{"change_dates":[],"dossier":{"amendments":[{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-30","justification":"International conventions are developed by the IMO and then undergo a thorough ratification\nprocess. Until this process is finalised, the convention does not apply to members. The\nproposed measure from the Commission indicates that new conventions would become\napplicable within the EU before ratification by the IMO.","location":[["Proposal for a directive","Recital 4"]],"meps":[4553],"meta":{"created":"2019-07-03T05:39:17"},"new":["(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 \u2013 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."],"old":["(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 \u2013 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 international","conventions and instruments."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio Cancian","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-31","justification":" To clarify that Member States are still permitted to apply alternative design and\n arrangements in accordance with SOLAS, outside the scope of the Directive.","location":[[" Proposal for a directive","Recital 4 a (new)"]],"meps":[96733],"meta":{"created":"2019-07-03T05:39:17"},"new":["(4a) As well as setting out detailed","performance and testing standards for","marine equipment, the international","instruments sometimes allow for","measures that deviate from the","prescriptive requirements but which,","under certain conditions, are suitable to","satisfy the intent of those requirements.","The International Convention for the","Safety of Life at Sea (SOLAS), 1974,","allows for alternative design and","arrangements which could be applied by","individual Member States acting under","their own responsibility."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Dominique Vlasto","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-32","location":[[" Proposal for a directive","Recital 11 b (new)"]],"meps":[5737],"meta":{"created":"2019-07-03T05:39:17"},"new":["(11b) When the surveillance authorities of","a Member State consider that marine","equipment covered by this Directive is","liable to present a risk to maritime safety,","protection of the environment or health,","they should carry out tests on the","maritime equipment concerned. In cases","where a risk is detected, the Member State","should invite the economic operator","concerned to take the appropriate","corrective action, or even to withdraw or","recall the marine equipment concerned."],"old":["",""],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-33","justification":" Such standards need to be agreed on a global basis to ensure Member States are not put at a\n disadvantage by having to comply with EU rules which are potentially far stricter than those\n applied internationally.","location":[["Proposal for a directive","Recital 13"]],"meps":[4553],"meta":{"created":"2019-07-03T05:39:17"},"new":["(13) It is necessary to adopt 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."],"old":["(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 can 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."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-34","justification":" International conventions are developed by the IMO and then undergo a thorough ratification\n process. Until this process is finalised, the convention does not apply to members. The\n\nproposed measure from the Commission indicates that new conventions would become\napplicable within the EU before ratification by the IMO.","location":[[" Proposal for a directive","Recital 15"]],"meps":[4553],"meta":{"created":"2019-07-03T05:39:18"},"new":["(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."],"old":["(15) In order to meet the objectives of this","Directive, the international instruments","should be uniformly implemented in the","Internal Market. 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."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-35","justification":"International conventions are developed by the IMO and then undergo a thorough ratification\nprocess. Until this process is finalised, the convention does not apply to members. The\nproposed measure from the Commission indicates that new conventions would become\napplicable within the EU before ratification by the IMO.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 3 \u2013 introductory part"]],"meps":[4553],"meta":{"created":"2019-07-03T05:39:18"},"new":["(3) \u2018international conventions\u2019 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:"],"old":["(3) \u2018international conventions\u2019 means the","conventions, together with their Protocols","and Codes of mandatory application,","adopted under the auspices of the","International Maritime Organization (IMO)","which lay down specific requirements for","the approval by the flag State of equipment","to be placed on board ships. This includes:"],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Dominique Vlasto","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-36","justification":" The BWMC Convention has not yet entered into force. Vessels flying a European flag should\n not be compelled to comply with it, as this would undermine their competitiveness.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 3 \u2013 indent 5"]],"meps":[5737],"meta":{"created":"2019-07-03T05:39:18"},"new":["deleted"],"old":["\u2013 the 2004 International Convention for","the Control and Management of Ships\u2019","Ballast Water and Sediments (BWMC);"],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gilles Pargneaux","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-37","justification":" Vessels flying a European flag should not be forced to comply with international conventions\n which have not yet entered into force, as this is liable to undermine the competitiveness of\n such flags.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 3 \u2013 indent 5"]],"meps":[96948],"meta":{"created":"2019-07-03T05:39:18"},"new":["deleted"],"old":["\u2013 the 2004 International Convention for","the Control and Management of Ships\u2019","Ballast Water and Sediments (BWMC);"],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-38","justification":"The amendment is intended to clarify who performs the conformity assessment, as this is not\nclear from Article 15.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 17"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:18"},"new":["(17) \u2018conformity assessment\u2019 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;"],"old":["(17) \u2018conformity assessment\u2019 means the","process demonstrating whether marine","equipment complies with the requirements","laid down in this Directive, in accordance","with Article 15;"],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-39","justification":"For reasons of legal certainty, it should be spelled out that the Directive applies regardless of\nwhere the ship is when it is fitted with the equipment.","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:18"},"new":["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."],"old":["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."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-40","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:39:18"},"new":["1. This Directive shall apply to equipment","placed on board an EU ship and for which","the approval of the flag State","administration is required by the","international instruments."],"old":["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."],"orig_lang":"ro","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio Cancian","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-41","justification":" Dealing with the concerns of the EU industry, which requires a clear time framework\n avoiding the situation in which equipment which met the MED standards at the time it was\n supplied after the keel laying would be no longer compliant at the time of the installation on\n board, due to changes made to the technical construction standards in the intervening period.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 a (new)"]],"meps":[96733],"meta":{"created":"2019-07-03T05:39:18"},"new":["1a. For the purpose of paragraph 1, in the","case of new construction, Member States","shall use the date when the keel was laid,","or the date when the ship arrived at a","similar stage of construction, as the","reference date for determining the","applicable requirements."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Dominique Vlasto","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-42","justification":"If it is compulsory to apply a standard, it should be possible to consult that standard free of\ncharge.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3"]],"meps":[5737],"meta":{"created":"2019-07-03T05:39:18"},"new":["3. The requirements and standards referred","to in paragraphs 1 and 2 shall be","implemented in a uniform manner, in","accordance with Article 35(2) and (3).","Manufacturers must be able to access the","text of these requirements and standards","free of charge."],"old":["3. The requirements and standards referred","to in paragraphs 1 and 2 shall be","implemented in a uniform manner, in","accordance with Article 35(2) and (3)."],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-43","location":[["Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:18"},"new":["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)."],"old":["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 ."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Artur Zasada","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-44","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2"]],"meps":[96778],"meta":{"created":"2019-07-03T05:39:18"},"new":["2. Implementing powers shall be","conferred upon the Commission in order","to adopt harmonised technical","specifications and testing standards when,","in exceptional circumstances and in order","to remove an unacceptable threat to safety","or to the environment, it is necessary due","to a weakness or anomaly in an existing","standard or the absence of an appropriate","international standard. Those","specifications and standards shall apply on","an interim basis and until such time as the","IMO has adopted appropriate standards.","Those implementing acts shall be adopted","in accordance with the examination","procedure referred to in Article 38(3)."],"old":["2. In the absence of appropriate","international standards developed by the","IMO for a specific item of marine","equipment, the Commission shall be","empowered to adopt, by means of","delegated acts in accordance with Article","37, harmonised technical specifications","and testing standards for that specific","item of marine equipment when it is","necessary in order to remove an","unacceptable threat to safety or to the","environment. Those specifications and","standards shall apply on an interim basis","","","and until such time as the IMO has adopted","appropriate standards."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-45","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2"]],"meps":[36281],"meta":{"created":"2019-07-03T05:39:18"},"new":["2. In the absence of appropriate","international standards developed by the","IMO for a specific item of marine","equipment, the Commission shall be","empowered to adopt, by means of","delegated acts in accordance with Article","37, harmonised technical specifications and","testing standards for that specific item of","marine equipment when it is necessary in","order to remove an unacceptable threat to","safety or to the environment. Those","specifications and standards shall apply on","an interim basis until such time as the IMO","has adopted appropriate standards."],"old":["2. In the absence of appropriate","international standards developed by the","IMO for a specific item of marine","equipment, the Commission shall be","empowered to adopt, by means of","delegated acts in accordance with Article","37, harmonised technical specifications and","testing standards for that specific item of","marine equipment when it is necessary in","order to remove an unacceptable threat to","safety or to the environment. Those","specifications and standards shall apply on","an interim basis and until such time as the","IMO has adopted appropriate standards."],"orig_lang":"ro","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-46","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:18"},"new":["1. The manufacturer shall affix 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."],"old":["1. The wheel mark shall be affixed 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."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-47","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:39:18"},"new":["1. The wheel mark shall be affixed visibly,","legibly and indelibly to the product or to its","data plate."],"old":["1. The wheel mark shall be affixed 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."],"orig_lang":"ro","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-48","justification":"During the stakeholders consultation, the electronic tag was introduced as an option to\nprotect Intellectual Property Rights. The Commission\u2019s impact assessment does not provide\n\n any details on the costs associated with this technology. If electronic tags replace the\n wheelmark logo, then Member States will have to invest in the appropriate technology to\n \u2018read\u2019 the electronic tags.","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[4553],"meta":{"created":"2019-07-03T05:39:18"},"new":["1. The wheel mark may be supplemented","by an appropriate and reliable form of","electronic tag. In such case, Articles 9 and","10 shall apply, as appropriate, mutatis","mutandi."],"old":["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."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Brian Simpson","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-49","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[1309],"meta":{"created":"2019-07-03T05:39:19"},"new":["1. Manufacturers may use an appropriate","and reliable form of electronic tag instead","of or in addition to the wheel mark. In","such case, Articles 9 and 10 shall apply, as","appropriate, mutatis mutandi."],"old":["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."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-50","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:39:19"},"new":["1. The wheel mark may be supplemented","with an appropriate and reliable form of","electronic tag. In such case, Articles 9 and","10 shall apply, as appropriate, mutatis","mutandi."],"old":["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."],"orig_lang":"ro","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Artur Zasada","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-51","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2"]],"meps":[96778],"meta":{"created":"2019-07-03T05:39:19"},"new":["2. The Commission shall adopt","implementing acts, in accordance with","Article 37, in order to identify the specific","items of marine equipment which can","benefit from electronic tagging, and to lay","down appropriate technical criteria as","regards the design, performance, affixing","and use of electronic tags."],"old":["2. The Commission shall adopt delegated","acts, in accordance with Article 37, in","order to identify the specific items of","marine equipment which can benefit from","electronic tagging, and to lay down","appropriate technical criteria as regards the","design, performance, affixing and use of","electronic tags."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-52","location":[["Proposal for a directive","Article 12 \u2013 paragraph 7"]],"meps":[36281],"meta":{"created":"2019-07-03T05:39:19"},"new":["7. Manufacturers shall indicate their name,","registered trade name or registered trade","mark and the address at which they can be","contacted on the product. The address must","indicate a single point at which the","manufacturer can be contacted."],"old":["7. Manufacturers shall indicate their name,","registered trade name or registered trade","mark and the address at which they can be","contacted on the product or, where that is","not possible, on its packaging or in a","document accompanying the product. The","address must indicate a single point at","which the manufacturer can be contacted."],"orig_lang":"ro","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-53","justification":" The contact details of the authorized representative should be included in the product\n information.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 7 a (new)"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"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."],"old":[""],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-54","justification":" Since English is the usual working language in shipping, it should be sufficient to provide the\n product information at least in English. The phrase \u2018a language which can be [easily]\n understood by the end-users\u2019 is too vague and could lead to considerable extra costs.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 8"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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."],"old":["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 a language which can be easily","understood by the end-users, together with","any other documentation required by the","international instruments or testing","standards."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-55","justification":"Since English is the usual working language in shipping, it should be sufficient to provide the\nproduct information at least in English. The phrase \u2018a language which can be [easily]\nunderstood by the end-users\u2019 is too vague and could lead to considerable extra costs.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 10"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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","\u00ab","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."],"old":["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 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."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-56","justification":" Manufacturers located in the territory of the EEA should not be obliged to appoint an\n authorized representative. This amendment also makes clear that one authorised\n representative in the Community is sufficient and that it is not necessary to appoint one for\n each Member State.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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."],"old":["1. A manufacturer who is not located in the","territory of a Member State shall, by a","written mandate, appoint an authorised","representative."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-57","justification":" Since English is the usual working language in shipping, it should be sufficient to provide the\n product information at least in English. The phrase \u2018a language which can be [easily]\n understood by the end-users\u2019 is too vague and could lead to considerable extra costs.","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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."],"old":["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 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."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-58","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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:"],"old":["2. Member States shall ensure that the","manufacturer or his authorized","","representative carry out the conformity","assessment, 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:"],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-59","justification":"It is common practice for Modules B + D, or B + E, or B + F to be applied.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 point a \u2013 indent 1"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["\u2013 production-quality assurance (module D),","or"],"old":["\u2013 production-quality assurance (module","D);"],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gilles Pargneaux","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-60","justification":" The EU declaration of conformity, which is dependent on other legislative acts, should only\n be updated when that is necessary, in order to avoid excessive administrative burdens.","location":[["Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[96948],"meta":{"created":"2019-07-03T05:39:19"},"new":["2. The EU declaration of conformity shall","follow the model structure set out in Annex","III to Decision No 768/2008/EC. It shall","contain the elements specified in the","relevant modules set out in Annex II to this","Directive and shall be continuously","updated, where necessary."],"old":["2. The EU declaration of conformity shall","follow the model structure set out in Annex","III to Decision No 768/2008/EC. It shall","contain the elements specified in the","relevant modules set out in Annex II to this","","","Directive and shall be continuously","updated."],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-61","justification":" Since English is the usual working language in shipping, it should be sufficient to provide the\n product information at least in English.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 4"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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."],"old":["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 translated into the language","or languages required by the flag State."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-62","justification":"The declaration of conformity is issued and kept by the manufacturer. In addition, a copy is\ncarried on the ship together with the equipment. Filing another copy does not therefore\nprovide any added value as far as safety is concerned, but merely means more red tape.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 5"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["deleted"],"old":["5. A copy of the EU declaration of","conformity shall be provided to the","notified body or to the bodies having","carried out the relevant conformity-","assessment procedures."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-63","justification":"The disclosure of information about assessment results is incompatible with the duty of\nprofessional secrecy of the employees of the notifying bodies laid down in Annex III.","location":[["Proposal for a directive","Article 24 \u2013 paragraph 2"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:19"},"new":["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 the","applications submitted."],"old":["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 with","information concerning negative and, on","request, positive conformity assessment","results."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gilles Pargneaux","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-64","justification":" Exchanges between the Member States\u2019 authorities must also cover market surveillance.","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 1"]],"meps":[96948],"meta":{"created":"2019-07-03T05:39:19"},"new":["The Commission shall provide for the","organisation of exchange of experience","between the Member States\u2019 national","authorities responsible for policy on","notification, especially as regards market","surveillance."],"old":["The Commission shall provide for the","organisation of exchange of experience","between the Member States\u2019 national","authorities responsible for notification","policy."],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-65","location":[[" Proposal for a directive","Article 27 \u2013 paragraph 4"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:20"},"new":["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."],"old":["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."],"orig_lang":"de","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Artur Zasada","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-66","location":[["Proposal for a directive","Article 29 \u2013 paragraph 6"]],"meps":[96778],"meta":{"created":"2019-07-03T05:39:20"},"new":["6. Where the non-compliance of the marine","equipment is attributed to shortcomings in","the testing standards referred to in Article","4, the Commission may, in order to fulfil","the objective of this Directive, confirm,","modify or revoke the said measure by","means of implementing acts.","Implementing powers shall be conferred","upon the Commission in order to adopt","interim harmonised requirements and","testing standards for that specific item of","marine equipment in order to remove the","threat to safety or to the environment","pending the modification of the testing","standard concerned by the relevant","international organisation and in","accordance with the criteria identified in","Article 8(2)."],"old":["6. Where the national measure is","considered justified and the non-","compliance of the marine equipment is","attributed to shortcomings in the testing","standards referred to in Article 4, the","Commission may confirm, modify or","revoke the said measure by means of","implementing acts in accordance with the","advisory procedure referred to in Article","38(2). The Commission shall furthermore","be empowered to adopt, by means of","delegated acts in accordance with the","procedure referred to in Article 37,","interim harmonised requirements and","testing standards for that specific item of","marine equipment in order to remove the","threat to safety or to the environment","pending the modification of the testing","standard concerned by the relevant","international organisation."],"orig_lang":"en","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Dominique Vlasto","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-67","location":[["Proposal for a directive","Article 30 \u2013 title"]],"meps":[5737],"meta":{"created":"2019-07-03T05:39:20"},"new":["Compliant products which present a risk to","maritime safety, to the protection of the","environment or to health"],"old":["Compliant products which present a risk to","maritime safety or to the protection of the","environment"],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gilles Pargneaux","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-68","justification":" The aim of this amendment is to make Article 4 more precise in order to resolve the issue of\n standards changing between the date of marking of the equipment and the date it is placed on\n board. Indeed, the implementing acts must be explicit for the various players concerned. They\n must, among other things, specify whether they are applicable to ships under construction or\n to ships already in service.","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 2"]],"meps":[96948],"meta":{"created":"2019-07-03T05:39:20"},"new":["2. For each item of marine equipment for","which the approval of the flag State","administration is required by the","international conventions, the Commission","shall identify by means of implementing","acts the respective design, construction and","performance requirements and the testing","standards provided for in the international","instruments. When adopting these acts, the","Commission shall also indicate the date","from which these requirements are to","apply."],"old":["2. For each item of marine equipment for","which the approval of the flag State","administration is required by the","international conventions, the Commission","shall identify by means of implementing","acts the respective design, construction and","performance requirements and the testing","standards provided for in the international","instruments."],"orig_lang":"fr","peid":"PE513.153v01-00","reference":"2012/0358(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.153+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Knut Fleckenstein, Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2013-06-05T00:00:00","id":"PE513.153-69","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 5 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96840,96870],"meta":{"created":"2019-07-03T05:39:20"},"new":["(a) the list and essential details of the","conformity certificates issued under this","Directive, provided by the notified 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PURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nThe Committee on Transport and Tourism adopted the\nreport by Dominique RIQUET (EPP, FR) on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nThe committee recommended that the position of\nParliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope: in the interests\nof legal clarity, Members stipulated that equipment already placed\non board when the Directive comes into force does not fall within\nthe scope of the directive.
\nConformity assessment: an amendment clarifies the fact that conformity\nassessment means the process carried out by notified\nbodies.
\nRequirements regarding marine\nequipment: in the case of new\nconstruction, Member States must use the date when the keel was\nlaid, or the date when the ship arrived at a similar stage of\nconstruction, as the reference date for determining the applicable\nrequirements.
\nWhen the application of a standard becomes obligatory,\nit should be possible to consult that standard free of\ncharge.
\nWheel mark: the option\nof electronic tagging to supplement or replace the wheel\nmark also needs to be further encouraged both to facilitate\nthe inspection of ships berthing in EU ports and to help combat\ncounterfeiting more effectively
\nObligations of economic operators: in order to create greater legal certainty for\nthe Member States and for companies and to avoid\ndifferences of interpretation when the Directive comes into\nforce, some of its provisions have been made more detailed. This\napplies particularly to:
\n\n· \nthe length of time for which technical\ndocumentation and EU declarations of conformity must be kept: these\nmust be kept for 10 years;
\n\n· \nthe duration of permission for the placing on\nboard ships of non-compliant equipment in cases of exemption or for\ntesting or assessment purposes: the permission shall be limited\nto the period of time, which must be as short as possible,\ndeemed necessary by the flag Member State for the purposes of\ntesting.
\nA manufacturer who is not established within the\nterritory of a Member State or in a State of the European Economic\nArea shall provide the name and contact address of his authorised\nrepresentative.
\nMarket surveillance:\nMembers stated that market surveillance measures must continue to\nbe proportionate to their objective, notably in relation to\nthe samples required by Member States for testing\npurposes
\nWhen the surveillance authorities of a Member State\nconsider that marine equipment covered by this Directive is liable\nto present a risk to maritime safety, environment or health,\nthey should carry out tests on the equipment concerned. In cases\nwhere a risk is detected,\nthe Member State should call upon the\neconomic operator concerned to take the appropriate corrective\naction, or even to withdraw or recall the equipment\nconcerned.
\nDelegated acts: Members\nproposed tighter provisions for the delegated acts\nprocedure, to which the Commission may have recourse to amend\nthe list of international conventions which require the flag\nStates approval of equipment to be placed on board ships\nflying its flag, and to update the references in Annex III of\nthe Directive to European and international standards.
\nFor each item of marine equipment for which the\napproval of the flag State administration is required by the\ninternational conventions, the Commission shall identify by means\nof delegated acts the respective design, construction and\nperformance requirements and the testing standards provided for in\nthe international instruments.
\nThe Committee on Transport and Tourism adopted the\nreport by Dominique RIQUET (EPP, FR) on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nThe committee recommended that the position of\nParliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope: in the interests\nof legal clarity, Members stipulated that equipment already placed\non board when the Directive comes into force does not fall within\nthe scope of the directive.
\nConformity assessment: an amendment clarifies the fact that conformity\nassessment means the process carried out by notified\nbodies.
\nRequirements regarding marine\nequipment: in the case of new\nconstruction, Member States must use the date when the keel was\nlaid, or the date when the ship arrived at a similar stage of\nconstruction, as the reference date for determining the applicable\nrequirements.
\nWhen the application of a standard becomes obligatory,\nit should be possible to consult that standard free of\ncharge.
\nWheel mark: the option\nof electronic tagging to supplement or replace the wheel\nmark also needs to be further encouraged both to facilitate\nthe inspection of ships berthing in EU ports and to help combat\ncounterfeiting more effectively
\nObligations of economic operators: in order to create greater legal certainty for\nthe Member States and for companies and to avoid\ndifferences of interpretation when the Directive comes into\nforce, some of its provisions have been made more detailed. This\napplies particularly to:
\n\n· \nthe length of time for which technical\ndocumentation and EU declarations of conformity must be kept: these\nmust be kept for 10 years;
\n\n· \nthe duration of permission for the placing on\nboard ships of non-compliant equipment in cases of exemption or for\ntesting or assessment purposes: the permission shall be limited\nto the period of time, which must be as short as possible,\ndeemed necessary by the flag Member State for the purposes of\ntesting.
\nA manufacturer who is not established within the\nterritory of a Member State or in a State of the European Economic\nArea shall provide the name and contact address of his authorised\nrepresentative.
\nMarket surveillance:\nMembers stated that market surveillance measures must continue to\nbe proportionate to their objective, notably in relation to\nthe samples required by Member States for testing\npurposes
\nWhen the surveillance authorities of a Member State\nconsider that marine equipment covered by this Directive is liable\nto present a risk to maritime safety, environment or health,\nthey should carry out tests on the equipment concerned. In cases\nwhere a risk is detected,\nthe Member State should call upon the\neconomic operator concerned to take the appropriate corrective\naction, or even to withdraw or recall the equipment\nconcerned.
\nDelegated acts: Members\nproposed tighter provisions for the delegated acts\nprocedure, to which the Commission may have recourse to amend\nthe list of international conventions which require the flag\nStates approval of equipment to be placed on board ships\nflying its flag, and to update the references in Annex III of\nthe Directive to European and international standards.
\nFor each item of marine equipment for which the\napproval of the flag State administration is required by the\ninternational conventions, the Commission shall identify by means\nof delegated acts the respective design, construction and\nperformance requirements and the testing standards provided for in\nthe international instruments.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nThe Committee on Transport and Tourism adopted the\nreport by Dominique RIQUET (EPP, FR) on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nThe committee recommended that the position of\nParliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope: in the interests\nof legal clarity, Members stipulated that equipment already placed\non board when the Directive comes into force does not fall within\nthe scope of the directive.
\nConformity assessment: an amendment clarifies the fact that conformity\nassessment means the process carried out by notified\nbodies.
\nRequirements regarding marine\nequipment: in the case of new\nconstruction, Member States must use the date when the keel was\nlaid, or the date when the ship arrived at a similar stage of\nconstruction, as the reference date for determining the applicable\nrequirements.
\nWhen the application of a standard becomes obligatory,\nit should be possible to consult that standard free of\ncharge.
\nWheel mark: the option\nof electronic tagging to supplement or replace the wheel\nmark also needs to be further encouraged both to facilitate\nthe inspection of ships berthing in EU ports and to help combat\ncounterfeiting more effectively
\nObligations of economic operators: in order to create greater legal certainty for\nthe Member States and for companies and to avoid\ndifferences of interpretation when the Directive comes into\nforce, some of its provisions have been made more detailed. This\napplies particularly to:
\n\n· \nthe length of time for which technical\ndocumentation and EU declarations of conformity must be kept: these\nmust be kept for 10 years;
\n\n· \nthe duration of permission for the placing on\nboard ships of non-compliant equipment in cases of exemption or for\ntesting or assessment purposes: the permission shall be limited\nto the period of time, which must be as short as possible,\ndeemed necessary by the flag Member State for the purposes of\ntesting.
\nA manufacturer who is not established within the\nterritory of a Member State or in a State of the European Economic\nArea shall provide the name and contact address of his authorised\nrepresentative.
\nMarket surveillance:\nMembers stated that market surveillance measures must continue to\nbe proportionate to their objective, notably in relation to\nthe samples required by Member States for testing\npurposes
\nWhen the surveillance authorities of a Member State\nconsider that marine equipment covered by this Directive is liable\nto present a risk to maritime safety, environment or health,\nthey should carry out tests on the equipment concerned. In cases\nwhere a risk is detected,\nthe Member State should call upon the\neconomic operator concerned to take the appropriate corrective\naction, or even to withdraw or recall the equipment\nconcerned.
\nDelegated acts: Members\nproposed tighter provisions for the delegated acts\nprocedure, to which the Commission may have recourse to amend\nthe list of international conventions which require the flag\nStates approval of equipment to be placed on board ships\nflying its flag, and to update the references in Annex III of\nthe Directive to European and international standards.
\nFor each item of marine equipment for which the\napproval of the flag State administration is required by the\ninternational conventions, the Commission shall identify by means\nof delegated acts the respective design, construction and\nperformance requirements and the testing standards provided for in\nthe international instruments.
\nThe European Parliament adopted by 598 votes to 18\nwith 13 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nParliament adopted its position at first reading under\nthe ordinary legislative procedure. The amendments adopted in\nplenary were the result of a compromise between Parliament and\nCouncil. They amend the Commissions proposal as\nfollows:
\nScope: the\nDirective should apply to equipment placed or to be placed on board an EU ship and\nfor which the approval of the flag State administration was\nrequired by the international instruments, regardless of whether\nthe ship is located in the Union at the time when it is fitted with\nthe equipment.
\nApplication: when Member\nStates issue, endorse or renew the certificates of the ships flying\ntheir flag as required by the\ninternational conventions, they should ensure that the marine\nequipment on board those ships complies with the requirements of\nthe Directive.
\nElectronic tag: in order\nto facilitate market surveillance and prevent the counterfeiting of\nspecific items of marine equipment, manufacturers may use an\nappropriate and reliable form of electronic tag instead of, or in addition to, the wheel mark.\nThe Commission should carry out a\ncost-benefit analysis concerning the use of the electronic tag as a\nsupplement or a replacement of the wheel mark.
\nThe Commission may adopt\ndelegated acts in order to identify the specific items of marine\nequipment, which could benefit from electronic tagging and would\nhave implanting powers to lay down appropriate technical\ncriteria as regards the design, performance, affixing and use\nof electronic tags.
\nThe wheel mark may be supplemented by an appropriate\nand reliable form of electronic tag within three years\nor may be replaced, five\nyears after the date of adoption of the appropriate technical\ncriteria by such a tag.
\nObligations of economic operators: in order to strengthen legal certainty for Member\nStates and firms, certain provisions were laid\ndown :
\n\n· \nmanufacturers must keep the technical\ndocumentation and the EU declaration of conformity for at\nleast 10 years after the wheel mark has been\naffixed ;
\n\n· \nmanufacturers who considered that a product to which they had affixed the\nwheel mark was not in conformity with the applicable design,\nconstruction and performance requirements and the testing standards\nmust immediately take the necessary corrective measures to bring\nthat product into conformity, to withdraw it or recall it, if\nappropriate.
\nA manufacturer who was not located in the territory of\nat least one Member State\nshould, by a written mandate, appoint an authorised representative\nfor the Union and indicate in the mandate the name of the\nauthorised representative and the address at which he might be\ncontacted.
\nFor at least 10 years after the wheel mark had been\naffixed and in no case less than the expected life of the\nmarine equipment concerned, economic operators on request, identify\nthe following to the market surveillance authorities: (a) any economic\noperator who had supplied them with a product; (b) any economic\noperator to whom they had supplied a product.
\nMarket surveillance:\nnational market surveillance infrastructures and programmes should\ntake into account the specific features of the marine equipment\nsector, including the various procedures carried out as part of the\nconformity assessment, and in\nparticular the responsibilities placed on the flag State administration by the\ninternational conventions.
\nWhere the market surveillance authorities of one\nMember State had sufficient reason to believe that marine equipment\ncovered by the Directive presented a risk to maritime safety, to health or to the\nenvironment, they must carry out an evaluation in relation to\nthe marine equipment concerned covering all the requirements laid\ndown in the Directive.
\nWhere the market surveillance authorities find that\nthe marine equipment did not comply with requirements, they will\nwithout delay require the relevant economic operator to take\nappropriate corrective actions to withdraw the equipment, or to\nrecall it
\nStandards for marine equipment: in exceptional circumstances where duly justified by\nan appropriate analysis and if it is necessary to remove an\nidentified unacceptable threat to maritime safety, to health or to\nthe environment due to a serious weakness or anomaly in an existing\nstandard for a specific item of marine equipment, the Commission\nshall be empowered to adopt, by means of delegated acts, harmonised\ntechnical specifications and testing standards for that specific\nitem of marine equipment, to the extent necessary to remedy the\nserious weakness or anomaly only.
\nExchange of experience:\nthe Commission should provide for the organisation of exchanges of\nexperience between the Member States' national authorities\nresponsible for notification policy, especially as regards market\nsurveillance. It should also ensure that appropriate coordination\nand cooperation between notified bodies were put in place and\nproperly operated in the form of a sectoral group of notified\nbodies.
\nLastly, when matters relating to the Directive, other\nthan its implementation or infringements, are being examined, i.e.\nin a Commission expert group, the European Parliament should\nin line with existing practice receive full information and\ndocumentation and, where appropriate, an invitation to attend such\nmeetings.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nPURPOSE: to bring up to date the rules on marine\nequipment relating to equipment to be placed on board ships in the\nEU.
\nLEGISLATIVE ACT: Directive 2014/90/EU of the European\nParliament and of the Council on marine equipment and repealing\nCouncil Directive 96/98/EC.
\nCONTENT: the Directive replaces Directive 96/98/EC and\nhas the following objectives:
\n\n· \nto enhance safety at sea and to prevent\nmarine pollution through the uniform\napplication of the International Maritime Organization (IMO),\nand
\n\n· \nto ensure the free movement of such equipment within the Union.
\nThe Directive applies to equipment placed or to be\nplaced on board an EU ship and for which the approval of the flag\nState administration is required by the international instruments,\nregardless of whether the ship is situated in the Union at the time\nwhen it is fitted with the equipment.
\nThe main points of the Directive are as\nfollows:
\nWheel mark: Member\nStates must ensure that marine equipment on board ships flying\ntheir flag complies with the requirements in the international and\nEuropean instruments. As proof of conformity, a specific sign, the\nwheel mark must be affixed to marine equipment the\ncompliance of which with the requirements laid down in the\nDirective has been demonstrated in accordance with the relevant\nconformity assessment procedures.
\nIn order to facilitate market surveillance and prevent\nthe counterfeiting of specific items of marine equipment,\nmanufacturers may use a reliable form of electronic tag\ninstead of, or in addition to, the wheel mark.
\nThe Commission shall carry out a cost-benefit analysis\nconcerning the use of the electronic tag as a supplement to, or a\nreplacement of, the wheel mark.
\nThe wheel mark may, within three years after\nthe date of adoption of the appropriate technical criteria, be\nsupplemented by an appropriate form of electronic tag, and may be\nreplaced five years after the date of adoption of the\nappropriate technical criteria as defined by the\nCommission.
\nAlignment with the New Legislative\nFramework: the new Directive\nstrengthens implementation of rules adopted in 1996. It aligns\nthese to the New Legislative Framework on marketing products in the\nEU set out in Regulation (EC)\nNo 765/2008 of the European Parliament and\nof the Council and\nDecision\nNo 768/2008/EC.
\nThe Directive:
\n\n· \nclarifies the responsibilities of economic\noperators: in particular,\nmanufacturers must: (i) manufacturers shall take on\nresponsibility for guaranteeing that the marine equipment to\nwhich the mark is affixed has been designed and manufactured in\naccordance with the technical specifications and standards; (ii)\nkeep the technical documentation and the EU declaration of\nconformity for at least 10 years after the wheel mark has\nbeen affixed; (iii) ensure that their products bear a type,\nbatch or serial number or other element allowing their\nidentification; (iv) indicate their name, registered trade name\nand the address at which they can be contacted on the product\nor, where that is not possible, on its packaging; (v) ensure that\nthe product is accompanied by instructions and all necessary\ninformation for safe installation on board and safe use of the\nproduct, that can be easily understood by users.
\n\n· \nstrengthen market surveillance, ensure\nverification of conformity and regular updating of EU\nrules: the Directive provides for a\nprocedure applicable to marine equipment presenting a risk\nat national level as well as a Union safeguard procedure.\nWhen the surveillance authorities of a Member State consider that\nmarine equipment covered by the Directive is liable to present a\nrisk to maritime safety, to health or to the environment, they\nwill carry out evaluations or tests in relation to the equipment\nconcerned. In cases where a risk is detected, the Member State\nshould call upon the economic operator concerned to take the\nappropriate corrective action, or even to withdraw or recall\nthe equipment concerned.
\nStandards for marine equipment: the Union shall pursue the development by the IMO\nand by standardisation bodies of appropriate international\nstandards, including detailed technical specifications and testing\nstandards, for marine equipment whose use or installation on board\nships is deemed necessary to enhance maritime safety and the\nprevention of marine pollution. The Commission shall monitor such\ndevelopment on a regular basis.
\nIn exceptional circumstances, the Commission shall be empowered to adopt, by means\nof delegated acts, harmonised technical specifications and testing\nstandards for that specific item of marine equipment in order to\nremove a serious and unacceptable threat to maritime safety, to\nhealth or to the environment.
\nExchange of experience:\nthe Commission shall provide for the organisation of exchanges of\nexperience between the Member States national authorities\nresponsible for notification policy, especially as regards market\nsurveillance. It shall also ensure that appropriate coordination\nand cooperation between notified bodies are put in place and\nproperly operated in the form of a sectoral group of notified\nbodies.
\nENTRY INTO FORCE: 17.9.2014.
\nTRANSPOSITION: 18.9.2016.
\nAPPLICATION: from 18.9.2016.
\nDELEGATED ACTS: the Commission may adopt delegated\nacts to keep up to date a non-essential element of the Directive,\nwhen new standards become available. Power to adopt such acts\nis conferred on the Commission for a period of five years from\n17 September 2014. The European Parliament or the Council may\nformulate objections to a delegated act within a period of two\nmonths of notification of that act (that period may be extended by\ntwo months). If Parliament or Council raise objections, the\ndelegated act will not enter into force.
\nPURPOSE: to enhance safety at sea and the prevention\nof marine pollution through the uniform application of the relevant\ninternational instruments relating to equipment to be placed on\nboard ships, and to ensure the free movement of such equipment\nwithin the Union.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the international maritime safety\nconventions require flag States to ensure that the equipment\ncarried on board ships complies with certain safety requirements as\nregards design, construction and performance, and to issue the\nrelevant certificates. To that end, detailed performance and\ntesting standards for certain types of marine equipment have been\ndeveloped by the International Maritime Organisation (IMO) and by\nthe international and European standardisation bodies.
\nThe international instruments leave a significant\nmargin of discretion to the flag administrations.
\nBack in 1995, the Commission clearly identified the\nproblems encountered in the Internal Market as a result of this\nstate of affairs and in the absence of EU harmonisation in the\nmarine equipment sector.
\nCouncil Directive\n96/98/EC on marine equipment\n(MED) thus laid down common rules to eliminate differences in the\nimplementation of international standards by means of a clearly\nidentified set of requirements and uniform certification\nprocedures.
\nExperience has shown that it is necessary to take\nadditional measures in order to\nenhance the implementation and enforcement mechanisms of the said\nDirective and simplify the regulatory environment while\nguaranteeing that IMO requirements are applied and implemented in a\nharmonised way across the Union.
\nDecision No\n768/2008 (New Legislative\nFramework) constitutes a general framework of a horizontal nature\nfor future legislation harmonising the conditions for the marketing\nof products and a reference text for existing legislation. This\ngeneral framework provides appropriate solutions to the problems\nidentified in the implementation of Directive 96/98/EC. It is\ntherefore necessary to incorporate the definitions and reference\nprovisions of Decision No 768/2008 into this Directive by making\nthe adaptations which are required by the specific features of the\nmarine equipment sector.
\nIMPACT ASSESSMENT: the impact assessment focused on\ntwo alternatives to the baseline (statu quo)\nscenario, namely: (i) a maximum alignment with the new legislative\nframework; and (ii) conditional alignment, allowing for a\nnumber of MED-specific measures in order to cater for the sector's\nparticular features.
\nThe analysis showed that conditional alignment\nwas the most effective and least burdensome solution and, at the\nsame time, it had the most positive overall economic, social and\nenvironmental impacts.
\nLEGAL BASIS: Article 100(2) of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: the proposal aims to establish requirements\nfor marine equipment to meet the safety standards laid down in the\napplicable international instruments, including the relevant\ntesting standards, in order to ensure that equipment which complies\nwith these requirements can circulate unimpeded within the Internal\nMarket and be placed on board ships flying the flag of any Member\nState .
\nScope: the scope of the\nDirective is defined by reference to equipment which is (a) due to\nbe installed on board a ship flying the flag of a Member State ,\nand (b) for which the approval of the flag State is required by the\ninternational conventions.
\nRequirements for marine equipment: these are defined by reference to the international\nconventions and instruments. As required by these, demonstration of\ncompliance is confined to the specific applicable testing\nstandards. Given the need to ensure continued consistency with the\ninternational regulatory framework, these requirements and\nstandards must apply in their up-to-date version.
\nResponsibility: the\nproposal provides that the flag State has the responsibility to\nensure that only equipment which has been duly approved in\naccordance with the then applicable requirements of the\ninternational instruments is placed on board ships flying its\nflag.
\nIn addition, the proposed Directive:
\nLastly, as regards the implementation measures,\nthe Commission:
\nBUDGETARY IMPLICATION: this proposal has no budgetary\nimplications. The tasks devolved to the Commission, including those\nfor which the assistance of the European Maritime Safety Agency is\nforeseen, are not expected to represent an increase in workload and\nwill be carried out with existing resources.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty on the Functioning of the European\nUnion.
\nThe Committee on Transport and Tourism adopted the\nreport by Dominique RIQUET (EPP, FR) on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nThe committee recommended that the position of\nParliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope: in the interests\nof legal clarity, Members stipulated that equipment already placed\non board when the Directive comes into force does not fall within\nthe scope of the directive.
\nConformity assessment: an amendment clarifies the fact that conformity\nassessment means the process carried out by notified\nbodies.
\nRequirements regarding marine\nequipment: in the case of new\nconstruction, Member States must use the date when the keel was\nlaid, or the date when the ship arrived at a similar stage of\nconstruction, as the reference date for determining the applicable\nrequirements.
\nWhen the application of a standard becomes obligatory,\nit should be possible to consult that standard free of\ncharge.
\nWheel mark: the option\nof electronic tagging to supplement or replace the wheel\nmark also needs to be further encouraged both to facilitate\nthe inspection of ships berthing in EU ports and to help combat\ncounterfeiting more effectively
\nObligations of economic operators: in order to create greater legal certainty for\nthe Member States and for companies and to avoid\ndifferences of interpretation when the Directive comes into\nforce, some of its provisions have been made more detailed. This\napplies particularly to:
\n\n· \nthe length of time for which technical\ndocumentation and EU declarations of conformity must be kept: these\nmust be kept for 10 years;
\n\n· \nthe duration of permission for the placing on\nboard ships of non-compliant equipment in cases of exemption or for\ntesting or assessment purposes: the permission shall be limited\nto the period of time, which must be as short as possible,\ndeemed necessary by the flag Member State for the purposes of\ntesting.
\nA manufacturer who is not established within the\nterritory of a Member State or in a State of the European Economic\nArea shall provide the name and contact address of his authorised\nrepresentative.
\nMarket surveillance:\nMembers stated that market surveillance measures must continue to\nbe proportionate to their objective, notably in relation to\nthe samples required by Member States for testing\npurposes
\nWhen the surveillance authorities of a Member State\nconsider that marine equipment covered by this Directive is liable\nto present a risk to maritime safety, environment or health,\nthey should carry out tests on the equipment concerned. In cases\nwhere a risk is detected,\nthe Member State should call upon the\neconomic operator concerned to take the appropriate corrective\naction, or even to withdraw or recall the equipment\nconcerned.
\nDelegated acts: Members\nproposed tighter provisions for the delegated acts\nprocedure, to which the Commission may have recourse to amend\nthe list of international conventions which require the flag\nStates approval of equipment to be placed on board ships\nflying its flag, and to update the references in Annex III of\nthe Directive to European and international standards.
\nFor each item of marine equipment for which the\napproval of the flag State administration is required by the\ninternational conventions, the Commission shall identify by means\nof delegated acts the respective design, construction and\nperformance requirements and the testing standards provided for in\nthe international instruments.
\nThe European Parliament adopted by 598 votes to 18\nwith 13 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on marine\nequipment and repealing Directive 96/98/EC.
\nParliament adopted its position at first reading under\nthe ordinary legislative procedure. The amendments adopted in\nplenary were the result of a compromise between Parliament and\nCouncil. They amend the Commissions proposal as\nfollows:
\nScope: the\nDirective should apply to equipment placed or to be placed on board an EU ship and\nfor which the approval of the flag State administration was\nrequired by the international instruments, regardless of whether\nthe ship is located in the Union at the time when it is fitted with\nthe equipment.
\nApplication: when Member\nStates issue, endorse or renew the certificates of the ships flying\ntheir flag as required by the\ninternational conventions, they should ensure that the marine\nequipment on board those ships complies with the requirements of\nthe Directive.
\nElectronic tag: in order\nto facilitate market surveillance and prevent the counterfeiting of\nspecific items of marine equipment, manufacturers may use an\nappropriate and reliable form of electronic tag instead of, or in addition to, the wheel mark.\nThe Commission should carry out a\ncost-benefit analysis concerning the use of the electronic tag as a\nsupplement or a replacement of the wheel mark.
\nThe Commission may adopt\ndelegated acts in order to identify the specific items of marine\nequipment, which could benefit from electronic tagging and would\nhave implanting powers to lay down appropriate technical\ncriteria as regards the design, performance, affixing and use\nof electronic tags.
\nThe wheel mark may be supplemented by an appropriate\nand reliable form of electronic tag within three years\nor may be replaced, five\nyears after the date of adoption of the appropriate technical\ncriteria by such a tag.
\nObligations of economic operators: in order to strengthen legal certainty for Member\nStates and firms, certain provisions were laid\ndown :
\n\n· \nmanufacturers must keep the technical\ndocumentation and the EU declaration of conformity for at\nleast 10 years after the wheel mark has been\naffixed ;
\n\n· \nmanufacturers who considered that a product to which they had affixed the\nwheel mark was not in conformity with the applicable design,\nconstruction and performance requirements and the testing standards\nmust immediately take the necessary corrective measures to bring\nthat product into conformity, to withdraw it or recall it, if\nappropriate.
\nA manufacturer who was not located in the territory of\nat least one Member State\nshould, by a written mandate, appoint an authorised representative\nfor the Union and indicate in the mandate the name of the\nauthorised representative and the address at which he might be\ncontacted.
\nFor at least 10 years after the wheel mark had been\naffixed and in no case less than the expected life of the\nmarine equipment concerned, economic operators on request, identify\nthe following to the market surveillance authorities: (a) any economic\noperator who had supplied them with a product; (b) any economic\noperator to whom they had supplied a product.
\nMarket surveillance:\nnational market surveillance infrastructures and programmes should\ntake into account the specific features of the marine equipment\nsector, including the various procedures carried out as part of the\nconformity assessment, and in\nparticular the responsibilities placed on the flag State administration by the\ninternational conventions.
\nWhere the market surveillance authorities of one\nMember State had sufficient reason to believe that marine equipment\ncovered by the Directive presented a risk to maritime safety, to health or to the\nenvironment, they must carry out an evaluation in relation to\nthe marine equipment concerned covering all the requirements laid\ndown in the Directive.
\nWhere the market surveillance authorities find that\nthe marine equipment did not comply with requirements, they will\nwithout delay require the relevant economic operator to take\nappropriate corrective actions to withdraw the equipment, or to\nrecall it
\nStandards for marine equipment: in exceptional circumstances where duly justified by\nan appropriate analysis and if it is necessary to remove an\nidentified unacceptable threat to maritime safety, to health or to\nthe environment due to a serious weakness or anomaly in an existing\nstandard for a specific item of marine equipment, the Commission\nshall be empowered to adopt, by means of delegated acts, harmonised\ntechnical specifications and testing standards for that specific\nitem of marine equipment, to the extent necessary to remedy the\nserious weakness or anomaly only.
\nExchange of experience:\nthe Commission should provide for the organisation of exchanges of\nexperience between the Member States' national authorities\nresponsible for notification policy, especially as regards market\nsurveillance. It should also ensure that appropriate coordination\nand cooperation between notified bodies were put in place and\nproperly operated in the form of a sectoral group of notified\nbodies.
\nLastly, when matters relating to the Directive, other\nthan its implementation or infringements, are being examined, i.e.\nin a Commission expert group, the European Parliament should\nin line with existing practice receive full information and\ndocumentation and, where appropriate, an invitation to attend such\nmeetings.
\nPURPOSE: to bring up to date the rules on marine\nequipment relating to equipment to be placed on board ships in the\nEU.
\nLEGISLATIVE ACT: Directive 2014/90/EU of the European\nParliament and of the Council on marine equipment and repealing\nCouncil Directive 96/98/EC.
\nCONTENT: the Directive replaces Directive 96/98/EC and\nhas the following objectives:
\n\n· \nto enhance safety at sea and to prevent\nmarine pollution through the uniform\napplication of the International Maritime Organization (IMO),\nand
\n\n· \nto ensure the free movement of such equipment within the Union.
\nThe Directive applies to equipment placed or to be\nplaced on board an EU ship and for which the approval of the flag\nState administration is required by the international instruments,\nregardless of whether the ship is situated in the Union at the time\nwhen it is fitted with the equipment.
\nThe main points of the Directive are as\nfollows:
\nWheel mark: Member\nStates must ensure that marine equipment on board ships flying\ntheir flag complies with the requirements in the international and\nEuropean instruments. As proof of conformity, a specific sign, the\nwheel mark must be affixed to marine equipment the\ncompliance of which with the requirements laid down in the\nDirective has been demonstrated in accordance with the relevant\nconformity assessment procedures.
\nIn order to facilitate market surveillance and prevent\nthe counterfeiting of specific items of marine equipment,\nmanufacturers may use a reliable form of electronic tag\ninstead of, or in addition to, the wheel mark.
\nThe Commission shall carry out a cost-benefit analysis\nconcerning the use of the electronic tag as a supplement to, or a\nreplacement of, the wheel mark.
\nThe wheel mark may, within three years after\nthe date of adoption of the appropriate technical criteria, be\nsupplemented by an appropriate form of electronic tag, and may be\nreplaced five years after the date of adoption of the\nappropriate technical criteria as defined by the\nCommission.
\nAlignment with the New Legislative\nFramework: the new Directive\nstrengthens implementation of rules adopted in 1996. It aligns\nthese to the New Legislative Framework on marketing products in the\nEU set out in Regulation (EC)\nNo 765/2008 of the European Parliament and\nof the Council and\nDecision\nNo 768/2008/EC.
\nThe Directive:
\n\n· \nclarifies the responsibilities of economic\noperators: in particular,\nmanufacturers must: (i) manufacturers shall take on\nresponsibility for guaranteeing that the marine equipment to\nwhich the mark is affixed has been designed and manufactured in\naccordance with the technical specifications and standards; (ii)\nkeep the technical documentation and the EU declaration of\nconformity for at least 10 years after the wheel mark has\nbeen affixed; (iii) ensure that their products bear a type,\nbatch or serial number or other element allowing their\nidentification; (iv) indicate their name, registered trade name\nand the address at which they can be contacted on the product\nor, where that is not possible, on its packaging; (v) ensure that\nthe product is accompanied by instructions and all necessary\ninformation for safe installation on board and safe use of the\nproduct, that can be easily understood by users.
\n\n· \nstrengthen market surveillance, ensure\nverification of conformity and regular updating of EU\nrules: the Directive provides for a\nprocedure applicable to marine equipment presenting a risk\nat national level as well as a Union safeguard procedure.\nWhen the surveillance authorities of a Member State consider that\nmarine equipment covered by the Directive is liable to present a\nrisk to maritime safety, to health or to the environment, they\nwill carry out evaluations or tests in relation to the equipment\nconcerned. In cases where a risk is detected, the Member State\nshould call upon the economic operator concerned to take the\nappropriate corrective action, or even to withdraw or recall\nthe equipment concerned.
\nStandards for marine equipment: the Union shall pursue the development by the IMO\nand by standardisation bodies of appropriate international\nstandards, including detailed technical specifications and testing\nstandards, for marine equipment whose use or installation on board\nships is deemed necessary to enhance maritime safety and the\nprevention of marine pollution. The Commission shall monitor such\ndevelopment on a regular basis.
\nIn exceptional circumstances, the Commission shall be empowered to adopt, by means\nof delegated acts, harmonised technical specifications and testing\nstandards for that specific item of marine equipment in order to\nremove a serious and unacceptable threat to maritime safety, to\nhealth or to the environment.
\nExchange of experience:\nthe Commission shall provide for the organisation of exchanges of\nexperience between the Member States national authorities\nresponsible for notification policy, especially as regards market\nsurveillance. It shall also ensure that appropriate coordination\nand cooperation between notified bodies are put in place and\nproperly operated in the form of a sectoral group of notified\nbodies.
\nENTRY INTO FORCE: 17.9.2014.
\nTRANSPOSITION: 18.9.2016.
\nAPPLICATION: from 18.9.2016.
\nDELEGATED ACTS: the Commission may adopt delegated\nacts to keep up to date a non-essential element of the Directive,\nwhen new standards become available. Power to adopt such acts\nis conferred on the Commission for a period of five years from\n17 September 2014. The European Parliament or the Council may\nformulate objections to a delegated act within a period of two\nmonths of notification of that act (that period may be extended by\ntwo months). If Parliament or Council raise objections, the\ndelegated act will not enter into force.
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