Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-02-11-Speech-3-279"

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"en.20040211.11.3-279"2
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"Mr President, there was unanimous agreement on Mr Robles' recommendation on the part of the committee members, which is why we are encouraging him to go further. The system of liability under the two international conventions is a multiple system. Apart from subjective liability, which does not operate in practice, we have the objective liability of the shipowner, with compensation capped at EUR 72 million, and the supplementary liability of the fund in the event that the shipowner is unable to pay or the above sum is exceeded, which has been amended from EUR 92 to 250 million. The extensive damage following the accidents involving the and the proved the inadequacy of the compensation provided for. Thus, in December 2000, efforts were made, following a proposal by the Commission, to set up a European supplementary fund for damage in European waters. This liability would also be supplementary because the obligation to pay compensation would apply if there was no compensation from the funds. Although this proposal was approved by the European Parliament, it was rejected by the Council. By a happy coincidence, we know that, in May 2003, the protocol for the establishment of the International Fund for Compensation was adopted, with compensation capped at EUR 1 billion. This is again a supplementary fund. Given that no Community rules have been adopted to regulate the question of compensation for damage from oil spills, the Council decision to accede to the protocol must be seen by all of us as a particularly positive action. That is why the European Parliament, without reservations, must give its assent, with Article 200, paragraph 3 of the Treaty as the legal basis. It should be noted that there is exclusive jurisdiction on matters regulated by the protocol for the supplementary fund. In all events, there is no clash with Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments, because the protocol is based on the existing regime in the 1992 Convention. It is clarified that this is not accession by the European Union itself, but authorisation to the Member States to ratify the protocol. The rapporteur rightly points out that this must be done as quickly as possible, even before June this year. We hope that, in future negotiations, the possibility will be provided for the Community to become a contracting party to the protocol. There is no such provision today."@en1
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