European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (5178/1/2001 – C5-0075/2001 — 2000/0066(COD))
Date: 2001-05-16
Institutions: Committee on Regional Development, European Parliament
Subjects: international standard, prevention of pollution, roadworthiness tests, supervisory body, transport safety, vessel

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AMENDMENTS
BY PARLIAMENT

or

(cid:129) from (cid:133) (**) is over 300 tonnes gross (other than fish-
ing vessels of less than 45 metres in length, rec-
reational craft, warships, naval auxiliaries and other
ships owned or operated by a Member State and
used for non-commercial public service) and is not
equipped with a voyage data recorder meeting the
performance requirements standards of
IMO Asss-
embly Resolution A 861(20) of 27 November 1997
and complying with the testing standards laid down
in International Electrotechnical Commission (IEC)
standard No 61996.

(*) Date of entry into force of Directive 2001/(cid:133)/EC amending

Directive 95/21/EC.

(**) Five years after the date of entry into force of Directive

2001/(cid:133)/EC amending Directive 95/21/EC.

Amendment 2
ARTICLE 2a (new)

Article 2a

The Commission shall review the implementation of this
Directive no later than 36 months after its entry into
force. The review will examine, inter alia, the number of
port State control inspectors in each Member State and
the number of inspections carried out, including manda-
tory expanded inspections. The Commission shall com-
municate the findings of the review to the European Par-
liament and the Council and shall determine on the basis
of the review whether it is necessary to propose an
amending Directive or further legislation in this area.

10. Common rules for ship inspection and survey ***II

A5-0144/2001

European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a Directive of the European Parliament and of the Council amending
Council Directive 94/57/EC on common rules and standards for ship inspection and survey organi-
sations and for the relevant activities of maritime administrations (5178/1/2001 (cid:129) C5-0075/2001 (cid:129)
2000/0066(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:129) having regard to the Council common position (5178/1/2001 (cid:129) C5-0075/2001) (1),

(cid:129) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 142) (3),

(1) OJ C 101, 30.3.2001, p. 1.
(2)
(3) OJ C 212 E, 25.7.2000, p. 114.

(cid:145)Texts Adopted(cid:146), 30.11.2000, Item 7.

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(cid:129) having regard to the Commission(cid:146)s amended proposal (COM(2000) 849),

(cid:129) having regard to Article 251(2) of the EC Treaty,

(cid:129) having regard to Rule 80 of its Rules of Procedure,

(cid:129) having regard to the recommendation for second reading of the Committee on Regional Policy, Trans-

port and Tourism (A5-0144/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 20

(20) A recognised organisation should not carry out statutory
work if it is identical with or has business, personal or family
links to the shipowner or operator. This incompatibility should
also apply to surveyors employed by recognised organisations.

(20) A recognised organisation should not be authorised or
engaged to carry out statutory work if it is identical with or
has business, personal or family links to the shipowner or
operator. This incompatibility should also apply to surveyors
employed by recognised organisations.

Amendment 2
ARTICLE 1, POINT 5, POINT (a)
Article 6, paragraph 2, point (b), point (i) (Directive 94/57/EC)

(i)

if liability arising out of any incident is finally and defi-
nitely imposed by a court of a law on the administration,
together with a requirement to compensate the injured
parties for loss or damage to property or personal injury
or death, which is proved in that court of law to have
been caused by a wilful act or omission or gross negli-
gence
bodies,
employees, agents or others who act on behalf of the
administration shall be
the
recognised organisation,
entitled to financial compensation from the recognised
organisation to the extent that the said loss, damage, injury
or death is, as decided by that court, caused by the recog-
nised organisation;

organisation,

recognised

the

its

of

(i)

if liability arising out of any incident is finally and defi-
nitely imposed on the administration by a court of law
or as part of the settlement of a dispute through arbi-
tration procedures, together with a requirement to com-
pensate the injured parties for loss or damage to property
or personal injury or death, which is proved in that court
of law to have been caused by a wilful act or omission or
gross negligence of the recognised organisation, its bodies,
employees, agents or others who act on behalf of the
recognised organisation,
administration shall be
the
entitled to financial compensation from the recognised
organisation to the extent that the said loss, damage, injury
or death is, as decided by that court, caused by the recog-
nised organisation;

Amendment 3
ARTICLE 1, POINT 5, POINT (a)
Article 6, paragraph 2, point (b), point (ii) (Directive 94/57/EC)

(ii)

if liability arising out of any incident is finally and defi-
nitely imposed by a court of law on the administration,
together with a requirement to compensate the injured
parties for personal injury or death, which is proved in
that court of law to have been caused by any negligent or
reckless act or omission of the recognised organisation, its
employees, agents or others who act on behalf of the

(ii)

if liability arising out of any incident is finally and defi-
nitely imposed on the administration by a court of law
or as part of the settlement of a dispute through arbi-
tration procedures, together with a requirement to com-
pensate the injured parties for personal
injury or death,
which is proved in that court of law to have been caused
by any negligent or reckless act or omission of the recog-

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administration shall be
the
recognised organisation,
entitled to financial compensation from the recognised
organisation to the extent that the said personal injury or
death is, as decided by that court, caused by the recognised
organisation; the Member States may limit the maximum
amount payable by the recognised organisation, which
must, however, be at least equal to € 5 million;

Wednesday 16 May 2001

AMENDMENTS
BY PARLIAMENT

nised organisation, its employees, agents or others who act
on behalf of
the adminis-
the recognised organisation,
tration shall be entitled to financial compensation from
the recognised organisation to the extent that the said per-
sonal injury or death is, as decided by that court, caused
by the recognised organisation; the Member States shall
limit the maximum amount of compensation payable by
the recognised organisation, which must, however, be at
least equal to EUR 4 million and no more than € 7 mil-
lion;

Amendment 4
ARTICLE 1, POINT 5, POINT (a)
Article 6, paragraph 2, point (b), point (iii) (Directive 94/57/EC)

(iii) if liability arising out of any incident is finally and defi-
nitely imposed by a court of a law on the administration,
together with a requirement to compensate the injured
parties for loss or damage to property, which is proved in
that court of law to have been caused by any negligent or
reckless act or omission of the recognised organisation, its
employees, agents or others who act on behalf of the
recognised organisation,
administration shall be
the
entitled to financial compensation from the recognised
organisation, to the extent that the said loss or damage is,
as decided by that court, caused by the recognised organi-
sation; the Member States may limit the maximum amount
payable by the recognised organisation, which must, how-
ever, be at least equal to € 2,5 million;

(iii) if liability arising out of any incident is finally and defi-
nitely imposed on the administration by a court of law
or as part of the settlement of a dispute through arbi-
tration procedures, together with a requirement to com-
pensate the injured parties for loss or damage to property,
which is proved in that court of law to have been caused
by any negligent or reckless act or omission of the recog-
nised organisation, its employees, agents or others who act
the adminis-
the recognised organisation,
on behalf of
tration shall be entitled to financial compensation from
the recognised organisation, to the extent that the said
loss or damage is, as decided by that court, caused by the
recognised organisation; the Member States shall limit the
maximum amount of compensation payable by the
recognised organisation, which must, however, be at least
equal to € 2 million and no more than € 4 million;

Amendment 5
ARTICLE 1, POINT 5, POINT (b)
Article 6, paragraph 5, subparagraph 2 (Directive 94/57/EC)

This report shall be drawn up in cooperation with the com-
petent authorities of the Member States and the parties con-
cerned, in particular recognised organisations. The Commission
shall, if necessary in the light of this evaluation, submit a pro-
posal amending this Directive with more specific reference to
the principle of minimum liability.

This report shall be drawn up in cooperation with the com-
petent authorities of the Member States and the parties con-
cerned, in particular recognised organisations. The Commission
shall, if necessary in the light of this evaluation, submit a pro-
posal amending this Directive with more specific reference to
the principle of liability.

Amendment 6
ARTICLE 1, POINT 7
Article 8, paragraph 1, final indent (Directive 94/57/EC)

(cid:129) increase the amounts specified in points (ii) and (iii) of Arti-

(cid:129) alter the amounts specified in points (ii) and (iii) of Arti-

cle 6(2)(b).

cle 6(2)(b).

Amendment 7
ARTICLE 1, POINT 14, POINT ((cid:141)a) (new)
Article 15, paragraph 1 (Directive 94/57/EC)

((cid:141)a) paragraph 1 shall be replaced by the following:

1.
The recognised organisations shall consult with
each other periodically with a view to maintaining
equivalence of their technical standards and the imple-

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mentation thereof in line with the provisions of IMO
Resolution A.847(20) on guidelines to assist flag States
in the implementation of IMO instruments. They shall
provide the Commission with periodic reports on
fundamental progress in standards.

11. Uniform driver attestation ***I

A5-0151/2001

Proposal for a European Parliament and Council regulation amending Council Regulation (EEC)
No 881/92 on access to the market in the carriage of goods by road within the Community to
and from the territory of a Member State or passing across the territory of one or more Member
States as regards a uniform driver attestation (COM(2000) 751 (cid:129) C5-0638/2000 (cid:129) 2000/
0297(COD))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSIONJ (1)

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 5

(5) The impossibility to check the employment status of
drivers outside the Member State of establishment has led to a
market situation where drivers are engaged irregularly and
solely for international carriage outside the haulier(cid:146)s Member
State of establishment with an intent to breach the national
legislation of the Member State of establishment having issued
the haulier(cid:146)s Community authorization.

(5) The impossibility of checking the employment status of
drivers outside the Member State of establishment has led to a
market situation where drivers, most of them from third
countries, are engaged irregularly and solely for international
carriage outside the haulier(cid:146)s Member State of establishment
with an intent to breach the national legislation of the Member
State of establishment having issued the haulier(cid:146)s Community
authorization.

Amendment 2
RECITAL 6

(6) Where such irregularly used drivers are engaged they are
often working under detrimental conditions and salaries leading
to serious road safety concerns.

(6) Where such irregularly used drivers, most of them from
third countries, are engaged they are often working under
detrimental conditions and salaries leading to serious road
safety concerns.

Amendment 3
RECITAL 8

(8) The authorised bodies of Member States find it impossible
to control the working conditions of those irregularly used
drivers.

(8) The authorised bodies of Member States find it impossible
to control the working conditions of those irregularly used
drivers, most of them from third countries.

(1) OJ C 96 E, 27.3.2001, p. 207.