7 Amendments of Jacqueline FOSTER related to 2012/0358(COD)
Amendment 30 #
Proposal for a directive
Recital 4
Recital 4
(4) There are other various instruments of Union law which lay down requirements and conditions, inter alia in order to ensure the free movement of goods within the Internal Market or for environmental purposes, for certain products which are similar in nature to equipment used on board ships, but which do not meet the international standards – which may substantially differ from the internal legislation of the Union and are in constant evolution. These products cannot therefore be certified by the Member States in accordance with the relevant international maritime safety conventions. Equipment to be placed onboard EU ships in accordance with international safety standards should therefore be regulated exclusively by this Directive, which should in any event be considered the lex specialis; furthermore, a specific marking should be established to indicate that the equipment bearing that mark complies with the requirements laid down in the relevant fully ratified international conventions and instruments.
Amendment 33 #
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to ensure that the objectives of this Directive are not impaired by shortcomings in the applicable testing standards or in case the IMO failed to produce appropriate standards for marine equipment falling under the scope of this Directive. It is also necessary to adopt appropriate technical criteria so that electronic tags canadopt appropriate technical criteria so that electronic tags can, where chosen as an option to protect Intellectual Property Rights, be affixed and used in a safe and reliable way. Moreover, it is necessary to keep up-to- date a number of non-essential elements of this Directive, namely the list of international conventions laying down safety requirements for marine equipment contained in Article 2(3) and the references to specific standards contained in Annex III. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should therefore be delegated to the Commission in respect of the adoption, on an interim basis, of harmonised technical specifications and testing standards and in order to amend the said lists and references. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 34 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to meet the objectives of this Directive, the international instruments should be uniformly implemented in the Internal Market after they have been fully ratified by Member States. It is therefore necessary, for each item of marine equipment for which the approval of the flag State is required by the international conventions, to identify in a clear and timely way the design, construction and performance requirements as well as the associated testing standards laid down in the international instruments for that equipment, and to adopt common criteria and procedures for the implementation of those requirements and standards by notified bodies, Member State authorities and the economic operators. Moreover, it is necessary to ensure that only in exceptional and duly justified cases equipment not bearing the wheel mark is allowed to be placed on board.
Amendment 35 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘international conventions’ means the conventions, together with their Protocols and Codes of mandatory application, adopted under the auspices of the International Maritime Organization (IMO) and ratified by the Member States which lay down specific requirements for the approval by the flag State of equipment to be placed on board ships. This includes:
Amendment 48 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The wheel mark may be supplemented or replaced by an appropriate and reliable form of electronic tag. In such case, Articles 9 and 10 shall apply, as appropriate, mutatis mutandi.
Amendment 72 #
Proposal for a directive
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
Amendment 74 #
Proposal for a directive
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b