natgillin/translations-raw huggingface dataset:
Никоя разпоредба на настоящата директива не може да възпрепятства държава-членка да предприеме допълнителни мерки в областта на морската безопасност, които не са предвидени в настоящата директива, при условие, че тези мерки не накърняват разпоредбите на настоящата директива или не въздействат неблагоприятно по друг начин върху нейното прилагане.
Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by this Directive, provided that such measures do not infringe this Directive or in any way adversely affect its attainment.
Никоя разпоредба на настоящата директива не може да възпрепятства държава-членка да предприеме допълнителни мерки в областта на морската безопасност, които не са предвидени в настоящата директива, при условие, че тези мерки не накърняват разпоредбите на настоящата директива или не въздействат неблагоприятно по друг начин върху нейното прилагане, или не застрашават изпълнението на целите на Съюза .
Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by this Directive, provided that such measures do not infringe this Directive or in any way adversely affect its attainment , nor jeopardise the realisation of the objectives of the Union .
Preliminary remarks and background
Preliminary remarks and background
This proposal is part of the third package of legislative measures on improving maritime safety.
This proposal is part of the third package of legislative measures on improving maritime safety.
The directive aims to lay down guidelines at Community level on technical investigations and exchange of experience after serious incidents at sea.
The directive aims to lay down guidelines at Community level on technical investigations and exchange of experience after serious incidents at sea.
The Commission White Paper on ‘European transport policy for 2010: time to decide’ had already pointed out the need to carry out independent technical investigations for all modes of transport.
The Commission White Paper on ‘European transport policy for 2010: time to decide’ had already pointed out the need to carry out independent technical investigations for all modes of transport.
The Commission took the view that such investigations should be initiated by an individual Member State but follow a European model: they should be based first on an analysis of the causes of the accident and secondly the results should focus on risk prevention and improving the legal framework.
The Commission took the view that such investigations should be initiated by an individual Member State but follow a European model: they should be based first on an analysis of the causes of the accident and secondly the results should focus on risk prevention and improving the legal framework.
With regard to maritime transport, recent accidents have clearly shown up the need for action.
With regard to maritime transport, recent accidents have clearly shown up the need for action.
Member States do not always automatically and rapidly conduct technical investigations of serious accidents at sea and produce clear and usable results.
Member States do not always automatically and rapidly conduct technical investigations of serious accidents at sea and produce clear and usable results.
After the Prestige disaster the European Parliament set up the Temporary Committee on Improving Safety at Sea (the ‘MARE’ Committee).
After the Prestige disaster the European Parliament set up the Temporary Committee on Improving Safety at Sea (the ‘MARE’ Committee).
In its resolution Parliament underlined the need for a Commission proposal on investigating accidents at sea.
In its resolution Parliament underlined the need for a Commission proposal on investigating accidents at sea.
Parliament also called for the Commission proposal to introduce a system to ensure optimal exchange of the results of investigations between Member States, the Commission and the EMSA, as well as the independence of the investigation.
Parliament also called for the Commission proposal to introduce a system to ensure optimal exchange of the results of investigations between Member States, the Commission and the EMSA, as well as the independence of the investigation.
Existing legislation in this area
Existing legislation in this area
At EU level there are already some legal ‘building blocks’ on investigating accidents.
At EU level there are already some legal ‘building blocks’ on investigating accidents.
Directive 1999/35/EC lays down principles on investigating accidents and incidents at sea involving ro-ro passenger ferries or high-speed passenger craft.
Directive 1999/35/EC lays down principles on investigating accidents and incidents at sea involving ro-ro passenger ferries or high-speed passenger craft.
Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system focuses on the use of ‘maritime black boxes’.
Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system focuses on the use of ‘maritime black boxes’.
Regulation (EC) No 1406/2002 establishing the European Maritime Safety Agency gave it several tasks related to maritime accidents, such as:
Regulation (EC) No 1406/2002 establishing the European Maritime Safety Agency gave it several tasks related to maritime accidents, such as:
· facilitating cooperation between the Member States and the Commission in developing a common methodology for investigating maritime accidents,
· facilitating cooperation between the Member States and the Commission in developing a common methodology for investigating maritime accidents,
· supporting the Member States in investigations into serious maritime accidents,
· supporting the Member States in investigations into serious maritime accidents,
· analysing existing accident investigation reports.
· analysing existing accident investigation reports.
At IMO level a resolution (A.849(20) on a code for investigating marine casualties and incidents was adopted in 1997.
At IMO level a resolution (A.849(20) on a code for investigating marine casualties and incidents was adopted in 1997.
This includes only recommendations to the flag States.
This includes only recommendations to the flag States.
While, apart from these regulations, there are at present no binding international maritime transport rules on investigating serious incidents, since 1994 the Community has had rules for similar action in air transport: Regulation 94/56 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents builds on principles which are also included in this proposal.
While, apart from these regulations, there are at present no binding international maritime transport rules on investigating serious incidents, since 1994 the Community has had rules for similar action in air transport: Regulation 94/56 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents builds on principles which are also included in this proposal.
For the railway sector, Chapter V of Directive 2004/49/EC on railway safety includes similar provisions to those on maritime transport in this Commission proposal.
For the railway sector, Chapter V of Directive 2004/49/EC on railway safety includes similar provisions to those on maritime transport in this Commission proposal.
Content of the proposal
Content of the proposal
It is important first to state that the investigations referred to in this proposal are not concerned with determining civil liability or criminal responsibility.
It is important first to state that the investigations referred to in this proposal are not concerned with determining civil liability or criminal responsibility.
The draft directive is concerned rather with technical investigations to determine the causes of accidents at sea so that lessons can be learned.
The draft directive is concerned rather with technical investigations to determine the causes of accidents at sea so that lessons can be learned.
The proposal should contribute to improving maritime transport safety by establishing a framework to ensure
The proposal should contribute to improving maritime transport safety by establishing a framework to ensure
· rapid safety investigations
· rapid safety investigations
· careful analysis of accidents and incidents at sea
· careful analysis of accidents and incidents at sea
· appropriate reporting and proposals to remedy any shortcomings.
· appropriate reporting and proposals to remedy any shortcomings.
Field of application
Field of application
The directive applies not only to accidents and incidents at sea involving ships flying the flag of a Member State, but also to accidents and incidents in the territorial waters of a Member State (Article 2).
The directive applies not only to accidents and incidents at sea involving ships flying the flag of a Member State, but also to accidents and incidents in the territorial waters of a Member State (Article 2).
The key part of the proposal is Articles 4 and 5, which provide that Member States must lay down rules for the conduct of marine casualty or incident safety investigations, independently of any criminal or civil liability investigations, which must not hinder or delay them.
The key part of the proposal is Articles 4 and 5, which provide that Member States must lay down rules for the conduct of marine casualty or incident safety investigations, independently of any criminal or civil liability investigations, which must not hinder or delay them.
Member States must also ensure that an investigation is carried out by an investigative body after serious or very serious marine casualties.
Member States must also ensure that an investigation is carried out by an investigative body after serious or very serious marine casualties.
This applies not only when the incident involves a ship flying that country’s flag, but also if it occurs in its territorial waters or involves a substantial interest of that country.
This applies not only when the incident involves a ship flying that country’s flag, but also if it occurs in its territorial waters or involves a substantial interest of that country.
Investigative bodies (Article 8)
Investigative bodies (Article 8)
The directive establishes the Member States' duty to ensure that the investigations are carried out under the responsibility of an impartial permanent investigative body.
The directive establishes the Member States' duty to ensure that the investigations are carried out under the responsibility of an impartial permanent investigative body.
This body must be functionally independent of authorities responsible for seaworthiness, certification, port state control, etc.
This body must be functionally independent of authorities responsible for seaworthiness, certification, port state control, etc.
A report on the results of the investigation, in accordance with guidelines included in the directive, must be published within 12 months of the incident (Article 14).
A report on the results of the investigation, in accordance with guidelines included in the directive, must be published within 12 months of the incident (Article 14).
Cooperation aspects
Cooperation aspects
The directive includes several guidelines on cooperation.
The directive includes several guidelines on cooperation.
Article 9 of the directive covers the use of information that has been collected in the course of an investigation.
Article 9 of the directive covers the use of information that has been collected in the course of an investigation.
This as a general rule must not be used for other purposes than the safety investigation.
This as a general rule must not be used for other purposes than the safety investigation.
Relevant data must be preserved in accordance with Article 13.
Relevant data must be preserved in accordance with Article 13.
The Member States are of course not prevented from taking additional measures on maritime safety, as long as such measures do not conflict with the proposal.
The Member States are of course not prevented from taking additional measures on maritime safety, as long as such measures do not conflict with the proposal.
They must lay down effective and proportionate penalties for infringements of national provisions adopted pursuant to this proposal.
They must lay down effective and proportionate penalties for infringements of national provisions adopted pursuant to this proposal.
Rapporteur's comments
Rapporteur's comments
Your rapporteur considers that the thrust of the proposal is sensible and that most elements are immediately clear.
Your rapporteur considers that the thrust of the proposal is sensible and that most elements are immediately clear.
The following points seem particularly important.
The following points seem particularly important.
· Even though the understandable public reaction to an accident at sea is to ask who was responsible, from a safety point of view the proposal's separation of safety from criminal investigations is an essential element, if we are to learn lessons from incidents.
· Even though the understandable public reaction to an accident at sea is to ask who was responsible, from a safety point of view the proposal's separation of safety from criminal investigations is an essential element, if we are to learn lessons from incidents.
Your rapporteur certainly takes the view that the Commission in Article 1 has found an appropriate formulation of the concept that investigations under this proposal will not be concerned with determining liability or apportioning blame, except so far as is necessary to achieve the objective of the investigation.
Your rapporteur certainly takes the view that the Commission in Article 1 has found an appropriate formulation of the concept that investigations under this proposal will not be concerned with determining liability or apportioning blame, except so far as is necessary to achieve the objective of the investigation.
Completely ruling out this possibility, as suggested by the European Community Shipowners' Association (ECSA) and the International Chamber of Shipping (ICS), would in your rapporteur's view go too far and restrict the investigative bodies too much.
Completely ruling out this possibility, as suggested by the European Community Shipowners' Association (ECSA) and the International Chamber of Shipping (ICS), would in your rapporteur's view go too far and restrict the investigative bodies too much.
The same is true for Article 9 (Non-disclosure of records) which states that information can only made available for purposes other than the safety investigation if the appropriate judicial authority in that State determines that the advantage of disclosure outweighs the adverse impact on that investigation or on any future investigations.
The same is true for Article 9 (Non-disclosure of records) which states that information can only made available for purposes other than the safety investigation if the appropriate judicial authority in that State determines that the advantage of disclosure outweighs the adverse impact on that investigation or on any future investigations.
The ECSA and ICS are also in favour of deleting this exclusion.
The ECSA and ICS are also in favour of deleting this exclusion.
Your rapporteur does not share these doubts about a possible decision by the judicial authorities; the Commission proposal represents a sensible balance of interests.
Your rapporteur does not share these doubts about a possible decision by the judicial authorities; the Commission proposal represents a sensible balance of interests.
· The second key point is the establishment of a permanent investigative body and its separation from authorities with other responsibilities in the maritime area.
· The second key point is the establishment of a permanent investigative body and its separation from authorities with other responsibilities in the maritime area.
It seems obvious that speedy and reliable results can only be ensured by a permanent body; in many cases ad hoc intervention would not be sufficient.
It seems obvious that speedy and reliable results can only be ensured by a permanent body; in many cases ad hoc intervention would not be sufficient.
It is also undoubtedly logical that this body should be strictly functionally independent.
It is also undoubtedly logical that this body should be strictly functionally independent.
Your rapporteur considers that the technical investigation of accidents in all areas of industry and transport is essential, he therefore points out that appropriate rules are also needed for transport on inland waterways.
Your rapporteur considers that the technical investigation of accidents in all areas of industry and transport is essential, he therefore points out that appropriate rules are also needed for transport on inland waterways.
In his efforts to gain a comprehensive picture of all aspects of the Commission proposal, your rapporteur has made contact with bodies including the EMSA and a number of Member States.
In his efforts to gain a comprehensive picture of all aspects of the Commission proposal, your rapporteur has made contact with bodies including the EMSA and a number of Member States.
The EMSA also underlines the need for this draft directive.
The EMSA also underlines the need for this draft directive.
With regard to the Member States, your rapporteur gained the impression that they are still forming their opinions on this proposal.
With regard to the Member States, your rapporteur gained the impression that they are still forming their opinions on this proposal.
He did not receive any specific comments from them on the Commission proposal.
He did not receive any specific comments from them on the Commission proposal.
Possibly this is because other parts of the maritime safety package currently take priority, as also in the Council.
Possibly this is because other parts of the maritime safety package currently take priority, as also in the Council.
It is understandable that the Member States cannot consider all of the seven proposals in the maritime package simultaneously with the same intensity.
It is understandable that the Member States cannot consider all of the seven proposals in the maritime package simultaneously with the same intensity.
Nevertheless your rapporteur hopes that the proposal on investigation of accidents at sea will not always be ranked lower than the other proposals.
Nevertheless your rapporteur hopes that the proposal on investigation of accidents at sea will not always be ranked lower than the other proposals.
The Finnish and German Council Presidencies should take up this dossier.
The Finnish and German Council Presidencies should take up this dossier.
Your rapporteur considers that somewhat more time for consultation of those affected would have been useful.
Your rapporteur considers that somewhat more time for consultation of those affected would have been useful.
Nevertheless he considers it important that this Commission proposal is discussed at the same time as the other components of the maritime package.
Nevertheless he considers it important that this Commission proposal is discussed at the same time as the other components of the maritime package.
Your rapporteur is therefore tabling this report now and with only a few amendments, as he has so far not discovered any major shortcomings in the Commission proposal.
Your rapporteur is therefore tabling this report now and with only a few amendments, as he has so far not discovered any major shortcomings in the Commission proposal.
The amendments are concerned on the one hand with the field of application: your rapporteur does not considers it advisable, as proposed by the Commission, to exclude fishing vessels of less than 24 metres length and offshore drilling facilities - fishing is dangerous and accidents are quite common - see Amendments 2 and 3.
The amendments are concerned on the one hand with the field of application: your rapporteur does not considers it advisable, as proposed by the Commission, to exclude fishing vessels of less than 24 metres length and offshore drilling facilities - fishing is dangerous and accidents are quite common - see Amendments 2 and 3.
Your rapporteur has also tabled two amendments on the recently-adopted IMO guidelines on the fair treatment of crews in the event of maritime accidents.
Your rapporteur has also tabled two amendments on the recently-adopted IMO guidelines on the fair treatment of crews in the event of maritime accidents.
These recommendations for coastal and flag States, shipowners etc contain important principles for technical investigations as well and can increase the confidence of seafarers in such investigations and thus facilitate cooperation between investigative bodies and crews (see Amendments 1 and 4).
These recommendations for coastal and flag States, shipowners etc contain important principles for technical investigations as well and can increase the confidence of seafarers in such investigations and thus facilitate cooperation between investigative bodies and crews (see Amendments 1 and 4).
Your rapporteur will continue his consultations and does not rule out tabling further amendments at a later date.
Your rapporteur will continue his consultations and does not rule out tabling further amendments at a later date.
Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Rodi Kratsa-Tsagaropoulou, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Luca Romagnoli, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Georgios Toussas, Lars Wohlin, Roberts Zīle
Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Rodi Kratsa-Tsagaropoulou, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Luca Romagnoli, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Georgios Toussas, Lars Wohlin, Roberts Zīle
PE 374.180v02-00
PE 374.180v02-00
STELLUNGNAHME des Ausschusses für Wirtschaft und Währung ...........27
OPINION of the Committee on Economic and Monetary Affairs ............23
STELLUNGNAHME des Ausschusses für die Rechte der Frau und die Gleichstellung der Geschlechter 45
OPINION of the Committee on Women’s Rights and Gender Equality ...40
относно предложението за директива на Европейския парламент и на Съвета относно подобряването на преносимостта на допълнителните пенсионни права
on the proposal for a directive of the European Parliament and of the Council on improving the portability of supplementary pension rights
– като взе предвид предложението на Комисията към Европейския парламент и към Съвета ( COM(2005)0507 )
– having regard to the Commission proposal to the European Parliament and the Council ( COM(2005)0507 )
– като взе предвид член 251, параграф 2 и членове 42 и 94 от Договора за ЕО, съгласно които предложението му е представено от Комисията ( C6‑0331/2005 ),
– having regard to Article 251(2) and Articles 42 and 94 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament ( C6‑0331/2005 ),