A4-0291/95

Proposal for a Council Directive on marine equipment (COM(95)0269 - C4-0328/95 - 95/0163(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1

>Original text>

Whereas in the framework of the common transport policy it is necessary in the sector of maritime transport to lay down further measures to ensure transport safety;

>Text following EP vote>

Whereas in the framework of the common transport policy there should be a harmonized implementation of the international testing methods and standards for products used as ships equipment so as to guarantee a uniform, high level of safety, which will help both to limit the loss of human life and to prevent pollution of ports and coasts;

(Amendment 2)

Article 2, definitions, 'EU ship¨

>Original text>

'EU ship':

means a ship for which safety certificates are issued by Member States pursuant to International Conventions,

>Text following EP vote>

'EU ship':

means a ship which is registered in a Member State and which flies its flag in accordance with its legislation,

(Amendment 3)

Article 2, definitions, 'New ship¨, introduction

>Original text>

'new ship':

means a ship, the keel of which is laid or which is at a similar stage of construction on or after the date of adoption of this Directive. For the purpose of this definition, a similar stage of construction means the stage at which:

>Text following EP vote>

'new ship':

means a ship, the keel of which is laid or which is at a similar stage of construction on or after the date of entry into force of this Directive. For the purpose of this definition, a similar stage of construction means the stage at which:

(Amendment 12)

Article 2, definitions, 'Testing standards¨

>Original text>

'Testing standards':

means the standards set out by the International Maritime Organization (IMO), the International Organization for Standardization (ISO), the European Telecommunication Standards Institute (ETSI) and the International Electro- Technical Commission (IEC), in force at the date of adoption of this Directive, and established in accordance with the relevant International Conventions and with the relevant resolutions and circulars of the International Maritime Organization to define the methods of test and test results, only in the form referred to in Annex A.

>Text following EP vote>

'Testing standards':

means the standards to define the methods of tests and test results adopted by the International Maritime Organization (IMO), the International Organization for Standardization (ISO), the European Telecommunication Standards Institute (ETSI), the International Electro-Technical Commission (IEC) and the European standards organization or other specialized organization, according to the type of equipment. These standards shall enter into force, only in the form referred to in Annex A, at the date of application of this Directive and be established in accordance with the relevant International Conventions and with the relevant resolutions and circulars of the International Maritime Organization.

(Amendment 4)

Article 5(3)

>Original text>

3. Equipment listed in Annex A.1 manufactured before the date of entry into force of the national legislations implementing this Directive may also be placed on the market and on board a Ship the certificates of which are issued by a Member State in accordance with the International Conventions, for a period of two years from the date of entry into force of the national legislations implementing this Directive, if manufactured in conformity with procedures for type-approval already in force in the territory of that Member State before the date of adoption of this Directive.

>Text following EP vote>

3. By way of derogation from the provisions of paragraph 1 of this Article, equipment listed in Annex A.1 manufactured before the date of entry into force of this Directive may be placed on the market and on board a ship for a period of two years from this date, if manufactured in conformity with procedures for type-approval already in force in the territory of the Member State issuing the certificates before the date of application of this Directive.

(Amendment 5)

Article 6

>Original text>

Member States shall not refuse the placing on the market, the placing on board an EU Ship, nor refuse the issue or renewal of the Safety Certificates relating thereto, of Equipment referred to in Annex A.1 which complies with the provisions of this Directive.

>Text following EP vote>

Member States shall not refuse the placing on the market, the placing on board an EU Ship, nor refuse the issue or renewal of the Safety Certificates relating thereto, of Equipment referred to in Annex A.1 which complies with the provisions of this Directive. The Commission shall ensure the harmonized implementation of the test standards existing in the Member States.

(Amendment 6)

Article 9(1a) (new)

>Text following EP vote>

1a. The Member States, acting through the relevant authority or through an external independent body appointed by the relevant authority, shall undertake regular controls in respect of the duties performed on their behalf by the notified bodies.

(Amendment 7)

Article 9(1b) (new)

>Text following EP vote>

1b. The Member States shall ensure that the bodies which they appoint as notified bodies provide all the necessary guarantees of independence (financial, administrative and other) from the manufacturers or suppliers of the equipment which they are evaluating.

(Amendment 8)

Article 9(2)

>Original text>

2. A Member State which has designated a notified body must withdraw its designation if it finds that the body no longer meets the criteria listed in Annex C. It shall immediately inform the Commission and the other Member States accordingly.

>Text following EP vote>

2. A Member State which has designated a notified body must withdraw its designation if it finds that the body no longer meets the criteria listed in Annex C and/or in the previous paragraph of this Article. It shall immediately inform the Commission and the other Member States accordingly.

(Amendment 9)

Article 14(2)

>Original text>

2. Such trials procedures shall in no way discriminate between equipment produced in the flag State and equipment produced in other Member States.

>Text following EP vote>

2. Such trials procedures shall in no way discriminate between equipment produced in the flag State and equipment produced in other states or other Member States.

(Amendment 14)

Annex B, module B(2), first subparagraph

>Original text>

2. The application for the EC type-examination shall be lodged by the manufacturer or his authorized representative established within the Community with a notified body of his choice.

>Text following EP vote>

2. The application for the EC type-examination shall be lodged by the manufacturer or his authorized representative established within the Community with a notified body or bodies of his choice.

(Amendment 10)

Annex C(1)

>Original text>

1. Notified bodies must fulfil the requirements of the EN 45000 series.

>Text following EP vote>

1. Notified bodies must fulfil the requirements of the EN 45000 series or specialized requirements for other, special equipment, depending on the type of equipment involved.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on marine equipment (COM(95)0269 - C4-0328/95 - 95/0163(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0269 - 95/0163(SYN) ((OJ C 218, 23.8.1995, p. 9.)),

- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0328/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Legal Affairs and Citizens' Rights (A4-0291/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.