2012
VERZIJDEN / Trijntje / NL / Ministry of Infrastructure and the Environment
MAEKELBERG / Yves / BE / Agency for maritime and costal services
BODIAUX / Pierre / BE / Federal Public Service Mobility and Transport
MICHALAK / Agnieszka / PL / Ministry of Infrastructure
CARVALHO / Joao / PT / IPTM Ministry of Economy
CID / Heloisa / PT / IPTM DSAS - DAP
AHL / Martin / DK / Danish Maritime Authority
ABELA / Charles / MT / Transport Malta
BICKOVS / Deniss / LV / Latvian Coast Guard Service
KAUPAS / Aleksandras / LT / Klapeida State Seaport Authority
READ-LEAH / Michael / UK / Department for Transport
HOULIHAN / Greg / IE / Irich Maritime Administration
NYMAN / Sirkka-Heleena / FI / Ministry of Transport and Communications
ZUESONGDHAM / Phanthian / DE / Hamburg Port Authority
CALLSEN-BRACKER / Hans-Heinrich / DE / Bundesministerium, Germany
BRUNET / Werner / DE / German federal waterway and shipping andimistration
BELYOVSKI / Simeon / BG / Bulgarian Ports Infrastructure company
NATOVA / Anna / BG / Bulgarian Maritime Administration
GIONFRIDDO / Marco / IT / Italian Coast Guard
DI GUARDO / Daniele / IT / Italian Coastguard
DOGLIANI / Mario / IT / RINA
ANDERSSON / Ulf / SE / Swedish Maritime Administration
SUNDKLEV / Monica / SE / Swedish Transport Agency
DUCHESNE / Philippe / FR / Ministry of Ecology and Transport
KOLETSIS / Nikolaos / EL / Transport attaché
FRAILE / Javier / ES / Portel
GARCIA / Pedro / ES / Portel
PRICOP / Laurentiu / RO / Romanian Naval Authority
ZANFIR / Laurentiu / RO / Romanian Naval Authority
GREGORY / Kevin / ESPO
GUND / Stephan / EPCSA
MORTON / Richard / EPCSA
BANAS / Dimitrios Michail / ECSA
GYNGELL / Jenny / BMT
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