Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | LIBE | STEVENS Helga (ECR) | |
Lead | TRAN | BILBAO BARANDICA Izaskun (ALDE) | MONTEIRO DE AGUIAR Cláudia (EPP), UJHELYI István (S&D), TOMAŠIĆ Ruža (ECR), KYLLÖNEN Merja (GUE/NGL), TAYLOR Keith (Verts/ALE), D'AMATO Rosa (EFD), ARNAUTU Marie-Christine (ENF) |
Legal Basis TFEU 100-p2
Activites
- #3505
- 2016/12/01 Council Meeting
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2016/06/09
Committee referral announced in Parliament, 1st reading/single reading
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2016/06/06
Legislative proposal published
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COM(2016)0370
summary
PURPOSE: to simplify and streamline the existing EU passenger ship safety regulatory framework (registration of persons sailing on board). PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Council Directive 98/41/EC – the first piece of EU legislation dealing with information on persons on board - provides for counting and registration of passengers and crew on board of passenger ships operating to and from the EU ports. It aims to ensure that the safety of passengers is not compromised by exceeding the maximum authorised number of persons on board and that search and rescue in the aftermath of any accident can be dealt with effectively. Since 1998, however, other pieces of EU law and international conventions dealing with related issues have entered into force and new technological systems and solutions have been developed. This has resulted in increasingly complex and overlapping legal provisions dealing with the counting, registration and reporting of persons on board. Experience of implementation has shown that the information on persons on board is not always readily available to the competent authorities. According to the current requirements, this information has to be stored in the company's system and be – at all times – readily available for transmission to the competent authority responsible for search and rescue. This requirement ignores the development of systems such as SafeSeaNet and the National Single Window and requires that the national competent authority contacts the shipping company in the event of an emergency. Moreover, the recorded data does not always include information on nationality (i.e. besides name, age and sex), making the assistance provided to victims and their relatives more difficult. As a result, operators that already transmit such data to the National Single Window are subjected to a double reporting regime. In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission considers that the existing EU passenger ship safety regulatory framework should be simplified and streamlined in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of obligations and inconsistencies between related pieces of legislation. The proposal is fully consistent with the simplification proposals amending Directive 2009/45/EC of the European Parliament and of the Council and the new Directive replacing Council Directive 1999/35/EC. CONTENT: the Commission proposes to amend Directive 98/41/EC in order to update, clarify and simplify the existing requirements for counting and registration of passengers and crew on board passenger ships while enhancing the level of safety that they provide. The main amendments are as follows: to align as far as possible the definitions with the proposal amending Directive 2009/45/EC and with the proposal for a new Directive replacing 1999/35/EC and to align the responsibility of the passenger registrar with the proposal to remove the requirement for the information required by this Directive to be retained by the company ; to clarify the scope of the Directive and to bring it in line with the definition of port areas as defined in accordance with the proposal amending Directive 2009/45/EC; to replace the requirement to store the information on the number of persons on board in the company by recording it in the National Single Window or transmission by means of Automatic Identification System; to introduce the information on nationality of persons on board and to replace the requirement to store the lists of passengers and crew by the company by recording it in the National Single Window; to align the reference with the proposed means of data transmission and to clarify the responsibilities of Member States with respect to passenger ships flying the flag of a third country; to reflect the new role of the passenger registrar (i.e. not to store but to transmit the data) and to remove the requirement to set up a company passenger registration system; to reflect EU law on protection of personal data and specifies that personal data shall be destroyed by the company once transmitted to the single window (without prejudice to other reporting obligations); to remove the outdated reference to the exemption for regular services crossing the Strait of Messina, and to remove the possibility to exempt operators from transmitting the number of persons on board to the competent authorities; to ensure that the exemption criteria reflect the proximity of search and rescue facilities which are no longer included in the new definition of protected sea areas; to simplify the notification of exemptions via a database to be established and maintained for this purpose; to align Directive 98/41/EC with the provisions of the Treaty on the Functioning of the EU with regard to the power to adopt delegated and implementing acts conferred on the Commission. 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.
- DG {'url': 'http://ec.europa.eu/info/departments/mobility-and-transport_en', 'title': 'Mobility and Transport'}, BULC Violeta
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COM(2016)0370
summary
Documents
- Legislative proposal published: COM(2016)0370
- Debate in Council: 3505
Amendments | Dossier |
64 |
2016/0171(COD)
2017/03/10
TRAN
64 amendments...
Amendment 23 #
Proposal for a directive Recital 4 (4) The collection, transmission and sharing of ship-related data has been enabled, simplified and harmonised by the National Single Window referred to in Directive 2010/65/EU of the European Parliament and of the Council17 and SafeSeaNet referred to in Directive 2002/59/EC of the European Parliament and of the Council18
Amendment 24 #
Proposal for a directive Recital 4 (4) The collection, transmission and sharing of ship-related data has been enabled, simplified and harmonised by the National Single Window referred to in Directive 2010/65/EU of the European Parliament and of the Council17 and SafeSeaNet referred to in Directive 2002/59/EC of the European Parliament and of the Council18 . The information on the persons on board required by Directive 98/41/EC should therefore be recorded in the National Single Window that in the event of an emergency or accident allows the data to be readily available to the competent authority. This data should only be used for the purpose of passengers safety and handled in accordance with the EU legislation on data protection and privacy. _________________ 17 Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 1). 18 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
Amendment 25 #
Proposal for a directive Recital 5 a (new) (5 a) Member States should be allowed to maintain existing possibilities to lower the 20 mile threshold for recording and reporting the list of persons on board. This could include voyages where passenger ships carrying a high number of passengers make successive calls between ports at a distance of less than 20 miles during the course of a single longer voyage. In such cases, Member States should be allowed to lower the 20 mile threshold so as to make it possible to record the information required by this Directive for passengers on board having embarked in the first or intermediate ports.
Amendment 26 #
Proposal for a directive Recital 5 a (new) (5 a) Progress made in developing single windows at state level must be seen as a basis for moving towards a European single window in the future.
Amendment 27 #
Proposal for a directive Recital 6 (6) To reduce the anxiety of relatives in case of an accident and unnecessary delays in the consular assistance and other services, and to facilitate identification procedures, the communicated data should include information on nationality of persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.
Amendment 28 #
Proposal for a directive Recital 6 (6) To
Amendment 29 #
Proposal for a directive Recital 7 (7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship's departure, the
Amendment 30 #
Proposal for a directive Recital 7 (7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship's departure, the 30 minutes delay currently provided for by Directive 98/41/EC should be reduced to 15 minutes and considered as a maximum and used in exceptional cases only.
Amendment 31 #
Proposal for a directive Recital 7 (7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship's departure, on the
Amendment 32 #
Proposal for a directive Recital 7 (7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship's departure, the 30 minutes delay currently provided for by Directive 98/41/EC should be considered as a maximum
Amendment 33 #
Proposal for a directive Recital 7 a (new) (7a) Once the registration procedures have been completed, passengers should always be supplied with information on safety measures on the vessels and action to be taken in the event of an emergency.
Amendment 34 #
Proposal for a directive Recital 8 a (new) (8 a) This Directive should not apply to pleasure yachts or pleasure craft. In particular, this Directive should not apply to pleasure yachts or pleasure craft when they are bareboat chartered and not subsequently engaged in trade for the purposes of carrying passengers.
Amendment 35 #
(9) Member States should
Amendment 36 #
Proposal for a directive Recital 10 (10)
Amendment 37 #
Proposal for a directive Recital 10 (10)
Amendment 38 #
Proposal for a directive Recital 10 (10) In as much as measures entail the processing of personal data, those shall be carried out in accordance with Union law on the protection of personal data20
Amendment 39 #
Proposal for a directive Recital 11 (11)
Amendment 40 #
Proposal for a directive Recital 12 (12) To increase transparency and to facilitate the notification by Member States of exemptions and requests for derogation, a database should be established and maintained for this purpose by the Commission. It should include the notified measures in their draft and adopted form. The databank should be made publicly available by ensuring access through an Internet site.
Amendment 41 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a Directive 98/41/EC Article 2 – indent 2 – ‘passenger ship' shall mean a s
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c Directive 98/41/EC Article 2 – indent 9 Amendment 43 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 98/41/EC Article 4 – paragraph 2 Before the passenger ship departs the number of persons on board shall be communicated to the master of the passenger ship and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU of the European Parliament and of the Council
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 1 – indent 5 - their
Amendment 45 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 1 – indent 5 - their
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 1 – indent 5 -
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 1 – indent 5 -
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 98/41/EC Article 5 – paragraph 1 – indent 5a (new) - the 'habitual place of residence',
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 98/41/EC Article 5 – paragraph 1 – indent 5a (new) 1a. - a contact number in case of an emergency, when the passenger so requests;
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 2 2. That information shall always be collected before departure and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU upon the passenger ship's
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 2 2. That information shall be collected before departure and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU upon the passenger ship
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 2 2. That information shall be collected before departure and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU upon the passenger ship's departure but in no case later than
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 2 2. That information shall be collected before departure and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU upon the passenger ship's departure but in no case later than t
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 3 Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 3 3. Personal data collected for the purposes of this Directive sh
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 3 3. Personal data collected for the purposes of this Directive should not be processed and used for any other purpose
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 98/41/EC Article 5 – paragraph 3 3. Personal data collected for the purposes of this Directive sh
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 98/41/EC Article 5 – paragraph 3 a (new) 3 a. Member States shall ensure that, at the time when the information is collected pursuant to this Article, every person on board a passenger ship is provided, by the company assuming responsibility for operating that passenger ship, and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, with the information set out in Regulation (EU) 2016/679.
Amendment 59 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 paragraph 1 Each company assuming responsibility for operating a passenger ship shall, where required to record information under Articles 4 and 5 of this Directive, appoint a passenger registrar responsible for recording th
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 1 Each company assuming responsibility for operating a passenger ship shall, where required under Articles 4 and 5 of this
Amendment 61 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 2 Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be immediately destroyed.
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 2 Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be immediately destroyed.
Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 2 Personal data collected in accordance with
Amendment 64 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 2 Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other
Amendment 65 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 3 Each company shall ensure that information concerning passengers who have declared a need for special care or assistance in emergency situations is properly recorded and communicated to the master before the passenger ship departs. Sufficient time shall be allowed between this information being recorded and the ship's departure in order to ensure such passengers receive maximum care and assistance, as such requests might entail a higher than usual level of care and assistance.;
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 98/41/EC Article 8 – paragraph 3 Each company shall ensure that information concerning passengers who have declared a need for special care or assistance in emergency situations is properly recorded and communicated to the master before the passenger ship departs.; Each company shall ensure that the data collected is adequately protected against access by unauthorised third parties.
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 98/41/EC Article 8 – paragraph 3 a (new) Taking into account the state of the art and the cost of implementation, each company shall implement appropriate technical and organisational measures to protect personal data processed pursuant to Article 5 against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – indent 1 a (new) Directive 98/41/EC Article 9 – paragraph 2 – point b a (new) - Member States from whose ports ships depart may exempt passenger ships operating, exclusively in protected sea areas, regular services of less than one hour between port calls from the obligation laid down in Article 4(2).
Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – indent 1 a (new) Directive 98/41/EC Article 9 – paragraph 2 – point b a (new) - Where a passenger ship departs from a port of a Member State, that Member State may exempt it from the obligation to report the number of persons on board in the single window established pursuant to Article 5 of Directive 2010/65/EU, provided that that passenger ship is operating, exclusively in protected sea areas, regular services of less than one hour between port calls.
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – indent 1 a (new) Directive 98/41/EC Article 9 – paragraph 2 – point b a (new) - Where a passenger ship departs from a port of a Member State, that Member State may exempt it from the obligation to report the number of persons on board in the single window established pursuant to Article 5 of Directive 2010/65/EU, provided that that passenger ship is operating, exclusively in protected sea areas, regular services of less than one hour between port calls.
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – indent 2 Directive 98/41/EC Article 9 – paragraph 2 – point (c) (c) A Member State may exempt passenger ships sailing, exclusively in
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – point b Directive 98/41/EC Article 9 – paragraph 3 – point b (b) if within
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 98/41/EC Article 10 – subparagraph 2 Each Member State shall designate the authority that will have access to the information required under this Directive. Member States shall ensure that in the event of an emergency or in the aftermath of an accident, such designated authority has immediate access to the information required under this Directive. They shall also ensure that the data is protected against access by unauthorised authorities and third parties.
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 98/41/EC Article 10 – subparagraph 2 Each Member State shall designate
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 98/41/EC Article 10 – subparagraph 3 – point a (a) until
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 98/41/EC Article 10 – subparagraph 4 Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for th
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 98/41/EC Article 10 – subparagraph 4 Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for th
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 98/41/EC Article 11 – paragraph 1 1. For the purposes of this Directive
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) Directive 98/41/EC Article 11 a (new) (9 a) the following Article is inserted: "Article 11a 1. The processing of personal data pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679. 2. The processing of personal data by Union institutions and bodies pursuant to this Directive, such as in the Single Window and the SafeSeaNet, shall be carried out in accordance with Regulation (EC) No 45/2001.
Amendment 80 #
2. The power to adopt delegated acts referred to in Articles 9 and 12 shall be conferred on the Commission for a
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 98/41/EC Article 14 a – paragraph 1 The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 98/41/EC The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [
Amendment 83 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall adopt and publish, by [
Amendment 84 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall adopt and publish, by
Amendment 85 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 They shall apply those provisions from [
Amendment 86 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 They shall apply those provisions from [
source: 600.951
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