6 Amendments of Josu ORTUONDO LARREA related to 2005/0237(COD)
Amendment 21 #
Recital 26
(26) Measures to be followed by ship inspection and surveyexpertise organisations are laid down in Regulation (EC) No …/... of the European Parliament and the Council of … on common rules and standards for ship inspection and survey organisations].
Amendment 36 #
Article 5 – paragraph 2 – point b i
i) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for death, personal injury or, where applicable, loss of or damage to property or personal injury or death, which is proved in that court of law or recognised in the arbitration procedure to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that loss, damage, injury or death was, as decided by that courtdeath, personal injury or, where applicable, loss of or damage to property was, as decided by that court or as recognised in the arbitration procedure, caused by the recognised organisation;
Amendment 37 #
Article 4 – paragraph 4
4. The Commission, acting at any time in accordance with the regulatory procedure referred to in Article 12(3), may limit the recognition as regardsto one organisation, which will be restricted to inspecting and certifying certain types of ships, ships of a certain size, certain trades, or a combination thereof, in accordance with the proven capacity and expertise of the organisation concerned. In such a case, the Commission shall state the reasons for the limitation and the conditions under which the limitation shall be removed or can be widened. The limitation may be reviewed at any time.
Amendment 37 #
Article 5 – paragraph 2 – point b − point ii
ii) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of lawnot leading to death, or, where applicable, loss of or damage to property, which is proved in that court of law or recognised in the arbitration procedure to have been caused by any negligent or recklesswilful act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that personal injury or death was, as decided by that courtnot leading to death, or, where applicable, loss of or damage to property, was, as decided by that court or recognised in the arbitration procedure, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 4 million; nonetheless, where the amount determined in the decision or arbitration settlement is lower, that sum shall be the amount payable in compensation;
Amendment 38 #
Article 11 – paragraph 3
3. The Quality Assessment and Certification System shall have the necessary governance and competences to act independently both of the recognised organisations and of shipbuilding companies, owners and operators and shall have the necessary means to carry out its duties effectively and to the highest professional standards. The Quality Assessment and Certification System will lay down its working methods and rules of procedure.
Amendment 38 #
Article 5 – paragraph 2 – point b − point iii
iii) if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property, which is proved in that court of law or recognised in the arbitration procedure to have been caused by any negligent or recklesswilful act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation, to the extent that that loss or damage was, as decided by that court or recognised in the arbitration procedure, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 2 million; nonetheless, where the amount determined in the decision or arbitration settlement is lower, that sum shall be the amount payable in compensation;