13 Amendments of Daniel BUDA related to 2015/0136(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 Fcompensation fund;
Amendment 2 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the basic principles underlying International Maritime Organisation conventions, including the 2010 HNS Convention, 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 3 #
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 4 #
Motion for a resolution
Recital C
Recital C
C. whereas the 2010 HNS Convention contains rules on the jurisdiction of courts of state parties over claims made by persons suffering damage covered by the convention against the owner or its insurer, or against the HNS Fspecialised HNS compensatory fund, also containing rules on the recognition and enforcement of judgments by courts in state parties;
Amendment 5 #
Motion for a resolution
Recital D
Recital D
D. whereas according to the Commission proposal (COM(2015)0305), the conclusion of the 2010 HNS Convention would thus affectoverlap with the scope andof the rules of the recast of Brussels I Regulation;
Amendment 6 #
Motion for a resolution
Recital E
Recital E
E. whereas the recast of Brussels I Regulation allows for multiple grounds of jurisdiction, at the same time when Chapter IV of the 2010 HNS Convention establishes a very restrictive jurisdiction, recognition and enforcement regime in order to ensure a level playing field for claimants and ensure uniform application of the rules regarding liability and compensation;
Amendment 7 #
Motion for a resolution
Recital I
Recital I
I. whereas the ELD excludes from its scope of application environmental damages or imminent threats of such damages that are covered by the 2010 HNS Convention once the latter enters into force (Article 4(2) and Annex IV of the ELD);
Amendment 8 #
Motion for a resolution
Recital J
Recital J
J. 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 9 #
Motion for a resolution
Recital K
Recital K
K. whereas 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 legal 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 10 #
Motion for a resolution
Paragraph 1 – point ii
Paragraph 1 – point ii
(ii) Pay greater attention in this regard to the overlap between the recast of Brussels I Regulation and the 2010 HNS Convention in so far as rules of procedure applicable to claims and actions under the said Convention before courts of state parties are concerned;
Amendment 11 #
Motion for a resolution
Paragraph 1 – point iii
Paragraph 1 – point iii
(iii) MinimiseEnsure that the possibility for a conflict between the ELD 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;
Amendment 12 #
Motion for a resolution
Paragraph 1 – point iv
Paragraph 1 – point iv
(iv) 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 13 #
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) 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;