13 Amendments of Daniel BUDA related to 2015/0135(NLE)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas the aim of the 2010 HNS Convention is to provideensure accountability and the payment of adequate, prompt and effective compensation for loss or damage to persons, property and the environment arising from the carriage of hazardous and noxious substances by sea through the specialised International HNS compensation Fund;
Amendment 2 #
Motion for a resolution
Recital B
Recital B
B. whereas therefore on the one hand it aims to provide for the polluter pays principle and for the principles of prevention and precaution to the effect that preventive action should be taken in case of possible environmental damage, and thus falls within the Union policy onand general principles regarding the environment, and on the other hand it aims to regulate issues arising from damage caused by maritime transport, as well as to prevent and minimise such damage, and thus falls within the Union policy on transport;
Amendment 3 #
Motion for a resolution
Recital C
Recital C
C. whereas according to the Commission proposal (COM(2015)0304), the conclusion of the 2010 HNS Convention would affectthus overlap with the scope andof the rules of the Environmental Liability Directive;
Amendment 4 #
Motion for a resolution
Recital D
Recital D
D. whereas the 2010 HNS Convention overlaps in scope with the Environmental Liability Directive in so far as environmental damage caused to the territory and marine waters under the jurisdiction of a state party, damage by contamination of the environment caused in the EEZ or equivalent area (up to 200 nautical miles from baselines) of a state party and preventive measures to prevent or minimise such damage are concerned;
Amendment 5 #
E. whereas the 2010 HNS Convention establishes strict liability of the shipowner for any damages resulting from HNS carriage by sea covered by the Convention as well as the obligation to take out insurance or other financial security to cover his liability for damage under the Convention, prohibiting for that purpose any other claim being made against the shipowner except in accordance with the said Convention (Article 7(4)(5));
Amendment 6 #
Motion for a resolution
Recital G
Recital G
G. whereas thus the ELD excludes from its scope of application environmental damages or imminent threats of such damages which are covered by the 2010 HNS Convention once the latter enters into force, unless all Member States ratify or accede to the 2010 HNS Convention within the same timeframe, there will beis a risk that the shipping industry be subjected to two different regimes at the same time, an EU one and an international one, which could also create a disparity for the victims of pollution, such as coastal communities, fishermen, etc. and would also be against the spirit of the 2010 HNS Convention;
Amendment 8 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the basic principles underlying International Maritime Organisation conventions also provide the basis for the 2010 HNS Convention; these principles are: strict liability of the shipowner, mandatory insurance to cover damages to third parties, a right of direct recourse of persons suffering damages against the insurer, limitation of liability and, in the case of oil and Hazardous and Noxious Substances (hereinafter referred to as 'HNS'), a special compensation fund that pays for damages when these exceed the liability limits of the shipowner;
Amendment 9 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas it is in the interest of the Union as a whole to have a homogenous liability regime applicable to damage arising from the carriage of HNS at sea;
Amendment 11 #
(i) RGuarantee respect for the principle of conferral of EU competences under Article 5(1) TEU and the settled case law of the Court of Justice which provides that "the choice of legal basis for a Community measure must rest on objective factors amenable to judicial review, including in particular the aim and the content of the measure"1; _______________ Judgment of the Court of Justice of 19 July 2012, European Parliament v Council of the European Union, C-130/10, ECLI:EU:C:2012:472, paragraph 42.
Amendment 12 #
Motion for a resolution
Paragraph 1 – point iv
Paragraph 1 – point iv
(iv) Pay increased attention in this regard to the overlap between the Environmental Liability Directive and the 2010 HNS Convention in so far as environmental damage caused to the territory and marine waters under the jurisdiction of a state party, damage by contamination of the environment caused in the EEZ or equivalent area (up to 200 nautical miles from baselines) of a state party and preventive measures to prevent or minimise such damage (preventive measures, primary remediation, and complementary remediation) are concerned;
Amendment 13 #
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) MinimiseEnsure that the possibility for a conflict between the Environmental Liability Directive and the 2010 HNS Convention is minimised by taking all appropriate action to ensure that the exclusivity clause under Article 7(4) and (5) of the 2010 HNS Convention, whereby no other claim can be made against the shipowner except in accordance with the said Convention, is fully respected by the ratifying or acceding Member States in accordance with Article 4(2) and Annex IV of the Environmental Liability Directive;
Amendment 14 #
Motion for a resolution
Paragraph 1 – point vi
Paragraph 1 – point vi
(vi) Diminish also the riskEnsure that the risk is diminished of creating and consolidating a competitive disadvantage for the states that are ready to accede to the 2010 HNS Convention, compared to those who might wish to delay this process and continue to be bound by the ELD only;
Amendment 15 #
Motion for a resolution
Paragraph 1 – point vii
Paragraph 1 – point vii
(vii) AvoidEnsure the removal of the permanent co-existence of two maritime liability regimes - an EU- based one and an international one - which would result in the fragmentation of EU legislation and, moreover, compromise the clear channelling of liability and could lead to lengthy and costly legal proceedings to the detriment of victims and the shipping industry;