BETA

Activities of Dominique VLASTO related to 2005/0238(COD)

Reports (3)

REPORT Report on the joint text approved by the conciliation Committee for a directive of the European Parliament and of the Council on port State control (recast) PDF (148 KB) DOC (93 KB)
2016/11/22
Committee: CODE
Dossiers: 2005/0238(COD)
Documents: PDF(148 KB) DOC(93 KB)
REPORT Draft recommendatiojn for second reding on the Council common position for adopting a directive of the European Parliament and of the Council on port State control (Recast) PDF (304 KB) DOC (428 KB)
2016/11/22
Committee: TRAN
Dossiers: 2005/0238(COD)
Documents: PDF(304 KB) DOC(428 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on port State control (recast) PDF (442 KB) DOC (478 KB)
2016/11/22
Committee: TRAN
Dossiers: 2005/0238(COD)
Documents: PDF(442 KB) DOC(478 KB)

Amendments (13)

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.
2008/07/23
Committee: TRAN
Amendment 46 #

Recital 22
(22) A right of appeal against detention orders by the competent authorities shouldmust be made available, in order to prevent unreasonable decisions which may cause undue detention and delay.
2008/07/23
Committee: TRAN
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;
2008/07/23
Committee: TRAN
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.
2008/07/23
Committee: TRAN
Amendment 51 #

Article 8 – paragraph 1
1. The operator, agent or master of a ship which, in accordance with Article 13, is eligible for an expanded inspection and bound for a port of call or watering of a Member State, shall notify its arrival at the first port of call or watering in the Community in accordance with the provisions laid down in Annex III.
2008/07/23
Committee: TRAN
Amendment 52 #

Article 8 – paragraph 2
2. On receipt of the notification referred to in paragraph 1 of this Article and in Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system, the port authority or body or the authority or body designated for that purpose shconcerned shall transmit such information to the competent authority and to those of the ports of call for ward such information to the competent authortering subsequently reached in the Community.
2008/07/23
Committee: TRAN
Amendment 53 #

Article 9 – paragraph 2
2. All ships in the inspection data base shall be attributed a ship risk profile which determines their respective priority for inspection, the intervals between the inspections and the scope of inspections. a) Generic parameters Generic parameters arshall be based on the type, age, flag, involved recognised organisations and company performance in accordance with Annex I part I.1 and Annex II. b) Historical parameters Historical parameters arshall be based on the number of deficiencieshortcomings and detentions during a given period in accordance with Annex I part I.2 and Annex II.
2008/07/23
Committee: TRAN
Amendment 55 #

Article 15 – paragraph 2 and 3
2. The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 3 to 9 of Annex VIII are met. If the ship is subject to a second refusal of access, the period shall be 12 months. 3. Any subsequent detention in a port within the Community shall result in the ship being indefinitely refused access in any port within the Community. The indefinite refusal of access order may be lifted after a period of 36 months has passed from the issue of the order and only if: the ship flies the flag of a State whose detention rate falls neither into the black list nor the grey list referred to in paragraph 1, - the statutory and classification certificates of the ship are issued by a organisation or organisations recognised under Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, the ship is managed by a company with a high performance according to Annex I part I.1, and the conditions in paragraphs 3 to 9 of Annex VIII are met.Deleted
2008/07/23
Committee: TRAN
Amendment 56 #

Article 17 – subparagraph 1
All complaints shall be subject to an initial assessment rapid initial assessment by the competent authority. This assessment shall make it possible to determine whether a complaint is justified, concrete and properly grounded. Should the above be the case, the competent authority shall take the necessary action on the complaint. It shall, in particular, ensure that the ship's master and owner, as well as anyone else directly concerned by the complaint, including the complainant, can enter their remarks.
2008/07/23
Committee: TRAN
Amendment 57 #

Article 19 – paragraph 3
3. The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal and the related arrangements.
2008/07/23
Committee: TRAN
Amendment 58 #

Article 26
The Commission shall establish and publish regularly on a public website information relating to companies whose performance, in view of determining the ship-risk profile referred to in Annex I part I, has been considered as low and very low for a period of three months or more. The Commission shall adopt, in accordance with the regulatory procedure referred to in Article 30(2), the rules for the implementation of this Article, ensuring that they take account of enterprises' fleet size and specifying in particular the modalities of the publication.
2008/07/23
Committee: TRAN
Amendment 59 #

Annex III – point d a (new)
d a) ports of call or watering in the Community subsequently reached during the same voyage;
2008/07/23
Committee: TRAN
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].
2008/07/23
Committee: TRAN