Activities of Gesine MEISSNER related to 2012/0358(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC PDF (306 KB) DOC (382 KB)
Amendments (23)
Amendment 38 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘conformity assessment’ means the process carried out by the notified bodies, in accordance with Article 15 demonstrating whether marine equipment complies with the requirements laid down in this Directive, in accordance with Article 15;
Amendment 39 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to equipment to be placed on board an EU ship and for which the approval of the flag State administration is required by the international instruments, regardless of whether the ship is located in the Community at the time when it is fitted with the equipment.
Amendment 43 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The international instruments, with the exception of testing standards, shall apply in their up-to-date version, without prejudice to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council , in accordance with Article 35 (5) (c).
Amendment 46 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The wheel markmanufacturer shall be affixed the wheel mark visibly, legibly and indelibly to the product or to its data plate. Where that is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents.
Amendment 53 #
Proposal for a directive
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. A manufacturer who is not established within the territory of a Member State or in a State of the European Economic Area shall provide the name and contact address of his authorized representative.
Amendment 54 #
Proposal for a directive
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Manufacturers shall ensure that the product is accompanied by instructions and all necessary information for safe installation on board and safe use of the product, including limitations of use, if any, in English or a language which can be easily understood by the end-users, together with any other documentation required by the international instruments or testing standards.
Amendment 55 #
Proposal for a directive
Article 12 – paragraph 10
Article 12 – paragraph 10
10. Manufacturers shall, further to a reasoned request from a competent national authority, promptly provide it with all the information and documentation necessary to demonstrate the conformity of the product, in English or a language which can be easily understood by that authority, and grant to that authority access to their premises for market surveillance purposes in accordance with Article 19 of « Regulation (EC) No 765/2008. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 56 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A manufacturer who is not located in the territory of a Member State or a State of the European Economic Area shall, by a written mandate, appoint an authorised representative in the Community.
Amendment 57 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Importers and distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in English or a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 58 #
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Member States shall ensure that the manufacturer or his authorized representative carry out the conformity assessment, through a notified body, for a specific item of marine equipment, by using one of the options provided by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 38(3), from among one of the following procedures:
Amendment 59 #
Proposal for a directive
Article 15 – paragraph 2 – point a – indent 1
Article 15 – paragraph 2 – point a – indent 1
– production-quality assurance (module D);, or
Amendment 61 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. When marine equipment is placed on board an EU ship, a copy of the EU declaration of conformity covering the equipment concerned shall be provided to the ship, and shall be kept on board until the said equipment is removed from the ship. It shall be drawn up in English or translated into the language or languages required by the flag State.
Amendment 62 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 63 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Notified bodies shall provide the Commission and the Member States, on request, with relevant information on issues relating to negative and positive conformity assessment results. Notified bodies shall provide the other notified bodies carrying out conformity assessment activities covering the same products on request with information concerning negative and, on request, positive conformity assessment resultsthe applications submitted.
Amendment 65 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Where the market surveillance authorities of a Member State intend to carry out sample checks, they may request the manufacturer to make the necessary samples available at its own cost in the territory of that Member State, where this is feasible at a reasonable cost, or to grant the Member State on-the-spot access.
Amendment 69 #
Proposal for a directive
Article 35 – paragraph 5 – subparagraph 1 – point a
Article 35 – paragraph 5 – subparagraph 1 – point a
(a) the list and essential details of the conformity certificates issued under this Directive, provided by the notified bodies;
Amendment 70 #
Proposal for a directive
Article 35 – paragraph 5 – point b
Article 35 – paragraph 5 – point b
(b) the list and essential details of the declarations of conformity issued under this Directive, provided by the manufacturers;
Amendment 78 #
Proposal for a directive
Annex 2 – part I – point 3 – paragraph 1 – indent 1
Annex 2 – part I – point 3 – paragraph 1 – indent 1
Amendment 80 #
Proposal for a directive
Annex 2 – part I – point 8 – paragraph 3
Annex 2 – part I – point 8 – paragraph 3
The Commission, and the Member States and the other notified bodies may, on request, obtain a copy of the EC- type examination certificates and/or « additions thereto. On request, the Commission and the Member States may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body. The notified body shall keep a copy of the EC-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of the certificate.
Amendment 82 #
Proposal for a directive
Annex 2 – part II – point 3.1 – paragraph 1 – indent 1
Annex 2 – part II – point 3.1 – paragraph 1 – indent 1
Amendment 84 #
Proposal for a directive
Annex 2 – part III – point 3.1 – paragraph 1 – indent 1
Annex 2 – part III – point 3.1 – paragraph 1 – indent 1
Amendment 86 #
Proposal for a directive
Annex 2 – part IV – point 3 – paragraph 2
Annex 2 – part IV – point 3 – paragraph 2
Amendment 88 #
Proposal for a directive
Annex 2 – part V – point 2 – paragraph 1 – indent 1
Annex 2 – part V – point 2 – paragraph 1 – indent 1