BETA


2012/0358(COD) Marine equipment

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN RIQUET Dominique (icon: PPE PPE) FLECKENSTEIN Knut (icon: S&D S&D), MEISSNER Gesine (icon: ALDE ALDE), TAYLOR Keith (icon: Verts/ALE Verts/ALE), ZĪLE Roberts (icon: ECR ECR)
Committee Opinion ENVI
Committee Opinion IMCO
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 100-p2

Events

2019/02/01
   EC - Follow-up document
2014/08/28
   Final act published in Official Journal
Details

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.

2014/07/23
   CSL - Draft final act
Documents
2014/07/23
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2014/07/23
   CSL - Final act signed
2014/07/23
   EP - End of procedure in Parliament
2014/07/23
   CSL - Council Meeting
2014/07/09
   EC - Commission response to text adopted in plenary
Documents
2014/04/15
   EP - Results of vote in Parliament
2014/04/15
   EP - Decision by Parliament, 1st reading
Details

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.

Documents
2013/07/12
   EP - Committee report tabled for plenary, 1st reading
Details

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.

Documents
2013/07/09
   EP - Vote in committee, 1st reading
2013/06/06
   CSL - Debate in Council
Documents
2013/06/06
   CSL - Council Meeting
2013/06/05
   EP - Amendments tabled in committee
Documents
2013/04/29
   EP - Committee draft report
Documents
2013/03/20
   ESC - Economic and Social Committee: opinion, report
Documents
2013/02/14
   PT_PARLIAMENT - Contribution
Documents
2013/01/21
   EP - RIQUET Dominique (PPE) appointed as rapporteur in TRAN
2013/01/15
   EP - Committee referral announced in Parliament, 1st reading
2012/12/17
   EC - Legislative proposal
Details

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.

2012/12/17
   EC - Document attached to the procedure
2012/12/17
   EC - Document attached to the procedure

Documents

Votes

A7-0255/2013 - Dominique Riquet - Résolution législative #

2014/04/15 Outcome: +: 598, -: 18, 0: 13
DE FR IT GB ES PL RO SE BE CZ PT HU NL BG AT SK IE DK FI HR LT LV LU SI EL EE MT CY
Total
83
60
50
66
47
42
27
19
20
18
17
17
26
16
17
12
11
11
11
11
7
7
6
6
8
5
5
3
icon: PPE PPE
224

Czechia PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Greece PPE

1

Estonia PPE

For (1)

1

Malta PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
154
3

Netherlands S&D

3

Ireland S&D

2

Finland S&D

2

Lithuania S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

1
icon: ALDE ALDE
65
3

Finland ALDE

2

Lithuania ALDE

1

Luxembourg ALDE

For (1)

1

Slovenia ALDE

2

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
53

United Kingdom Verts/ALE

5

Portugal Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ECR ECR
51

Belgium ECR

For (1)

1

Netherlands ECR

For (1)

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1
icon: GUE/NGL GUE/NGL
33

United Kingdom GUE/NGL

1

Spain GUE/NGL

For (1)

1

Sweden GUE/NGL

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

Ireland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Croatia GUE/NGL

1

Latvia GUE/NGL

For (1)

1

Greece GUE/NGL

3

Cyprus GUE/NGL

1
icon: EFD EFD
23

France EFD

Against (1)

1

Poland EFD

3

Belgium EFD

Abstain (1)

1

Netherlands EFD

For (1)

1

Bulgaria EFD

Abstain (1)

1

Slovakia EFD

For (1)

1

Denmark EFD

1

Finland EFD

For (1)

1

Lithuania EFD

For (1)

1
icon: NI NI
25

Italy NI

2

Spain NI

1
2

Belgium NI

Abstain (1)

1

Hungary NI

1

Ireland NI

For (1)

1
AmendmentsDossier
59 2012/0358(COD)
2013/06/05 TRAN 59 amendments...
source: PE-513.153

History

(these mark the time of scraping, not the official date of the change)

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activities
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  • date: 2013-01-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-01-21T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: RIQUET Dominique
  • body: CSL meeting_id: 3243 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3243*&MEET_DATE=06/06/2013 type: Debate in Council title: 3243 council: Transport, Telecommunications and Energy date: 2013-06-06T00:00:00 type: Council Meeting
  • date: 2013-07-09T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-01-21T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: RIQUET Dominique
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-255&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0255/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-01-21T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: RIQUET Dominique date: 2013-07-12T00:00:00
  • date: 2014-04-15T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23291&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0389 type: Decision by Parliament, 1st reading/single reading title: T7-0389/2014 body: EP type: Results of vote in Parliament
  • date: 2014-07-23T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3330
  • date: 2014-07-23T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-07-23T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2014-08-28T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0090 title: Directive 2014/90 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:257:TOC title: OJ L 257 28.08.2014, p. 0146
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  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3243 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3243*&MEET_DATE=06/06/2013 date: 2013-06-06T00:00:00
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  • date: 2012-12-17T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0437:FIN:EN:PDF title: EUR-Lex title: SWD(2012)0437 type: Document attached to the procedure body: EC
  • date: 2012-12-17T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0438:FIN:EN:PDF title: EUR-Lex title: SWD(2012)0438 type: Document attached to the procedure body: EC
  • date: 2013-03-20T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0609)(documentyear:2013)(documentlanguage:EN) title: CES0609/2013 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2013-04-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.511 title: PE510.511 type: Committee draft report body: EP
  • date: 2013-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.153 title: PE513.153 type: Amendments tabled in committee body: EP
  • date: 2014-07-09T00:00:00 docs: url: /oeil/spdoc.do?i=23291&j=0&l=en title: SP(2014)471 type: Commission response to text adopted in plenary
  • date: 2014-07-23T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F14&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00042/2014/LEX type: Draft final act body: CSL
  • date: 2019-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2019/0034/COM_COM(2019)0034_EN.pdf title: COM(2019)0034 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2019&nu_doc=0034 title: EUR-Lex type: Follow-up document body: EC
  • date: 2013-02-14T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0772 title: COM(2012)0772 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-12-17T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0772/COM_COM(2012)0772_EN.doc title: COM(2012)0772 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772 title: EUR-Lex summary: 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.
  • date: 2013-01-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-06-06T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3243*&MEET_DATE=06/06/2013 title: 3243
  • date: 2013-07-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-07-12T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-255&language=EN title: A7-0255/2013 summary: 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.
  • date: 2014-04-15T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23291&l=en title: Results of vote in Parliament
  • date: 2014-04-15T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0389 title: T7-0389/2014 summary: 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.
  • date: 2014-07-23T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2014-07-23T00:00:00 type: Final act signed body: CSL
  • date: 2014-07-23T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-08-28T00:00:00 type: Final act published in Official Journal summary: 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. docs: title: Directive 2014/90 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0090 title: OJ L 257 28.08.2014, p. 0146 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:257:TOC title: Corrigendum to final act 32014L0090R(05) url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32014L0090R(05) title: OJ L 146 11.06.2018, p. 0008 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2018:146:TOC
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  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
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  • name: European Economic and Social Committee
  • name: European Committee of the Regions
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  • TRAN/7/11547
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0090
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Directive
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  • Directive
  • Repealing Directive 96/98/EC 1995/0163(SYN) Amended by 2017/0353(COD)
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European Economic and Social Committee European Committee of the Regions
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Old
  • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
  • 3.20.03.01 Maritime safety
  • 3.20.15.06 Maritime or inland transport agreements and cooperation
  • 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
  • 4.60.08 Safety of products and services, product liability
New
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
3.20.03
Maritime transport: passengers and freight
3.20.15.06
Maritime or inland transport agreements and cooperation
procedure/summary
  • Repealing Directive 96/98/EC
activities/0/docs/0/celexid
CELEX:52012PC0772:EN
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CELEX:52012PC0772:EN
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activities/9/text
  • 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.

activities/9
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2014-08-28T00:00:00
docs
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title
Directive 2014/90
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activities/3/committees/3/shadows/3/group
Old
ECR
New
ECR
activities/3/committees/3/shadows/4/group
Old
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New
GUE/NGL
activities/4/committees/3/shadows/0/group
Old
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New
S&D
activities/4/committees/3/shadows/1/group
Old
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New
ALDE
activities/4/committees/3/shadows/2/group
Old
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New
Verts/ALE
activities/4/committees/3/shadows/3/group
Old
ECR
New
ECR
activities/4/committees/3/shadows/4/group
Old
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New
GUE/NGL
committees/3/shadows/0/group
Old
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New
S&D
committees/3/shadows/1/group
Old
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New
ALDE
committees/3/shadows/2/group
Old
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New
Verts/ALE
committees/3/shadows/3/group
Old
ECR
New
ECR
committees/3/shadows/4/group
Old
GUE/NGL
New
GUE/NGL
activities/1/committees/3/shadows/0/group
Old
S&D
New
S&D
activities/1/committees/3/shadows/1/group
Old
ALDE
New
ALDE
activities/1/committees/3/shadows/2/group
Old
Verts/ALE
New
Verts/ALE
activities/1/committees/3/shadows/3/group
Old
ECR
New
ECR
activities/1/committees/3/shadows/4/group
Old
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New
GUE/NGL
activities/3/committees/3/shadows/0/group
Old
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New
S&D
activities/3/committees/3/shadows/1/group
Old
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New
ALDE
activities/3/committees/3/shadows/2/group
Old
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New
Verts/ALE
activities/3/committees/3/shadows/3/group
Old
ECR
New
ECR
activities/3/committees/3/shadows/4/group
Old
GUE/NGL
New
GUE/NGL
activities/4/committees/3/shadows/0/group
Old
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New
S&D
activities/4/committees/3/shadows/1/group
Old
ALDE
New
ALDE
activities/4/committees/3/shadows/2/group
Old
Verts/ALE
New
Verts/ALE
activities/4/committees/3/shadows/3/group
Old
ECR
New
ECR
activities/4/committees/3/shadows/4/group
Old
GUE/NGL
New
GUE/NGL
committees/3/shadows/0/group
Old
S&D
New
S&D
committees/3/shadows/1/group
Old
ALDE
New
ALDE
committees/3/shadows/2/group
Old
Verts/ALE
New
Verts/ALE
committees/3/shadows/3/group
Old
ECR
New
ECR
committees/3/shadows/4/group
Old
GUE/NGL
New
GUE/NGL
activities/1/committees/3/date
2013-01-21T00:00:00
activities/1/committees/3/rapporteur
  • group: PPE name: RIQUET Dominique
activities/1/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
activities/3/committees/3/date
2013-01-21T00:00:00
activities/3/committees/3/rapporteur
  • group: PPE name: RIQUET Dominique
activities/3/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
activities/4/committees/3/date
2013-01-21T00:00:00
activities/4/committees/3/rapporteur
  • group: PPE name: RIQUET Dominique
activities/4/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
committees/3/date
2013-01-21T00:00:00
committees/3/rapporteur
  • group: PPE name: RIQUET Dominique
committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
activities/1/committees/3/date
2013-01-21T00:00:00
activities/1/committees/3/rapporteur
  • group: EPP name: RIQUET Dominique
activities/1/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
activities/3/committees/3/date
2013-01-21T00:00:00
activities/3/committees/3/rapporteur
  • group: EPP name: RIQUET Dominique
activities/3/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
activities/4/committees/3/date
2013-01-21T00:00:00
activities/4/committees/3/rapporteur
  • group: EPP name: RIQUET Dominique
activities/4/committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
committees/3/date
2013-01-21T00:00:00
committees/3/rapporteur
  • group: EPP name: RIQUET Dominique
committees/3/shadows
  • group: S&D name: FLECKENSTEIN Knut
  • group: ALDE name: MEISSNER Gesine
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
  • group: GUE/NGL name: TOUSSAS Georgios
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/5/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0389
activities/5/docs/0/text
  • 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.

    Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of a compromise between Parliament and Council. They amend the Commission’s proposal as follows:

    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.

procedure/stage_reached
Old
Awaiting Council 1st reading position / budgetary conciliation convocation
New
Provisional agreement between Parliament and Council on final act
activities/5/docs
  • type: Decision by Parliament, 1st reading/single reading title: T7-0389/2014
activities/5/type
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
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Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting Council 1st reading position / budgetary conciliation convocation
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  • url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3243*&MEET_DATE=06/06/2013 type: Debate in Council title: 3243
activities/2/docs
  • url: http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3243&dd_DATE_REUNION=06/06/2013&single_date=06/06/2013 type: Debate in Council title: 3243
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Old
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New
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Indicative plenary sitting date, 1st reading/single reading
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date
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EC
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type
Legislative proposal published
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Transport, Telecommunications and Energy
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Old
EP
New
CSL
activities/1/committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-01-21T00:00:00 committee_full: Transport and Tourism rapporteur: group: EPP name: RIQUET Dominique
activities/1/date
Old
2013-07-12T00:00:00
New
2013-06-06T00:00:00
activities/1/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-255&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0255/2013
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type
Council Meeting
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Old
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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
activities/5/date
Old
2014-04-15T00:00:00
New
2014-04-16T00:00:00
activities/0/docs/1
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0437:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2012)0437
activities/0/docs/2
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0438:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2012)0438
activities/0/type
Old
Legislative proposal
New
Legislative proposal published
activities/2
date
2013-03-20T00:00:00
docs
url: http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=609&year=2013 title: CES0609/2013 type: Economic and Social Committee: opinion, report celexid: CELEX:52013AE0609:EN
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ESOC
type
Economic and Social Committee: opinion, report
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date
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docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.511 type: Committee draft report title: PE510.511
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EP
type
Committee draft report
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2013-06-05T00:00:00
docs
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activities/8/date
Old
2014-03-11T00:00:00
New
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
  • 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.

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
activities/8/date
Old
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New
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  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-01-21T00:00:00 committee_full: Transport and Tourism rapporteur: group: EPP name: RIQUET Dominique
activities/6/type
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Rules of Procedure of the European Parliament EP 138
activities/5/docs
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procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting committee decision
activities/5/docs
  • url: 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=06/06/2013 type: Debate in Council title: 3243
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CSL
type
Council Meeting
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Transport, Telecommunications and Energy
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2013-06-05T00:00:00
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type: Amendments tabled in committee title: PE513.153
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Amendments tabled in committee
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2013-09-09T00:00:00
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2013-10-22T00:00:00
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2013-04-25T00:00:00
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2013-04-29T00:00:00
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procedure/subject/0
Old
2.10.03 Standardisation, EC standards and trade-mark, certification, compliance
New
2.10.03 Standardisation, EC standards and trade mark, certification, compliance
activities/2
date
2013-03-20T00:00:00
docs
url: http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=609&year=2013 type: Economic and Social Committee: opinion, report title: CES0609/2013
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Verts/ALE
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TAYLOR Keith
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GUE/NGL
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TOUSSAS Georgios
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2013-07-09T00:00:00
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FLECKENSTEIN Knut
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FLECKENSTEIN Knut
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CELEX:52012PC0772:EN
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CELEX:52012PC0772:EN
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S&D
New
EPP
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4de188200fb8127435bdc2c8
New
4de188020fb8127435bdc29c
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SIMPSON Brian
New
RIQUET Dominique
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ECR
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ZĪLE Roberts
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S&D
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EPP
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SIMPSON Brian
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RIQUET Dominique
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ECR
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ZĪLE Roberts
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:

  • 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.

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:

  • 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.

procedure/Mandatory consultation of other institutions
Economic and Social Committee Committee of the Regions
procedure/type
Old
COD - Ordinary legislative procedure (ex-codecision)
New
COD - Ordinary legislative procedure (ex-codecision procedure)
activities/1/committees/3/shadows
  • group: ALDE name: MEISSNER Gesine
committees/3/shadows
  • group: ALDE name: MEISSNER Gesine
activities/1/committees/3/date
2013-01-21T00:00:00
activities/1/committees/3/rapporteur
  • group: S&D name: SIMPSON Brian
committees/3/date
2013-01-21T00:00:00
committees/3/rapporteur
  • group: S&D name: SIMPSON Brian
activities/0/docs/0/text
  • 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.

activities/0/docs/0/celexid
CELEX:52012PC0772:EN
activities/1
date
2013-01-15T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
TRAN/7/11547
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities
  • date: 2012-12-17T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=772 type: Legislative proposal published title: COM(2012)0772 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0437:FIN:EN:PDF type: Document attached to the procedure title: SWD(2012)0437 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0438:FIN:EN:PDF type: Document attached to the procedure title: SWD(2012)0438 body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim type: Legislative proposal
committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Transport and Tourism committee: TRAN
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure
reference
2012/0358(COD)
instrument
Directive
legal_basis
Treaty on the Functioning of the EU TFEU 100-p2
stage_reached
Preparatory phase in Parliament
summary
Repealing Directive 96/98/EC
subtype
Legislation
title
Marine equipment
type
COD - Ordinary legislative procedure (ex-codecision)
subject