11 Amendments of Claude MORAES related to 2016/0171(COD)
Amendment 28 #
Proposal for a directive
Recital 6
Recital 6
(6) To reduce the anxiety of relatives inprovide relatives with timely and reliable information in the case of an accident and to reduce unnecessary delays in the consular assistance and other services, the communicated data should include information on nationality of persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.
Amendment 36 #
Proposal for a directive
Recital 10
Recital 10
(10) In as much as measures entail the processing of personal data, those shall be carried out in accordance with Union law on the protection of personal data20 . In particular, personal data collected for the purposes of Directive 98/41/ECThe measures provided for in Directive 98/41/EC and Directive 2010/65/EC entail the processing of personal data. This processing is governed by Union law on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council20a , and Regulation (EC) No 45/2001 of the European Parliament and of the Council20b , which applies to the processing of personal data recorded in the Single Window and SafeSeaNet. In particular, personal data collected for the purposes of Directive 98/41/EC to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed and used for any other purpose and should not be retained longer than necessary for the specific purposes of Directive 98/41/EC as specified therein. _________________ 20 In particular Regulation (EU) No XXX/2016 of XXX (number and date to be added after formal adoption)Personal data should therefore be immediately destroyed after the ship's voyage has been safely completed or when an investigation or judicial proceedings in the aftermath of an accident or emergency have been concluded. _________________ 20aRegulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individualnatural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (reference to OJ to be added after formal adoption) and OJ L 119, 4.5.2016, p. 1). 20bRegulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5
Article 5 – paragraph 1 – indent 5
- their yeardate of birth,
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5a (new)
Article 5 – paragraph 1 – indent 5a (new)
- the 'habitual place of residence',
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Personal data collected for the purposes of this Directive shouldall not be processed and used for any other purpose.;
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 98/41/EC
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Member States shall ensure that, at the time when the information is collected pursuant to this Article, every person on board a passenger ship is provided, by the company assuming responsibility for operating that passenger ship, and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, with the information set out in Regulation (EU) 2016/679.
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 98/41/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be immediately destroyed.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 98/41/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Taking into account the state of the art and the cost of implementation, each company shall implement appropriate technical and organisational measures to protect personal data processed pursuant to Article 5 against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 98/41/EC
Article 10 – subparagraph 4
Article 10 – subparagraph 4
Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for theseat purposes, it shall be immediately destroyed.;
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 98/41/EC
Article 11 a (new)
Article 11 a (new)
(9 a) the following Article is inserted: "Article 11a 1. The processing of personal data pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679. 2. The processing of personal data by Union institutions and bodies pursuant to this Directive, such as in the Single Window and the SafeSeaNet, shall be carried out in accordance with Regulation (EC) No 45/2001.
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 98/41/EC
Article 14 a – paragraph 1
Article 14 a – paragraph 1
The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [seventhree years after the date referred to in the second subparagraph of Article 3(1)]..