4 Amendments of Gilles SAVARY related to 2005/0238(COD)
Amendment 45 #
Recital 4 a (new)
(4 a) Member States shall take the necessary measures to adapt their national law to the provisions on limitation of liability of the 1996 Convention. Regarding the ECJ decision in Case C- 188/07, it appears that compensation to third parties in respect of damage caused by waste falls under the 'polluter pays' principle enunciated in Council Directive 75/442/EEC of 15 July 1975 on waste1 and under Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage2, opening up the right to be compensated for the totality of damage caused, including where coverage is not total and beyond the national provisions on incorporation of conventions. 1 Decision of 24 June 2008 (Mesquer municipality) - not yet published in the ECJ Reports. 2 OJ L 194, 25.7.1975, p. 39. 3 OJ L 143, 30.4.2004, p. 56.
Amendment 48 #
Article 2 – paragraph 23 a (new)
(23a). 'Convention of 1996' shall mean the recapitulative text of the 1976 International Maritime Organisation Convention on Limitation of Responsibility for Maritime Claims, as modified by the protocol of 1996;
Amendment 50 #
Article 4 a (new)
Article 4 a Member States shall take the necessary measures to adapt their national law to the provisions on limitation of liability of the 1996 Convention. The principle of compensation to third parties in respect of damage caused by waste falling under the 'polluter pays' principle enunciated in Council Directive 75/442/EEC of 15 July 1975 on waste1 and under Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage2 opens up the right to be compensated for the totality of damage caused, including where coverage is not total and beyond the national provisions on incorporation of conventions. Member States may maintain or introduce provisions that are stricter than those of this article. 1 OJ L 194, 25.7.1975, p. 39. 2 OJ L 143, 30.4.2004, p. 56.
Amendment 60 #
Annex IV – point 41 a (new)
41 a. Certificates required under Directive 2008/XX/EC of the European Parliament and the Council of … [amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and a regime for civil liability and financial guarantees for shipowners].