24 Amendments of Marian-Jean MARINESCU related to 2011/0225(NLE)
Amendment 17 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) This Regulation establishes a Community system for the authorisation and registration of carriers of radioactive materials which facilitates the Member States' task of ensuring that the basic safety standards for the protectbased on provisions of the health of workers and the general public against the dangers arising from ionising radiations laid down inDirective 2008/68/EC and Directive 96/29/Euratom are complied with.
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation shall apply to any carrier transporting radioactive materials, on road, rail and inland waterway, within the Community, from third countries into the Community and from the Community into third countries. It shall not apply to carriers transporting radioactive materials by air and sea.
Amendment 32 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘carrier’ means any person, organisation or public undertaking conducting the carriage of radioactive material by any means of transport in the Community. This includes carriers for hire or reward and carriers on own account;
Amendment 33 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) "common criteria" means a set of safety standards based on modal regulations for the transport of dangerous goods ADR, RID and ADN, Directive 96/29/Euratom and Directive 2008/68/EC with which carriers of radioactive materials have to comply with in order to obtain a registration certificate.
Amendment 39 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Individual transport operations shall be accompanied by a copy of the carrier's registration certificate or by the licence or registration obtained in accordance with the applicable national procedure in the case of transport referred to in paragraph 3.
Amendment 41 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Electronic System for Carrier Registration (ESCReg) shall be established and maintained and secured by the Commission for the supervision and control of the transportregistration of carriers of radioactive material. The Commission shall define the information to be included in the system, technical specifications and requirements for the ESCReg.
Amendment 56 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The ESCReg shall grant restricted and secure access to the competent authorities of the Member States, to registered carriers and to applicants, subject to the relevant provisions on personal data protection, as laid down by Directive 95/46/EC of the European Parliament and of the Council. The competent authorities shall have access to all data available. The ESCRg shall provide public access to the list of registered carriers.
Amendment 57 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Ccommissionpetent authorities of the Member States shall not be responsible for the content and the accuracy of information submitted through the ESCReg.
Amendment 58 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
A carrier shall apply for registration through the ESCReg, to the competent authority in accordance with paragraph 3.
Amendment 59 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
Article 5 – paragraph 1 – subparagraph 2 a (new)
A transitional period of one year after this regulation enters into force will apply, in order for all carriers to apply and obtain a registration certificate under this regulation. Within this transitional period, the provision of Directive 96/29/Euratom and Directive 2008/68/EC shall apply.
Amendment 61 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Upon completion and submission of the application form, the applicant shall receive an automatic acknowledgement of receipt, together with an application number. The same acknowledgement shall be received by the responsible competent authority. The Commission shall be responsible for respecting the provisions of Article 5 paragraph 3.
Amendment 62 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Within eight weeks of issuing the acknowledgement of receipt the competent authority shall issue a certificate of carrier registration if it considers the submitted information to be complete and in compliance with this Regulation, Directive 96/29/Euratom and Directive 2008/68/EC and that the applicant is fulfilling the requirements of the common criteria as defined in Article 2 paragraph ba.
Amendment 63 #
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
A copy of the certificate of carrier registration shall be provided automatically through the ESCReg to all the competent authorities of theall Member States where the carrier intends to operate.
Amendment 64 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
The competent authority shall ask the applicant to provide, within three weeks from the receipt of this request, the necessary corrections or supplementary information, if needed. If the competent authority refuses to issue a certificate of carrier registration on the grounds that the application is not complete or not in compliance with the applicable requirements, it shall respond in writing to the applicant within eight weeks after issuing the acknowledgement of receipt. Prior to such refusal, the competent authority shall require that the applicant corrects or supplements the application within three weeks from the receipt of this request. The competent authority shall provide a statement of the reasons for refusal.
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
A copy of the refusal and statement of the reasons shall be provided automatically through the ESCReg to all the competent authorities of theall Member States where the carrier intends to operate.
Amendment 69 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The competent authority that issued the certificate is responsible to monitor, through inspections, the continued compliance of the registered carrier with the requirements of this Regulation for the period of the validity of the certificate.
Amendment 72 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. If a carrier does not comply with the requirements of this Regulation the competent authority of the Member State where the non-compliance was discovered shall apply enforcement measures within the legal framework of that Member State, such as written notices, training and education measures, suspension, revocation or modification of the registration or prosecution, depending on the safety significance of the non- compliance and the record of compliance of the carrier. The enforcement measures shall be immediately notified to the Member State that issued the certificate. Within maximum four weeks, the notified Member State shall modify, renew or revoke the registration. The decision shall be provided through ESCReg to the competent authorities of all Member States.
Amendment 74 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Depending on the safety significance of the non-compliance and the record of compliance of the carrier, the Member State where the non-compliance was discovered may suspend the carrier's registration. The suspension shall be immediately notified to the Member State that issued the certificate. Within maximum four weeks, the notified Member State shall modify, renew or revoke the registration. The decision shall be provided through ESCReg to the competent authorities of all Member States.
Amendment 75 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The competent authority of the Member State where the non-compliance was discovered shall communicate to the carrier and to the competent authorities of the Member States where the carrier was planning to transport radioactive materials, information on enforcement action applied and a statement of reasons for application of that action. If the carrier does not comply with the enforcement action applied pursuant to paragraph 1, the competent authority of the Member State of establishment of the head office of the carrier or, if the carrier is established in a third country, the competent authority of the Member State, where the carrier intended to first enter the territory of the Community shall revoke the registration.
Amendment 76 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 78 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall designate a competent authority and a national contact point for the transportregistration of carriers of radioactive materials.
Amendment 86 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
The Commission shall establish, by means of delegated act, the common criteria defined in Article 2, paragraph ba.