Activities of Paolo COSTA

Motion for a resolution
Paragraph 23 a (new)

23a. underlines the added value of the trans-European transport network programme (TEN-T) for the achievement of the Lisbon strategy, the EU's climate change goals, and greater social, economic and territorial cohesion, while providing timely support for sustaining aggregate demand in the EU. Underlines the importance of the 30 TEN-T priority projects - especially the cross-border corridors - for re-launching the economy and for enabling the increasing demand of a better and more environmentally friendly co-modality; calls on the Commission and the Member States to develop new methods for financing transport infrastructures and to increase substantially the budget for the TEN-T projects in the next EU Financial Perspectives and in the Recovery Plan;

2009/01/29
Committee: ECON

2008/2334(INI)

Motion for a resolution
Paragraph 28 a (new)

28a. welcomes the Commission's proposal to bring forward from 2010 to 2009 and investment of EUR 500 000 000 for transport infrastructure; stresses, nevertheless, that the Commission and the Member States must include urban transport and TEN-T priority projects among those for the additional investment, to be mobilised in accordance with to the Recovery Plan; considers that those TEN-T projects at an advanced stage of implementation should, in particular, benefit from the greater availability of appropriations;

2009/01/29
Committee: ECON

2008/2334(INI)

Motion for a resolution
Paragraph 33 a (new)

33a. calls for an urgent examination by the Parliament, the Council, the Commission, and the European Investment Bank of the benefits which would derive from establishing a European sovereign debt fund, the debt servicing cost of which would be lower than that of the equivalent aggregate of national debts; suggests that such a debt fund should be temporary in nature and transferred after a period of time to national debts; suggests also that such a debt fund should be reserved for transport infrastructure projects that are partly funded by public-private partnerships;

2009/01/29
Committee: ECON

2008/2334(INI)

Motion for a resolution
Paragraph 35

35. Considers that involvement of the ~~European Investment Bank (~~EIB) is crucial and that a large share of lending referred to in the Recovery Plan is within its competence; welcomes the Member States' agreement on a capital increase for the EIB; recalls that some of the EIB interventions also require support from the EU budget, but that this is not currently provided for in the Recovery Plan; this could be done either by blending grants and loans or in the form of joint-risk sharing instruments such as the Risk Sharing Finance Facility (RSFF) and the Loan Guarantee Instrument for trans- European transport network projects (LGTT); suggests that the LGTT be extended to include availability based PPPs and the EIB contribute to the LGTT with its own reserves which could multiply the leverage effect;

2009/01/29
Committee: ECON

2008/2240(INI)

Motion for a resolution
Paragraph 9

9. Is disappointed that the Commission, in its communication, has failed to put forward any scientifically coherent justifications for the charging of individual external costs to various modes of transport, confining itself instead to what it terms a ‘pragmatic approach based on the average cost’;deleted

2008/11/20
Committee: TRAN

2008/2240(INI)

Motion for a resolution
Paragraph 9 a (new)

9a. Supports the Commission in putting forward scientifically coherent and equitable justifications for charging for the external costs of each mode of transport based on marginal social cost pricing, in line with the White Paper on Transport of 2001;

2008/11/20
Committee: TRAN

2008/2240(INI)

Motion for a resolution
Paragraph 10

10. ~~Is disappo~~Recognises the role of the ‘Polluter Pays Principle’ as enshrinted in addition that in its communication the Commission, narrowing down this ‘pragmatic approach’ still further, has reduced it to the ‘polluter/user pays’ principle and that, as regards the contributions - broken down by Member State -the Treaty, and that this principle is appropriately taken account of in the Commission’s proposal. Notes that the approach of the Commission takes into account the contribution towards costs already made by individual modes of transport in the form of general taxation, vehicle and oil taxes, and road tolls to balance out real infrastructure building and maintenance costs and, moreover, external costs~~, it has not even listed them, let alone set them off against the costs incurred~~;

2008/11/20
Committee: TRAN

2008/2240(INI)

Motion for a resolution
Paragraph 12

12. Notes ~~with astonishment~~ that the Commission is behaving inconsistently on several counts in that, on the one hand, it maintains that the internalisation of external costs should also apply to cars, but does not even supply related calculations, preferring instead to give Member States a completely free choice, and, secondly, it sees an essential need for European legislation enabling external costs to be charged tofor heavy goods vehicle~~s, but is again leaving enforcement to the Member States’ discretion~~ and further notes that Member States are already free to charge passenger cars as they see fit;

2008/11/20
Committee: TRAN

2008/2218(INI)

Motion for a resolution
Paragraph 14 a (new)

14a. Asks the Member States and the Commission to reinforce the coordination of the policies pursued at national level in order to establish consistency in the co- financing and the realisation of the TEN- T program in accordance with Article 154 and Article 155 of the Treaty establishing the European Community;

2009/02/19
Committee: TRAN

2008/2218(INI)

Paolo COSTA, Dirk STERCKX

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses the need to set up a task force within the TEN-T Executive Agency in order to increase the use of public- private partnership to finance some priority project or sections, and to diffuse the solutions as best practice;

2009/02/19
Committee: TRAN

2008/2218(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Asks the Commission, in order to boost the competitiveness of the whole rail TEN network, to propose, during its current mandate, a legislative initiative concerning the opening of the rail domestic passenger markets as from 1st January 2012;

2009/02/19
Committee: TRAN

2008/2218(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Asks the Commission to report to the European Parliament and the Council, for every priority project, regularly and at least once a year, on the state of play of each project, on the reliability of the project's costs, on the feasibility of each project and on the timing of project's implementation;

2009/02/19
Committee: TRAN

2008/2008(INI)

Motion for a resolution
Paragraph 4

4. Stresses that the rail freight network should be based on the existing and future ~~ERTMS~~TEN-T corridors, and that a single, stable European standard for the European Train Control System (ECTS) should be imposed so as to ensure continual European interoperability;

2008/06/10
Committee: TRAN

2008/0247(COD)

Proposal for a regulation
Article 12 – paragraph 1

1. Notwithstanding Article 20(2) of Directive 2001/14/EC, the infrastructure managers of the freight corridor shall reserve the capacity needed for ~~priority~~ freight traffic for the coming financial year, prior to the annual exercise to define the working timetable referred to in Article 18 of Directive 2001/14/EC and using as a basis the freight traffic observed and the market study defined in Article 5(1).

2009/03/10
Committee: TRAN

2008/0247(COD)

Proposal for a regulation
Article 12 – paragraph 2

2. The infrastructure managers shall keep a reserve of capacity within the final working timetable to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity must be sufficient to allow requests for train paths to be met while guaranteeing a sufficient level of quality for the allocated train path in terms of journey times on the train path and timetables adapted to freight traffic.deleted

2009/03/10
Committee: TRAN

2008/0247(COD)

Proposal for a regulation
Article 14 – paragraph 1

1. The infrastructure managers of the freight corridor shall draw up and publish the rules of priority between the different types of traffic in the event of traffic disruption in the freight corridor ~~in the network statement referred to in Article 3 of and Annex I to Directive 2001/14/EC~~.

2009/03/10
Committee: TRAN

2008/0247(COD)

Proposal for a regulation
Article 14 – paragraph 2

2. The rules of priority referred to in paragraph 1 above must at least provide that the train path allocated to a priority freight train complying with the initial provisions for its train path may neither be reallocated to another train, nor modified, except where the initial holder of the train path agrees to reallocation to another train or modification of the train path.deleted

2009/03/10
Committee: TRAN

2008/0247(COD)

Proposal for a regulation
Article 23 a (new)

23a. The Commission shall propose, in order to boost the competitiveness of the whole rail TEN-T network, during its current mandate, a legislative initiative concerning the opening of the rail domestic passenger markets as from 1 January 2012.

2009/03/10
Committee: TRAN

2008/0246(COD)

Proposal for a regulation – amending act
Article 7 – paragraph 1 – point b

(b) where the structure of the passenger ship makes the embarkation or carriage of the disabled person or person with reduced mobility physically impossible and where they cannot be afforded the normal level of service in a safe, dignified and operationally feasible manner.

2009/03/10
Committee: TRAN

2008/0246(COD)

Proposal for a regulation – amending act
Article 7 – paragraph 1 – point b a (new)

(ba) in relation to cruise ships, where, based on a medical assessment by the carrier, the carriage of a passenger would put at risk the health and safety of that passenger.

2009/03/10
Committee: TRAN

2008/0246(COD)

Proposal for a regulation – amending act
Article 20 – paragraph 4

4. This Aarticle shall not apply where the delay or cancellation is caused by exceptional circumstances hindering the performance of the transport service, or those circumstances which could not have been avoided even if all reasonable measures had been taken.

2009/03/10
Committee: TRAN

2008/0239(COD)

Proposal for a regulation – amending act
Article 1 – point 1 a (new)

Regulation (EC) No 1692/2006
Article 3 – paragraph 2

1a. In Article 3 paragraph 2 is replaced by the following: "2. Where an action involves the territory of a third country, costs arising in the territory of that country shall [...] covered by the Programme if promoted by undertakings from a Member State as well as in the circumstances set out in paragraphs 3 and 4".

2009/03/04
Committee: TRAN

2008/0239(COD)

Proposal for a regulation – amending act
Article 1 – point 7 a (new)

Regulation (EC) No 1692/2006
Article 14 – paragraph 2 a (new)

7a. In Article 14, paragraph 2a is added: "2a. The Commission before drawing up a proposal for a third Marco Polo Programme shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a communication on the extension of the Programme to the neighbouring countries by 30 June 2011".

2009/03/04
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Recital 1

(1) The promotion of sustainable transport is a key element of the common transport policy. To this end, the negative impacts of transport, in particular congestion, which impedes mobility, pollution, which creates health and environmental damage, ~~and its contribution to~~ climate change and accidents must be reduced. Moreover environmental protection requirements must be integrated into the definition and implementation of other Community policies, including the common transport policy.

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Recital 15

(15) To better reflect the cost of traffic- based air and noise pollution, accidents and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and night period.

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Recital 17

(17) The authority which sets the external cost charge should also have no vested interest in setting the amount at an undue level and should therefore be independent from the body which collects and manages toll revenue. Experience has shown that adding a mark-up to tolls in mountainous areas in order to finance priority projects of the trans-European network is not a practicable option ~~for infrastructure operators if the traffic diversion which may result from an increase of the toll is such that it implies a loss of revenue~~if the definition of a corridor is not consistent with the reality of the traffic flow. To remedy this situation, the corridor on which a mark-up shcould be allowed ~~on alternati~~should in particular cover ro~~utes to which traffic could otherwise be div~~ad sections for which the introduction of a mark-up would result in a traffic diversion towards the priority project concertned.

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Recital 18

(18) In order to give the precedence to the construction of priority projects of European interest, Member States which have the possibility of applying a mark-up should use this option before levying an external cost charge. To avoid an undue charging of users, an external cost charge should not be combined with a mark-up unless the external costs exceed the amount of the mark-up already levied. In such a case, it is thus appropriate that the amount of the mark-up should be deducted from theshould not be prevented from applying a mark-up when also levying an external cost charge.

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Recital 22

(22) The use of electronic tolling systems is essential to avoid~~ing~~ disruption to the free flow of traffic and to prevent~~ing~~ adverse effects on the local environment caused by queues at toll barriers. It is therefore appropriate to ensure that the infrastructure and external cost charge iss are collected by means of such a system, subject to compliance with the requirements of Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community that foresees appropriate and proportionate measures to ensure that technical, legal, commercial and data protection and privacy concerns are properly addressed in the implementation of electronic tolling. Furthermore such systems should be designed without roadside barriers and in a way which allows subsequent extension to any parallel roads at low cost. Provision should however be made for a transitional period in order to permit the necessary adaptations to take place.

2008/11/25
Committee: TRAN

2008/0147(COD)

Paolo COSTA, Luigi COCILOVO

Proposal for a directive – amending act
Article 1 – point 1

Directive 1999/62/EC
Article 2 – point b d a (new)

(bd a) ‘costs of accidents’ means the social costs of traffic accidents, which are not covered by risk oriented insurance premiums;

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Article 1 – point 2

Directive 1999/62/EC
Article 7 – paragraph 1

1. Member States ~~may~~shall maintain or introduce tolls and/or user charges on the~~ir road network or on certain sections of that~~ trans-European road network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j, without prejudice to Article 9(1a).

2008/11/25
Committee: TRAN

2008/0147(COD)

Paolo COSTA, Luigi COCILOVO

Proposal for a directive – amending act
Article 1 – point 2

Directive 1999/62/EC
Article 7 b – paragraph 2

2. The external cost charge shall be related to the cost of climate change, accidents, traffic-based air pollution, the cost of traffic-based noise pollution, or ~~both~~all of them. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.

2008/11/25
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Article 1 – point 2

Directive 1999/62/EC
Article 7i – paragraph 4

4. An external cost charge shall be levied and collected by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC ~~and which can subsequently be extended to other road sections without the need for roadside barriers which imply significant additional roadside investment~~.

2008/12/11
Committee: TRAN

2008/0147(COD)

Paolo COSTA, Luigi COCILOVO

Proposal for a directive – amending act
Article 1 – point 2

Directive 1999/62/EC
Article 7i – paragraph 5

5. However, until 31 December 2013, an external cost charge may be levied and collected by means of an existing tolling arrangement. In such a case, the Member State concerned shall notify the Commission of its plan to switch to a system which complies with the requirements of paragraph 4 by 31 December 2013 at the latest.deleted

2008/12/11
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Article 1 – point 4

Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2 a (new)

As from 2011, at least 15% of the revenues generated by external cost and infrastructure charge in each Member States shall be dedicated to the financial support on TEN-T projects to increase transport sustainability. This percentage shall gradually increase over the years.

2008/11/26
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Article 1 – point 6

Directive 1999/62/EC
Article 11 – paragraph 2 – introductory part

2. No later than 31 December 2013, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion, climate change, accidents and traffic- based pollution and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:

2008/11/26
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Annex

Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3

The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic ~~and~~, the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths), and the yearly number of accidents. The criteria used shall be included in the notification.

2008/11/27
Committee: TRAN

2008/0147(COD)

Proposal for a directive – amending act
Annex

Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 a (new)

4.3.a When a Member State chooses to include all or part of the cost of accidents in the external cost charge, the independent authority shall calculate the chargeable external cost of traffic accidents by applying the following formulae or by taking the unit values following the Table 10 of the Handbook: External Accident Costs = accident figures * unit cost per accident * external part. All parameters, data and other information necessary to understand how the chargeable accident cost is calculated shall be made public.

2008/11/27
Committee: TRAN

2007/2259(INI)

Motion for a resolution
Paragraph 6

6. Stresses the importance of the timely and widespread market implementation of intelligent vehicle systems, given that such systems stand out, inter alia, thanks to their ability to interact with intelligent infrastructures;

2008/03/12
Committee: TRAN

2007/2259(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Believes that road safety will benefit from better interaction between intelligent on-board apparatuses and communicators with devices integrated within the infrastructures;

2008/03/12
Committee: TRAN

2005/0241(COD)

Recital 14 a (new)

(14a) As the Athens Convention is only applicable to international transport by sea, transport by inland waterways is not covered by the same liability requirements. Passengers of inland waterways carriers should benefit from comparable protection in terms of the level and nature of liability to that enjoyed by maritime transport passengers. Member States should cooperate actively in negotiations on applicable inland waterways conventions in order to obtain equivalent protection for passengers on European inland waterways.

2008/07/22
Committee: TRAN

2005/0241(COD)

Article 2 − paragraph 2 a (new)

This Regulation shall apply to all ships providing international or national carriage by sea which have to operate a part of the journey by inland waterways and to all ships providing carriage by inland waterways which have to operate a part of the journey by sea.

2008/07/22
Committee: TRAN

2005/0241(COD)

Article 11 − paragraphs 1 a and 1 b (new)

Member States may apply this Regulation to any carriage by inland waterways. In relation to carriage by inland waterways, Member States may choose to defer application of this Regulation until four years after the date of its application.

2008/07/22
Committee: TRAN

2005/0238(COD)

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.

2008/07/23
Committee: TRAN

2005/0238(COD)

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;

2008/07/23
Committee: TRAN

2005/0238(COD)

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.

2008/07/23
Committee: TRAN

2005/0238(COD)

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].

2008/07/23
Committee: TRAN

2005/0237(COD)

Title

Directive ~~…/…~~.../.../EC of the European Parliament and of the Council on compliance with flag State requirements and on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Recast)

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 1

The purpose of this Ddirective is: (a) to ensure that Member States effectively and consistently discharge their obligations as flag States in accordance with international conventions; (b) to establishes measures to be followed by the Member States in their relationship with organisations entrusted with the inspection, survey and certification of ships for compliance with the international conventions on safety at sea and prevention of marine pollution, while furthering the objective of freedom to provide services. This includes the development and implementation of safety requirements for hull, machinery and electrical and control installations of ships falling under the scope of the international conventions.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 2 – point d

(d) "international conventions" means the International Convention for the Safety of Life at Sea of 1 November 1974, (SOLAS 74) ~~with the exception of chapter XI-2 of the Annex thereto,~~ the International Convention of Load Lines of 5 April 1966 and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (Marpol), the International Convention on Tonnage Measurement of Ships, 1969 (Tonnage 69), the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1978), the Convention on International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, in their up-to-date version;

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 2 – point d a (new)

(da) “Flag State Code” means parts 1 and 2 of the “Code for the Implementation of Mandatory IMO Instruments”, adopted by the IMO through Assembly Resolution A.996(25) on 29 November 2007, in its up-to-date version;

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 2 – point d b (new)

(db) “administration” means the competent authorities of the Member State, whose flag the ship is flying, including departments, agencies, bodies, in charge of the implementation of the flag State related provisions of the IMO Conventions;

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 – paragraph 1

1. In assuming their responsibilities and obligations under the international conventions, Member States shall ensure that their competent administrations can ensure appropriate enforcement of the provisions thereof, in particular with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions. Member States shall act in accordance with the relevant provisions of the Annex and the Appendix to IMO Resolution A.847(20) on guidelines to assist flag States in the implementation of IMO instrumentsaccordance with Paragraphs 1a - 1c.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 – paragraph 1 a (new)

1a. Member States shall apply the provisions of the Flag State Code.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 – paragraph 1 b (new)

1b. Member States shall take the necessary measures for an independent auditing of their administration at least once every five years in accordance with the provisions of Resolution A.974 (24) adopted by the IMO Assembly on 1 December 2005. They shall ensure, based on the audit findings, that if appropriate, a comprehensive corrective plan is drawn up in accordance with section 8 of Part II of the Annex to that Resolution and ensure implementation in a timely and effective manner.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 – paragraph 1 c (new)

1c. Member States shall take the necessary measures with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions.

2008/07/22
Committee: TRAN

2005/0237(COD)

Title (new) to Article 3 a (new)

Article 3a Flag State requirements

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 a (new)

1. Prior to allowing a ship to operate, which has been granted the right to fly its flag, the Member State concerned shall take the appropriate measures to ensure that the ship in question complies with the applicable international rules and regulations. In particular, it shall verify the safety records of the ship by all reasonable means. It shall, if necessary, consult with the administration of the losing flag State in order to establish whether any outstanding deficiencies or safety issues identified by that administration remain unresolved. 2. Whenever a flag State requests information concerning a ship which was previously flying the flag of a Member State, the requested Member State shall promptly provide details of outstanding deficiencies and any other relevant safety related information to the requesting flag State. 3. When the administration is informed that a ship flying the flag of the Member State concerned has been detained by a port State, it shall oversee the appropriate corrective measures to bring the ship into compliance with the applicable regulations and IMO Conventions. For this purpose, that administration shall establish the applicable procedures.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 b (new)

Article 3b 1. Member States shall ensure that at least the following information concerning the ships flying their flag are kept under the direct control of a public authority and remain at all times readily accessible to the administration by appropriate electronic means: (a) particulars of the ship (Name, IMO number, etc.); (b) dates of the surveys, including additional and supplementary surveys, if any, and audits; (c) identification of the recognised organisations involved in the certification and classification of the ship; (d) identification of the body which has inspected the ship under Port State control provisions and dates of the inspections; (e) outcome of the port State control inspections (Deficiencies: Yes or No; Detentions Yes or No); (f) information on casualties; (g) identification of the ships which have ceased to fly the flag of the Member State concerned during the previous 12 months. Member States shall, upon request, provide the Commission with the above mentioned data.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 c (new)

Article 3c 1. Each Member State shall, within the framework of a quality management system, continuously evaluate and review its performance as a flag State. These evaluations shall, over a [36] month period, cover all aspects of the quality management system for the operational parts of the administration. As a minimum, the following performance indicators shall be included in the evaluation: - port State control detention rates, - flag State inspection results, and - performance indicators, as may be appropriate, to determine whether staffing, resources and administrative procedures are adequate to meet the flag State obligations. 2. Member States, which have carried out evaluations in accordance with paragraph 1a and appear on the black [or grey] list as published in the annual report of the Paris Memorandum of Understanding (MOU) on Port State Control on 1 July of the year of completion of the evaluations, shall provide the Commission with a report on their performance as flag States no later than 1 November of the year of completion of the evaluation. The report shall identify and analyse the main reasons for the lack of performance; it shall also include a plan for remedial and corrective actions, including supplementary surveys when appropriate, that will be implemented at the earliest opportunity. 3. The quality management system shall be set up and certified within a period of three years from the entry into force of this Directive.

2008/07/22
Committee: TRAN

2005/0237(COD)

Article 3 d (new)

Article 3d The Commission shall, before the end of [2010], submit to the European Parliament and the Council a report on the feasibility of establishing a Memorandum of Understanding on flag State control obligations, aiming at ensuring a level playing field between flag States, which have committed themselves to implement in a mandatory way the Flag State Code, and agreed to be audited in accordance with the provisions of Resolution A. 974 (24) adopted by the IMO Assembly on 1 December 2005.

2008/07/22
Committee: TRAN

2005/0237(COD)

Title (new) to Article 4

Relationship with recognised organisations

2008/07/22
Committee: TRAN

2005/0237(COD)