10 Amendments of Dominique RIQUET related to 2009/0005(COD)
Amendment 32 #
Proposal for a directive
Recital 3
Recital 3
(3) Widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 February 20135 at the latest. As the transmission of this data forms a chain stretching from the user to SafeSeaNet, all the information systems should be technically interoperable by the same deadline to ensure the smooth running of the European maritime transport space without barriers.
Amendment 33 #
Proposal for a directive
Recital 4
Recital 4
(4) The SafeSeaNet systems established at national and Community levels should facilitate the reception, exchange and distribution of information between Member States’ information systems on maritime activity. Access to these systems and the processing of the data should take place without prejudice to the applicable law on protection of commercial data and, in respect of personal data, to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 and to Regulation (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 data2. 1 OJ L 281, 23.11.1995, p. 31. 2 OJ L 8, 12.1.2001, p. 1.
Amendment 38 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
7a. Language problems ought not to be an obstacle to the smooth running of the coastal shipping network. Therefore the rules established by the International Maritime Organisation on the one hand – and which stem from international agreements to which the Member States are contracting parties – and the rules established by the European Union on the other should be respected.
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States must make every effort to follow international trade practices when drawing up FAL forms, to ensure they are easy to understand.
Amendment 40 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
7b. Provision should be made for a clear regulatory framework for the granting of Pilotage Exemption Certificates in those Member States where this is not yet the case. Bearing in mind that each port is subject to specific constraints connected with shipping safety, Member States should apply rules which are relevant, transparent, non-discriminatory, and proportional.
Amendment 48 #
Proposal for a directive
Article 3 – point e a (new)
Article 3 – point e a (new)
Amendment 50 #
Proposal for a directive
Article 5 – subparagraph 3
Article 5 – subparagraph 3
The information shall be considered to comply if it results from the application of the definitions referred to in the FAL Convention given in Annex II and is notified using the FAL forms listed in Annex I, using the methods established in the FAL Convention. The FAL forms must be submitted in accordance with the language rules specified by the International Maritime Organisation and the European Union.
Amendment 51 #
Proposal for a directive
Article 7 – subparagraph 1
Article 7 – subparagraph 1
Member States shall, by the entry into force of this Directive at the latest, conduct relevant studies and investigations in order to allow the use of electronic means of transmitting thetransmission of data necessary for the administrative formalities as soon as possible and by 15 February 20135 at the latest.
Amendment 56 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Data protection The Member States shall, in compliance with EU legislation and national legislation, take the necessary measures to ensure that data they receive under this directive remain confidential and are only used in accordance with this directive. They shall take particular care to protect commercial data collected under this directive. In respect of personal data, the Member States shall ensure they comply with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data 1 and with Regulation (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 data2. 1 OJ L 281, 23.11.1995, p. 31. 2 OJ L 8, 12.1.2001, p. 1.
Amendment 57 #
Proposal for a directive
Article 8
Article 8
Ships falling within the scope of Directive 2002/59/EC and moving between ports situated in the European Community’s customs territory, but which do not come from, call in to or are headed towards a port situated outside that territory or a free zone subject to type I controls under customs legislation shall be exempt from the obligation to send the information referred to in the FAL forms, without prejudice to the applicable Community legislation and the possibility that Member States may request that the information in the FAL forms referred to in Points 2, 3, 4, 5 and 6 of Annex I be sent.