Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | RIQUET Dominique ( PPE) | FLECKENSTEIN Knut ( S&D), MEISSNER Gesine ( ALDE), TAYLOR Keith ( Verts/ALE), ZĪLE Roberts ( ECR) |
Committee Opinion | ENVI | ||
Committee Opinion | IMCO | ||
Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 100-p2
Legal Basis:
TFEU 100-p2Subjects
Events
PURPOSE: to bring up to date the rules on marine equipment relating to equipment to be placed on board ships in the EU.
LEGISLATIVE ACT: Directive 2014/90/EU of the European Parliament and of the Council on marine equipment and repealing Council Directive 96/98/EC.
CONTENT: the Directive replaces Directive 96/98/EC and has the following objectives:
· to enhance safety at sea and to prevent marine pollution through the uniform application of the International Maritime Organization (IMO), and
· to ensure the free movement of such equipment within the Union.
The Directive applies to equipment placed or 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 situated in the Union at the time when it is fitted with the equipment.
The main points of the Directive are as follows:
Wheel mark: Member States must ensure that marine equipment on board ships flying their flag complies with the requirements in the international and European instruments. As proof of conformity, a specific sign, the ‘wheel mark’ must be affixed to marine equipment the compliance of which with the requirements laid down in the Directive has been demonstrated in accordance with the relevant conformity assessment procedures.
In order to facilitate market surveillance and prevent the counterfeiting of specific items of marine equipment, manufacturers may use a reliable form of electronic tag instead of, or in addition to, the wheel mark.
The Commission shall carry out a cost-benefit analysis concerning the use of the electronic tag as a supplement to, or a replacement of, the wheel mark.
The wheel mark may, within three years after the date of adoption of the appropriate technical criteria, be supplemented by an appropriate form of electronic tag, and may be replaced five years after the date of adoption of the appropriate technical criteria as defined by the Commission.
Alignment with the New Legislative Framework : the new Directive strengthens implementation of rules adopted in 1996. It aligns these to the New Legislative Framework on marketing products in the EU set out in Regulation (EC) No 765/2008 of the European Parliament and of the Council and Decision No 768/2008/EC.
The Directive:
· clarifies the responsibilities of economic operators: in particular, manufacturers must: (i) manufacturers shall take on responsibility for guaranteeing that the marine equipment to which the mark is affixed has been designed and manufactured in accordance with the technical specifications and standards; (ii) keep the technical documentation and the EU declaration of conformity for at least 10 years after the wheel mark has been affixed; (iii) ensure that their products bear a type, batch or serial number or other element allowing their identification; (iv) indicate their name, registered trade name and the address at which they can be contacted on the product or, where that is not possible, on its packaging; (v) ensure that the product is accompanied by instructions and all necessary information for safe installation on board and safe use of the product, that can be easily understood by users.
· strengthen market surveillance, ensure verification of conformity and regular updating of EU rules: the Directive provides for a procedure applicable to marine equipment presenting a risk at national level as well as a Union safeguard procedure . When the surveillance authorities of a Member State consider that marine equipment covered by the Directive is liable to present a risk to maritime safety, to health or to the environment, they will carry out evaluations or tests in relation to the equipment concerned. In cases where a risk is detected, the Member State should call upon the economic operator concerned to take the appropriate corrective action , or even to withdraw or recall the equipment concerned.
Standards for marine equipment : the Union shall pursue the development by the IMO and by standardisation bodies of appropriate international standards, including detailed technical specifications and testing standards, for marine equipment whose use or installation on board ships is deemed necessary to enhance maritime safety and the prevention of marine pollution. The Commission shall monitor such development on a regular basis.
In exceptional circumstances , the Commission shall be empowered to adopt, by means of delegated acts, harmonised technical specifications and testing standards for that specific item of marine equipment in order to remove a serious and unacceptable threat to maritime safety, to health or to the environment.
Exchange of experience : the Commission shall provide for the organisation of exchanges of experience between the Member States’ national authorities responsible for notification policy, especially as regards market surveillance. It shall also ensure that appropriate coordination and cooperation between notified bodies are put in place and properly operated in the form of a sectoral group of notified bodies.
ENTRY INTO FORCE: 17.9.2014.
TRANSPOSITION: 18.9.2016.
APPLICATION: from 18.9.2016.
DELEGATED ACTS: the Commission may adopt delegated acts to keep up to date a non-essential element of the Directive, when new standards become available. Power to adopt such acts is conferred on the Commission for a period of five years from 17 September 2014 . The European Parliament or the Council may formulate objections to a delegated act within a period of two months of notification of that act (that period may be extended by two months). If Parliament or Council raise objections, the delegated act will not enter into force.
The European Parliament adopted by 598 votes to 18 with 13 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC.
Scope: the Directive should apply to equipment placed or to be placed on board an EU ship and for which the approval of the flag State administration was required by the international instruments, regardless of whether the ship is located in the Union at the time when it is fitted with the equipment.
Application: when Member States issue, endorse or renew the certificates of the ships flying their flag as required by the international conventions, they should ensure that the marine equipment on board those ships complies with the requirements of the Directive.
Electronic tag : in order to facilitate market surveillance and prevent the counterfeiting of specific items of marine equipment, manufacturers may use an appropriate and reliable form of electronic tag instead of, or in addition to, the wheel mark. The Commission should carry out a cost-benefit analysis concerning the use of the electronic tag as a supplement or a replacement of the wheel mark.
The Commission may adopt delegated acts in order to identify the specific items of marine equipment, which could benefit from electronic tagging and would have implanting powers to lay down appropriate technical criteria as regards the design, performance, affixing and use of electronic tags.
The wheel mark may be supplemented by an appropriate and reliable form of electronic tag within three years or may be replaced, five years after the date of adoption of the appropriate technical criteria by such a tag.
Obligations of economic operators : in order to strengthen legal certainty for Member States and firms, certain provisions were laid down :
· manufacturers must keep the technical documentation and the EU declaration of conformity for at least 10 years after the wheel mark has been affixed ;
· manufacturers who considered that a product to which they had affixed the wheel mark was not in conformity with the applicable design, construction and performance requirements and the testing standards must immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate.
A manufacturer who was not located in the territory of at least one Member State should, by a written mandate, appoint an authorised representative for the Union and indicate in the mandate the name of the authorised representative and the address at which he might be contacted.
For at least 10 years after the wheel mark had been affixed and in no case less than the expected life of the marine equipment concerned, economic operators on request, identify the following to the market surveillance authorities: (a) any economic operator who had supplied them with a product; (b) any economic operator to whom they had supplied a product.
Market surveillance : national market surveillance infrastructures and programmes should take into account the specific features of the marine equipment sector, including the various procedures carried out as part of the conformity assessment, and in particular the responsibilities placed on the flag State administration by the international conventions.
Where the market surveillance authorities of one Member State had sufficient reason to believe that marine equipment covered by the Directive presented a risk to maritime safety, to health or to the environment , they must carry out an evaluation in relation to the marine equipment concerned covering all the requirements laid down in the Directive.
Where the market surveillance authorities find that the marine equipment did not comply with requirements, they will without delay require the relevant economic operator to take appropriate corrective actions to withdraw the equipment, or to recall it.
Standards for marine equipment : in exceptional circumstances where duly justified by an appropriate analysis and if it is necessary to remove an identified unacceptable threat to maritime safety, to health or to the environment due to a serious weakness or anomaly in an existing standard for a specific item of marine equipment, the Commission shall be empowered to adopt, by means of delegated acts, harmonised technical specifications and testing standards for that specific item of marine equipment, to the extent necessary to remedy the serious weakness or anomaly only.
Exchange of experience : the Commission should provide for the organisation of exchanges of experience between the Member States' national authorities responsible for notification policy, especially as regards market surveillance. It should also ensure that appropriate coordination and cooperation between notified bodies were put in place and properly operated in the form of a sectoral group of notified bodies.
Lastly, when matters relating to the Directive, other than its implementation or infringements, are being examined, i.e. in a Commission expert group, the European Parliament should in line with existing practice receive full information and documentation and, where appropriate, an invitation to attend such meetings.
The Committee on Transport and Tourism adopted the report by Dominique RIQUET (EPP, FR) on the proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC.
The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Scope: in the interests of legal clarity, Members stipulated that equipment already placed on board when the Directive comes into force does not fall within the scope of the directive.
Conformity assessment: an amendment clarifies the fact that ‘conformity assessment’ means the process carried out by notified bodies .
Requirements regarding marine equipment : in the case of new construction, Member States must 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.
When the application of a standard becomes obligatory, it should be possible to consult that standard free of charge.
Wheel mark: the option of electronic tagging to supplement or replace the wheel mark also needs to be further encouraged both to facilitate the inspection of ships berthing in EU ports and to help combat counterfeiting more effectively
Obligations of economic operators : in order to create greater legal certainty for the Member States and for companies and to avoid differences of interpretation when the Directive comes into force, some of its provisions have been made more detailed. This applies particularly to:
· the length of time for which technical documentation and EU declarations of conformity must be kept: these must be kept for 10 years;
· the duration of permission for the placing on board ships of non-compliant equipment in cases of exemption or for testing or assessment purposes: the permission shall be limited to the period of time, which must be as short as possible, deemed necessary by the flag Member State for the purposes of testing.
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 authorised representative.
Market surveillance : Members stated that market surveillance measures must continue to be proportionate to their objective, notably in relation to the samples required by Member States for testing purposes
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, environment or health , they should carry out tests on the equipment concerned. In cases where a risk is detected, the Member State should call upon the economic operator concerned to take the appropriate corrective action, or even to withdraw or recall the equipment concerned.
Delegated acts : Members proposed tighter provisions for the delegated acts procedure , to which the Commission may have recourse to amend the list of international conventions which require the flag State’s approval of equipment to be placed on board ships flying its flag, and to update the references in Annex III of the Directive to European and international standards.
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 delegated acts the respective design, construction and performance requirements and the testing standards provided for in the international instruments.
PURPOSE: to enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international instruments relating to equipment to be placed on board ships, and to ensure the free movement of such equipment within the Union.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: the international maritime safety conventions require flag States to ensure that the equipment carried on board ships complies with certain safety requirements as regards design, construction and performance, and to issue the relevant certificates. To that end, detailed performance and testing standards for certain types of marine equipment have been developed by the International Maritime Organisation (IMO) and by the international and European standardisation bodies.
The international instruments leave a significant margin of discretion to the flag administrations .
Back in 1995, the Commission clearly identified the problems encountered in the Internal Market as a result of this state of affairs and in the absence of EU harmonisation in the marine equipment sector.
Council Directive 96/98/EC on marine equipment (MED) thus laid down common rules to eliminate differences in the implementation of international standards by means of a clearly identified set of requirements and uniform certification procedures.
Experience has shown that it is necessary to take additional measures in order to enhance the implementation and enforcement mechanisms of the said Directive and simplify the regulatory environment while guaranteeing that IMO requirements are applied and implemented in a harmonised way across the Union.
Decision No 768/2008 (New Legislative Framework) constitutes a general framework of a horizontal nature for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation. This general framework provides appropriate solutions to the problems identified in the implementation of Directive 96/98/EC. It is therefore necessary to incorporate the definitions and reference provisions of Decision No 768/2008 into this Directive by making the adaptations which are required by the specific features of the marine equipment sector.
IMPACT ASSESSMENT: the impact assessment focused on two alternatives to the baseline ( statu quo ) scenario, namely: (i) a maximum alignment with the new legislative framework; and (ii) conditional alignment , allowing for a number of MED-specific measures in order to cater for the sector's particular features.
The analysis showed that conditional alignment was the most effective and least burdensome solution and, at the same time, it had the most positive overall economic, social and environmental impacts.
LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposal aims to establish requirements for marine equipment to meet the safety standards laid down in the applicable international instruments, including the relevant testing standards, in order to ensure that equipment which complies with these requirements can circulate unimpeded within the Internal Market and be placed on board ships flying the flag of any Member State .
Scope : the scope of the Directive is defined by reference to equipment which is (a) due to be installed on board a ship flying the flag of a Member State , and (b) for which the approval of the flag State is required by the international conventions.
Requirements for marine equipment : these are defined by reference to the international conventions and instruments. As required by these, demonstration of compliance is confined to the specific applicable testing standards. Given the need to ensure continued consistency with the international regulatory framework, these requirements and standards must apply in their up-to-date version.
Responsibility : the proposal provides that the flag State has the responsibility to ensure that only equipment which has been duly approved in accordance with the then applicable requirements of the international instruments is placed on board ships flying its flag.
In addition, the proposed Directive:
provides the basis for the free movement of marine equipment within the EU, based on the concept of mutual recognition between Member States of equipment complying with the requirements laid down in the Directive; reflects the priority given to the international regulation of maritime safety , consistent with the global nature of shipping; governs the particular case of the transfer of a ship to a Member State's register based on the principle of compliance with the Directive’s requirements; established rules and conditions for affixing the wheel mark ; incorporates the reference provisions of Decision 768/2008 as regards the specific obligations of the economic operators ; lists the conformity-checking procedures made available to manufacturers; aligns the Directive with Decision 768/2008 as regards the EU declaration of conformity ; incorporates the reference provisions of Decision 768/2008 as regards notification , notifying authorities, notified bodies and their respective regimes; fully aligns the Directive with the general EU market surveillance framework , including as regards the safeguard procedure. Checks on board may be necessary and are therefore regulated; contains the specific regime in exceptional circumstances , largely taken from the existing Directive. This regime concerns exemptions in cases of technical innovation or for the purpose of testing and evaluation.
Lastly, as regards the implementation measures , the Commission:
shall be empowered to uniformly implement the requirement for marine equipment to comply with the specific design, construction and performance requirements laid down in the international instruments, including the relevant testing standards, as defined by the Legislator; is also empowered to adopt common criteria and procedures for the application of these requirements and standards; is charged with the task of gathering and publishing a significant package of information. This codifies and expands existing practice and will facilitate the implementation of the Directive by all actors.
BUDGETARY IMPLICATION: this proposal has no budgetary implications. The tasks devolved to the Commission, including those for which the assistance of the European Maritime Safety Agency is foreseen, are not expected to represent an increase in workload and will be carried out with existing resources.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Follow-up document: COM(2019)0034
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Directive 2014/90
- Final act published in Official Journal: OJ L 257 28.08.2014, p. 0146
- Final act published in Official Journal: Corrigendum to final act 32014L0090R(05)
- Final act published in Official Journal: OJ L 146 11.06.2018, p. 0008
- Draft final act: 00042/2014/LEX
- Commission response to text adopted in plenary: SP(2014)471
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0389/2014
- Committee report tabled for plenary, 1st reading: A7-0255/2013
- Debate in Council: 3243
- Amendments tabled in committee: PE513.153
- Committee draft report: PE510.511
- Economic and Social Committee: opinion, report: CES0609/2013
- Contribution: COM(2012)0772
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0437
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0438
- Legislative proposal published: COM(2012)0772
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2012)0437
- Document attached to the procedure: EUR-Lex SWD(2012)0438
- Economic and Social Committee: opinion, report: CES0609/2013
- Committee draft report: PE510.511
- Amendments tabled in committee: PE513.153
- Commission response to text adopted in plenary: SP(2014)471
- Draft final act: 00042/2014/LEX
- Follow-up document: COM(2019)0034 EUR-Lex
- Contribution: COM(2012)0772
Votes
A7-0255/2013 - Dominique Riquet - Résolution législative #
Amendments | Dossier |
59 |
2012/0358(COD)
2013/06/05
TRAN
59 amendments...
Amendment 30 #
Proposal for a directive Recital 4 (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 – 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.
Amendment 31 #
Proposal for a directive Recital 4 a (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.
Amendment 32 #
Proposal for a directive Recital 11 b (new) Amendment 33 #
Proposal for a directive Recital 13 (13) It is necessary to
Amendment 34 #
Proposal for a directive Recital 15 (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.
Amendment 35 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – introductory part (3) ‘international conventions’ 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:
Amendment 36 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – indent 5 Amendment 37 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – indent 5 Amendment 38 #
Proposal for a directive Article 2 – paragraph 1 – point 17 (17) ‘conformity assessment’ means the process carried out by the notified bodies, in accordance with Article 15 demonstrating whether marine equipment complies with the requirements laid down in this Directive
Amendment 39 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply to equipment to be placed on board an EU ship and for which the approval of the flag State administration is required by the international instruments, regardless of whether the ship is located in the Community at the time when it is fitted with the equipment.
Amendment 40 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply to equipment
Amendment 41 #
Proposal for a directive Article 4 – paragraph 1 a (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.
Amendment 42 #
Proposal for a directive Article 4 – paragraph 3 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.
Amendment 43 #
Proposal for a directive Article 4 – paragraph 4 4. The international instruments, with the exception of testing standards, shall apply in their up-to-date version, without prejudice to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council
Amendment 44 #
Proposal for a directive Article 8 – paragraph 2 2. I
Amendment 45 #
Proposal for a directive Article 8 – paragraph 2 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
Amendment 46 #
Proposal for a directive Article 10 – paragraph 1 1. The
Amendment 47 #
Proposal for a directive Article 10 – paragraph 1 1. The wheel mark shall be affixed visibly, legibly and indelibly to the product or to its data plate.
Amendment 48 #
Proposal for a directive Article 11 – paragraph 1 1. The wheel mark may be supplemented
Amendment 49 #
Proposal for a directive Article 11 – paragraph 1 1.
Amendment 50 #
Proposal for a directive Article 11 – paragraph 1 1. The wheel mark may be supplemented
Amendment 51 #
Proposal for a directive Article 11 – paragraph 2 2. The Commission shall adopt
Amendment 52 #
Proposal for a directive Article 12 – paragraph 7 7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the
Amendment 53 #
Proposal for a directive Article 12 – paragraph 7 a (new) 7a. A manufacturer who is not established within the territory of a Member State or in a State of the European Economic Area shall provide the name and contact address of his authorized representative.
Amendment 54 #
Proposal for a directive Article 12 – paragraph 8 8. Manufacturers shall ensure that the product is accompanied by instructions and all necessary information for safe installation on board and safe use of the product, including limitations of use, if any, in English or a language which can be easily understood by the end-users, together with any other documentation required by the international instruments or testing standards.
Amendment 55 #
Proposal for a directive Article 12 – paragraph 10 10. Manufacturers shall, further to a reasoned request from a competent national authority, promptly provide it with all the information and documentation necessary to demonstrate the conformity of the product, in English or a language which can be easily understood by that authority, and grant to that authority access to their premises for market surveillance purposes in accordance with Article 19 of « Regulation (EC) No 765/2008. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 56 #
Proposal for a directive Article 13 – paragraph 1 1. A manufacturer who is not located in the territory of a Member State or a State of the European Economic Area shall, by a written mandate, appoint an authorised representative in the Community.
Amendment 57 #
Proposal for a directive Article 14 – paragraph 2 2. Importers and distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in English or a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 58 #
Proposal for a directive Article 15 – paragraph 2 – introductory part 2. Member States shall ensure that the manufacturer or his authorized
Amendment 59 #
Proposal for a directive Article 15 – paragraph 2 – point a – indent 1 – production-quality assurance (module D)
Amendment 60 #
Proposal for a directive Article 16 – paragraph 2 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
Amendment 61 #
Proposal for a directive Article 16 – paragraph 4 4. When marine equipment is placed on board an EU ship, a copy of the EU declaration of conformity covering the equipment concerned shall be provided to the ship, and shall be kept on board until the said equipment is removed from the ship. It shall be drawn up in English or translated into the language or languages required by the flag State.
Amendment 62 #
Proposal for a directive Article 16 – paragraph 5 Amendment 63 #
Proposal for a directive Article 24 – paragraph 2 2. Notified bodies shall provide the Commission and the Member States, on request, with relevant information on issues relating to negative and positive conformity assessment results. Notified bodies shall provide the other notified bodies carrying out conformity assessment activities covering the same products on request with information concerning
Amendment 64 #
Proposal for a directive Article 25 – paragraph 1 The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for policy on notification
Amendment 65 #
Proposal for a directive Article 27 – paragraph 4 4. Where the market surveillance authorities of a Member State intend to carry out sample checks, they may request the manufacturer to make the necessary samples available at its own cost in the territory of that Member State, where this is feasible at a reasonable cost, or to grant the Member State on-the-spot access.
Amendment 66 #
Proposal for a directive Article 29 – paragraph 6 6. Where the
Amendment 67 #
Proposal for a directive Article 30 – title Compliant products which present a risk to maritime safety
Amendment 68 #
Proposal for a directive Article 35 – paragraph 2 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.
Amendment 69 #
Proposal for a directive Article 35 – paragraph 5 – subparagraph 1 – point a (a) the list and essential details of the conformity certificates issued under this Directive, provided by the notified bodies;
Amendment 70 #
Proposal for a directive Article 35 – paragraph 5 – point b (b) the list and essential details of the declarations of conformity issued under this Directive, provided by the manufacturers;
Amendment 71 #
Proposal for a directive Article 35 – paragraph 5 – point c (c) an up-to-date list of the applicable international instruments
Amendment 72 #
Proposal for a directive Article 36 – paragraph 1 – point a Amendment 73 #
Proposal for a directive Article 36 – paragraph 1 – point a Amendment 74 #
Proposal for a directive Article 36 – paragraph 1 – point b Amendment 75 #
Proposal for a directive Article 36 – paragraph 1 – point b (b) update the references to
Amendment 76 #
Proposal for a directive Article 37 – paragraph 2 2. The delegation of power referred to in Articles 8, 11, 29 and 36 shall be conferred on the Commission for a
Amendment 77 #
Proposal for a directive Annex 2 – part I – point 3 – paragraph 1 – indent 1 Amendment 78 #
Proposal for a directive Annex 2 – part I – point 3 – paragraph 1 – indent 1 Amendment 79 #
Proposal for a directive Annex 2 – part I – point 4.2 4.2. verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards and/or technical specifications, applicable requirements and testing standards as well as the elements which have been designed without applying the relevant provisions of those standards;
Amendment 80 #
Proposal for a directive Annex 2 – part I – point 8 – paragraph 3 The Commission
Amendment 81 #
Proposal for a directive Annex 2 – part II – point 3.1 – paragraph 1 – indent 1 Amendment 82 #
Proposal for a directive Annex 2 – part II – point 3.1 – paragraph 1 – indent 1 Amendment 83 #
Proposal for a directive Annex 2 – part III – point 3.1 – paragraph 1 – indent 1 Amendment 84 #
Proposal for a directive Annex 2 – part III – point 3.1 – paragraph 1 – indent 1 Amendment 85 #
Proposal for a directive Annex 2 – part IV – point 3 – paragraph 2 Amendment 86 #
Proposal for a directive Annex 2 – part IV – point 3 – paragraph 2 Amendment 87 #
Proposal for a directive Annex 2 – part V – point 2 – paragraph 1 – indent 1 Amendment 88 #
Proposal for a directive Annex 2 – part V – point 2 – paragraph 1 – indent 1 source: PE-513.153
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History
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procedure/Modified legal basis |
Rules of Procedure EP 150
|
procedure/Other legal basis |
Rules of Procedure EP 159
|
committees/0 |
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committees/0 |
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docs/5/body |
EC
|
events/4/docs/0/url |
Old
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events/6/docs/0/url |
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activities |
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council |
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otherinst |
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Economic and Social Committee Committee of the Regions
|
procedure/Modified legal basis |
Old
Rules of Procedure of the European Parliament EP 150New
Rules of Procedure EP 150 |
procedure/dossier_of_the_committee |
Old
TRAN/7/11547New
|
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Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0090New
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DirectiveNew
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European Economic and Social Committee European Committee of the Regions
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activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
|
links/European Commission/title |
Old
PreLexNew
EUR-Lex |
activities/9/docs/1/url |
Old
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0090&from=ENNew
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:257:TOC |
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Procedure completed |
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activities/0/date |
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2013-07-09T00:00:00New
2012-12-17T00:00:00 |
activities/0/docs |
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activities/0/type |
Old
Vote in committee, 1st reading/single readingNew
Legislative proposal published |
activities/1/committees/3/rapporteur/0/mepref |
Old
4de188020fb8127435bdc29cNew
4f1adac1b819f207b300008b |
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EP |
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2012-12-17T00:00:00New
2013-07-09T00:00:00 |
activities/3/docs |
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Legislative proposal publishedNew
Vote in committee, 1st reading/single reading |
activities/4/committees/3/rapporteur/0/mepref |
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4f1adac1b819f207b300008b |
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4f1ac807b819f25efd0000c2 |
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4f1ad99db819f207b3000027 |
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activities/4/committees/3/shadows/4/mepref |
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4f1adc04b819f207b30000f8 |
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4f1adac1b819f207b300008b |
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4f1ac457b819f25896000007 |
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4f1adcceb819f207b300013c |
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4f1adc04b819f207b30000f8 |
activities/7 |
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committees/3/shadows/0/group |
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activities/1/committees/3/shadows/0/group |
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S&D |
activities/1/committees/3/shadows/1/group |
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activities/1/committees/3/shadows/2/group |
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activities/1/committees/3/shadows/3/group |
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activities/1/committees/3/shadows/4/group |
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activities/3/committees/3/shadows/0/group |
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activities/3/committees/3/shadows/1/group |
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GUE/NGL |
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activities/4/committees/3/shadows/1/group |
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activities/4/committees/3/shadows/2/group |
Old
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activities/4/committees/3/shadows/3/group |
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activities/4/committees/3/shadows/4/group |
Old
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GUE/NGL |
committees/3/shadows/0/group |
Old
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committees/3/shadows/1/group |
Old
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ALDE |
committees/3/shadows/2/group |
Old
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committees/3/shadows/3/group |
Old
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ECR |
committees/3/shadows/4/group |
Old
GUE/NGLNew
GUE/NGL |
procedure/stage_reached |
Old
Awaiting signature of actNew
Procedure completed, awaiting publication in Official Journal |
procedure/subject/0 |
Old
2.10.03 Standardisation, EC standards and trade mark, certification, complianceNew
2.10.03 Standardisation, EC standards and trademark, certification, compliance |
activities/1/committees/3/shadows/0/group |
Old
S&DNew
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activities/1/committees/3/shadows/1/group |
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activities/1/committees/3/shadows/2/group |
Old
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activities/1/committees/3/shadows/3/group |
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activities/1/committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/3/committees/3/shadows/0/group |
Old
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activities/3/committees/3/shadows/1/group |
Old
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ALDE |
activities/3/committees/3/shadows/2/group |
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activities/3/committees/3/shadows/3/group |
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activities/3/committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/4/committees/3/shadows/0/group |
Old
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S&D |
activities/4/committees/3/shadows/1/group |
Old
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ALDE |
activities/4/committees/3/shadows/2/group |
Old
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activities/4/committees/3/shadows/3/group |
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activities/4/committees/3/shadows/4/group |
Old
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GUE/NGL |
committees/3/shadows/0/group |
Old
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S&D |
committees/3/shadows/1/group |
Old
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ALDE |
committees/3/shadows/2/group |
Old
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committees/3/shadows/3/group |
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committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/1/committees/3/shadows/0/group |
Old
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S&D |
activities/1/committees/3/shadows/1/group |
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ALDE |
activities/1/committees/3/shadows/2/group |
Old
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activities/1/committees/3/shadows/3/group |
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activities/1/committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/3 |
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activities/4/committees/3/shadows/0/group |
Old
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activities/4/committees/3/shadows/1/group |
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activities/4/committees/3/shadows/2/group |
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activities/4/committees/3/shadows/3/group |
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activities/4/committees/3/shadows/4/group |
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GUE/NGL |
activities/5/docs/0 |
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activities/5/type |
Old
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Results of vote in Parliament |
activities/6 |
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activities/7/body |
Old
EPNew
EP/CSL |
activities/7/committees |
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activities/7/date |
Old
2013-07-09T00:00:00New
2014-07-23T00:00:00 |
activities/7/type |
Old
Vote in committee, 1st reading/single readingNew
Act adopted by Council after Parliament's 1st reading |
committees/3/shadows/0/group |
Old
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Old
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committees/3/shadows/2/group |
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committees/3/shadows/3/group |
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committees/3/shadows/4/group |
Old
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GUE/NGL |
other/0 |
|
procedure/stage_reached |
Old
Provisional agreement between Parliament and Council on final actNew
Awaiting signature of act |
activities/1/committees/3/shadows/0/group |
Old
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S&D |
activities/1/committees/3/shadows/1/group |
Old
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ALDE |
activities/1/committees/3/shadows/2/group |
Old
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activities/1/committees/3/shadows/3/group |
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activities/1/committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/3/committees/3/shadows/0/group |
Old
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activities/3/committees/3/shadows/1/group |
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ALDE |
activities/3/committees/3/shadows/2/group |
Old
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Verts/ALE |
activities/3/committees/3/shadows/3/group |
Old
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activities/3/committees/3/shadows/4/group |
Old
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GUE/NGL |
activities/4/committees/3/shadows/0/group |
Old
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S&D |
activities/4/committees/3/shadows/1/group |
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activities/4/committees/3/shadows/2/group |
Old
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activities/4/committees/3/shadows/3/group |
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activities/4/committees/3/shadows/4/group |
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GUE/NGL |
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committees/3/shadows/1/group |
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committees/3/shadows/2/group |
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committees/3/shadows/3/group |
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activities/1/committees/3/shadows/0/group |
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activities/1/committees/3/shadows/1/group |
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activities/3/committees/3/shadows/0/group |
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activities/1/committees/3/date |
2013-01-21T00:00:00
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2013-01-21T00:00:00
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2013-01-21T00:00:00
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activities/3/committees/3/rapporteur |
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activities/3/committees/3/shadows |
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activities/4/committees/3/date |
2013-01-21T00:00:00
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activities/4/committees/3/rapporteur |
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activities/4/committees/3/shadows |
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committees/3/date |
2013-01-21T00:00:00
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committees/3/rapporteur |
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committees/3/shadows |
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procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 150
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activities/5/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0389
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activities/5/docs/0/text |
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procedure/stage_reached |
Old
Awaiting Council 1st reading position / budgetary conciliation convocationNew
Provisional agreement between Parliament and Council on final act |
activities/5/docs |
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activities/5/type |
Old
Vote in plenary scheduledNew
Decision by Parliament, 1st reading/single reading |
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting Council 1st reading position / budgetary conciliation convocation |
activities/2/docs |
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activities/2/docs |
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activities/0/docs/0/url |
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772 |
activities/5/date |
Old
2014-04-16T00:00:00New
2014-04-15T00:00:00 |
activities/5/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Vote in plenary scheduled |
activities/0 |
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activities/2/council |
Transport, Telecommunications and Energy
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activities/2/docs |
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activities/2/meeting_id |
3243
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activities/2/type |
Old
Debate in CouncilNew
Council Meeting |
activities/4 |
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activities/0 |
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activities/1/body |
Old
EPNew
CSL |
activities/1/committees |
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activities/1/date |
Old
2013-07-12T00:00:00New
2013-06-06T00:00:00 |
activities/1/docs |
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activities/1/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Debate in Council |
activities/2 |
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activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772New
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772 |
activities/2/docs/0/url |
Old
http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3243&dd_DATE_REUNION=06/06/2013&single_date=06/06/2013New
http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3243&dd_DATE_REUNION=06/06/2013&single_date=06/06/2013 |
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 138
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activities/5/date |
Old
2014-04-15T00:00:00New
2014-04-16T00:00:00 |
activities/0/docs/1 |
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activities/0/docs/2 |
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activities/0/type |
Old
Legislative proposalNew
Legislative proposal published |
activities/2 |
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activities/3 |
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activities/4 |
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activities/8/date |
Old
2014-03-11T00:00:00New
2014-04-15T00:00:00 |
activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
|
activities/2/docs/0/celexid |
CELEX:52013AE0609:EN
|
activities/2/docs/0/celexid |
CELEX:52013AE0609:EN
|
activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
|
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 138
|
procedure/legal_basis/0 |
Rules of Procedure of the European Parliament EP 138
|
activities/7/docs/0/text |
|
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 138
|
procedure/legal_basis/0 |
Rules of Procedure of the European Parliament EP 138
|
procedure/?!oeil-proposed_legal_basis!? |
Rules of Procedure of the European Parliament EP 138
|
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 138
|
procedure/?!oeil-proposed_legal_basis!? |
Rules of Procedure of the European Parliament EP 138
|
procedure/legal_basis/0 |
Rules of Procedure of the European Parliament EP 138
|
activities/7/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-255&language=EN
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activities/8/date |
Old
2013-10-22T00:00:00New
2014-03-11T00:00:00 |
activities/7 |
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procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/6/committees |
|
activities/6/type |
Old
Vote scheduled in committee, 1st reading/single readingNew
Vote in committee, 1st reading/single reading |
procedure/legal_basis/0 |
Rules of Procedure of the European Parliament EP 138
|
activities/5/docs |
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activities/5/docs |
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activities/5/docs/0/url |
Old
http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=&ff_COTE_DOSSIER_INST=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&dd_DATE_DOCUMENT=&document_date_single_comparator=&document_date_single_date=&document_date_from_date=&document_date_to_date=&meeting_date_single_comparator=%3D&meeting_date_from_date=&meeting_date_to_date=&fc=REGAISEN&srm=25&md=100&ssf=DATE_DOCUMENT+DESC&lang=EN&ff_FT_TEXT=3243&dd_DATE_REUNION=06/06/2013&meeting_date_single_date=06/06/2013New
http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3243&dd_DATE_REUNION=06/06/2013&meeting_date_single_date=06/06/2013 |
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting committee decision |
activities/5/docs |
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activities/4/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.153
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activities/2/docs/0/celexid |
CELEX:52013AE0609:EN
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activities/5 |
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activities/4 |
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activities/5/date |
Old
2013-09-09T00:00:00New
2013-10-22T00:00:00 |
activities/3/date |
Old
2013-04-25T00:00:00New
2013-04-29T00:00:00 |
activities/3/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.511
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activities/3 |
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procedure/subject/0 |
Old
2.10.03 Standardisation, EC standards and trade-mark, certification, complianceNew
2.10.03 Standardisation, EC standards and trade mark, certification, compliance |
activities/2 |
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activities/4 |
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activities/1/committees/3/shadows/2 |
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activities/1/committees/3/shadows/4 |
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activities/2 |
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committees/3/shadows/2 |
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committees/3/shadows/4 |
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activities/1/committees/3/shadows/0 |
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committees/3/shadows/0 |
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activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
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activities/1/committees/3/rapporteur/0/group |
Old
S&DNew
EPP |
activities/1/committees/3/rapporteur/0/mepref |
Old
4de188200fb8127435bdc2c8New
4de188020fb8127435bdc29c |
activities/1/committees/3/rapporteur/0/name |
Old
SIMPSON BrianNew
RIQUET Dominique |
activities/1/committees/3/shadows/1 |
|
committees/3/rapporteur/0/group |
Old
S&DNew
EPP |
committees/3/rapporteur/0/mepref |
Old
4de188200fb8127435bdc2c8New
4de188020fb8127435bdc29c |
committees/3/rapporteur/0/name |
Old
SIMPSON BrianNew
RIQUET Dominique |
committees/3/shadows/1 |
|
activities/0/docs/0/text/0 |
Old
PURPOSE: to enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international instruments relating to equipment to be placed on board ships, and to ensure the free movement of such equipment within the Union. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: the international maritime safety conventions require flag States to ensure that the equipment carried on board ships complies with certain safety requirements as regards design, construction and performance, and to issue the relevant certificates. To that end, detailed performance and testing standards for certain types of marine equipment have been developed by the International Maritime Organisation (IMO) and by the international and European standardisation bodies. The international instruments leave a significant margin of discretion to the flag administrations. Back in 1995, the Commission clearly identified the problems encountered in the Internal Market as a result of this state of affairs and in the absence of EU harmonisation in the marine equipment sector. Council Directive 96/98/EC on marine equipment (MED) thus laid down common rules to eliminate differences in the implementation of international standards by means of a clearly identified set of requirements and uniform certification procedures. Experience has shown that it is necessary to take additional measures in order to enhance the implementation and enforcement mechanisms of the said Directive and simplify the regulatory environment while guaranteeing that IMO requirements are applied and implemented in a harmonised way across the Union. Decision No 768/2008 (New Legislative Framework) constitutes a general framework of a horizontal nature for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation. This general framework provides appropriate solutions to the problems identified in the implementation of Directive 96/98/EC. It is therefore necessary to incorporate the definitions and reference provisions of Decision No 768/2008 into this Directive by making the adaptations which are required by the specific features of the marine equipment sector. IMPACT ASSESSMENT: the impact assessment focused on two alternatives to the baseline (statu quo) scenario, namely: (i) a maximum alignment with the new legislative framework; and (ii) conditional alignment, allowing for a number of MED-specific measures in order to cater for the sector's particular features. The analysis showed that conditional alignment was the most effective and least burdensome solution and, at the same time, it had the most positive overall economic, social and environmental impacts. LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposal aims to establish requirements for marine equipment to meet the safety standards laid down in the applicable international instruments, including the relevant testing standards, in order to ensure that equipment which complies with these requirements can circulate unimpeded within the Internal Market and be placed on board ships flying the flag of any Member State . Scope: the scope of the Directive is defined by reference to equipment which is (a) due to be installed on board a ship flying the flag of a Member State , and (b) for which the approval of the flag State is required by the international conventions. Requirements for marine equipment: these are defined by reference to the international conventions and instruments. As required by these, demonstration of compliance is confined to the specific applicable testing standards. Given the need to ensure continued consistency with the international regulatory framework, these requirements and standards must apply in their up-to-date version. Responsibility: the proposal provides that the flag State has the responsibility to ensure that only equipment which has been duly approved in accordance with the then applicable requirements of the international instruments is placed on board ships flying its flag. In addition, the proposed Directive:
Lastly, as regards the implementation measures, the Commission:
BUDGETARY IMPLICATION: this proposal has no budgetary implications. The tasks devolved to the Commission, including those for which the assistance of the European Maritime Safety Agency is foreseen, are not expected to represent an increase in workload and will be carried out with existing resources. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. New
PURPOSE: to enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international instruments relating to equipment to be placed on board ships, and to ensure the free movement of such equipment within the Union. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: the international maritime safety conventions require flag States to ensure that the equipment carried on board ships complies with certain safety requirements as regards design, construction and performance, and to issue the relevant certificates. To that end, detailed performance and testing standards for certain types of marine equipment have been developed by the International Maritime Organisation (IMO) and by the international and European standardisation bodies. The international instruments leave a significant margin of discretion to the flag administrations. Back in 1995, the Commission clearly identified the problems encountered in the Internal Market as a result of this state of affairs and in the absence of EU harmonisation in the marine equipment sector. Council Directive 96/98/EC on marine equipment (MED) thus laid down common rules to eliminate differences in the implementation of international standards by means of a clearly identified set of requirements and uniform certification procedures. Experience has shown that it is necessary to take additional measures in order to enhance the implementation and enforcement mechanisms of the said Directive and simplify the regulatory environment while guaranteeing that IMO requirements are applied and implemented in a harmonised way across the Union. Decision No 768/2008 (New Legislative Framework) constitutes a general framework of a horizontal nature for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation. This general framework provides appropriate solutions to the problems identified in the implementation of Directive 96/98/EC. It is therefore necessary to incorporate the definitions and reference provisions of Decision No 768/2008 into this Directive by making the adaptations which are required by the specific features of the marine equipment sector. IMPACT ASSESSMENT: the impact assessment focused on two alternatives to the baseline (statu quo) scenario, namely: (i) a maximum alignment with the new legislative framework; and (ii) conditional alignment, allowing for a number of MED-specific measures in order to cater for the sector's particular features. The analysis showed that conditional alignment was the most effective and least burdensome solution and, at the same time, it had the most positive overall economic, social and environmental impacts. LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposal aims to establish requirements for marine equipment to meet the safety standards laid down in the applicable international instruments, including the relevant testing standards, in order to ensure that equipment which complies with these requirements can circulate unimpeded within the Internal Market and be placed on board ships flying the flag of any Member State . Scope: the scope of the Directive is defined by reference to equipment which is (a) due to be installed on board a ship flying the flag of a Member State , and (b) for which the approval of the flag State is required by the international conventions. Requirements for marine equipment: these are defined by reference to the international conventions and instruments. As required by these, demonstration of compliance is confined to the specific applicable testing standards. Given the need to ensure continued consistency with the international regulatory framework, these requirements and standards must apply in their up-to-date version. Responsibility: the proposal provides that the flag State has the responsibility to ensure that only equipment which has been duly approved in accordance with the then applicable requirements of the international instruments is placed on board ships flying its flag. In addition, the proposed Directive:
Lastly, as regards the implementation measures, the Commission:
BUDGETARY IMPLICATION: this proposal has no budgetary implications. The tasks devolved to the Commission, including those for which the assistance of the European Maritime Safety Agency is foreseen, are not expected to represent an increase in workload and will be carried out with existing resources. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. |
procedure/Mandatory consultation of other institutions |
Economic and Social Committee Committee of the Regions
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procedure/type |
Old
COD - Ordinary legislative procedure (ex-codecision)New
COD - Ordinary legislative procedure (ex-codecision procedure) |
activities/1/committees/3/shadows |
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committees/3/shadows |
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activities/1/committees/3/date |
2013-01-21T00:00:00
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activities/1/committees/3/rapporteur |
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committees/3/date |
2013-01-21T00:00:00
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committees/3/rapporteur |
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activities/0/docs/0/text |
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activities/0/docs/0/celexid |
CELEX:52012PC0772:EN
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activities/1 |
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procedure/dossier_of_the_committee |
TRAN/7/11547
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procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities |
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committees |
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links |
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other |
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procedure |
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