natgillin/translations-raw huggingface dataset:
The Rapporteur is of the opinion that this extension is feasible and that the insurance market will have the capacity to insure these type of risks with a reasonable extra cost for the passengers.
The Rapporteur is of the opinion that this extension is feasible and that the insurance market will have the capacity to insure these type of risks with a reasonable extra cost for the passengers.
However, as operators of domestic traffic by sea and inland waterways are not familiar with the schemes implemented at international level and that the insurance market will have to be mobilised to organise the guarantee and direct actions on risks, it is suggested those operators and actors in the insurance market be given a supplementary deadlines for applying the Regulation, two years for regular ferry lines operating on domestic traffic by sea and four years for inland waterways should be a sufficient time frame in this view.
However, as operators of domestic traffic by sea and inland waterways are not familiar with the schemes implemented at international level and that the insurance market will have to be mobilised to organise the guarantee and direct actions on risks, it is suggested those operators and actors in the insurance market be given a supplementary deadlines for applying the Regulation, two years for regular ferry lines operating on domestic traffic by sea and four years for inland waterways should be a sufficient time frame in this view.
· Pre-journey information : this provision has to be upheld but it would have to be in line with what has been done in other transport modes (in the air sector, see the Regulation on identity of air carriers).
· Pre-journey information : this provision has to be upheld but it would have to be in line with what has been done in other transport modes (in the air sector, see the Regulation on identity of air carriers).
The content of obligation to inform could be made more precise later on (attached to the ticket (general sales conditions) and/or inserted in the brochures).
The content of obligation to inform could be made more precise later on (attached to the ticket (general sales conditions) and/or inserted in the brochures).
· Treatment of terrorist risks
· Treatment of terrorist risks
The issue of the inclusion, exclusion or special treatment for the terrorist risk in the liability scheme of the Athens Convention is at present under discussion at IMO (legal committee-LEG).
The issue of the inclusion, exclusion or special treatment for the terrorist risk in the liability scheme of the Athens Convention is at present under discussion at IMO (legal committee-LEG).
It is linked to a so called impossibility of insuring those risks (at least from the P&I point of view) with regard to Article 3.1 (b) of the Convention which states that the carrier is not liable only unless he proves that the incident "was wholly caused by an act or omission done with the intent to cause the incident by a third party".
It is linked to a so called impossibility of insuring those risks (at least from the P&I point of view) with regard to Article 3.1 (b) of the Convention which states that the carrier is not liable only unless he proves that the incident "was wholly caused by an act or omission done with the intent to cause the incident by a third party".
The compromise would consist of having a specific coverage of terrorist risks by organising the currently available war risk insurance in such a way as to establish an entity similar to the P&I Clubs that could act as the provider of insurance cover.
The compromise would consist of having a specific coverage of terrorist risks by organising the currently available war risk insurance in such a way as to establish an entity similar to the P&I Clubs that could act as the provider of insurance cover.
This entity could issue a financial guarantee only in respect of the war risk part of the insurance, and be 100% reinsured in the war risk market.
This entity could issue a financial guarantee only in respect of the war risk part of the insurance, and be 100% reinsured in the war risk market.
According to the latest information from IMO, a London broker would be ready to cover these risks.
According to the latest information from IMO, a London broker would be ready to cover these risks.
Hence a compromise could be found on this issue in the next session of the LEG in October but these discussions will probably not be completed before adoption of the Report at first reading.
Hence a compromise could be found on this issue in the next session of the LEG in October but these discussions will probably not be completed before adoption of the Report at first reading.
However the issue could be dealt with through amendments to the Proposal if a special treatment of terrorist risks appears necessary and if EP wants to have the right to co-decide now on this issue and/or wants terrorist risks to be clearly in the scope of the Regulation.
However the issue could be dealt with through amendments to the Proposal if a special treatment of terrorist risks appears necessary and if EP wants to have the right to co-decide now on this issue and/or wants terrorist risks to be clearly in the scope of the Regulation.
on the proposal for a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea and inland waterways in the event of accidents
on the proposal for a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea and inland waterways in the event of accidents
The Legal Affairs Committee of the European Parliament fully supports the goal of the Commission to incorporate the International Maritime Organisation’s (IMO) Athens Protocol of 2002 into Community legislation.
The Legal Affairs Committee of the European Parliament fully supports the goal of the Commission to incorporate the International Maritime Organisation’s (IMO) Athens Protocol of 2002 into Community legislation.
Moreover, the EU maritime passenger liability regime rightly includes both sea and inland waterways in the event of accidents, adding to passenger safety.
Moreover, the EU maritime passenger liability regime rightly includes both sea and inland waterways in the event of accidents, adding to passenger safety.
However, before the 2002 Protocol can be brought into Community legislation, the IMO should find a global solution to two open questions related to the Protocol, namely the possibility for the insurers to offer passenger carriers insurances covering the liabilities assigned by the 2002 Protocol and the question whether the insurance fees for such insurances are reasonable for the carriers, as well as whether the carriers should be exempted from their liability in the event of accidents caused by terrorism.
However, before the 2002 Protocol can be brought into Community legislation, the IMO should find a global solution to two open questions related to the Protocol, namely the possibility for the insurers to offer passenger carriers insurances covering the liabilities assigned by the 2002 Protocol and the question whether the insurance fees for such insurances are reasonable for the carriers, as well as whether the carriers should be exempted from their liability in the event of accidents caused by terrorism.
Concerning small carriers operating in domestic waterways, special attention should be paid to the cyclical nature of their activities.
Concerning small carriers operating in domestic waterways, special attention should be paid to the cyclical nature of their activities.
The requirement to make advance payments should only apply in the case of shipping incidents where the carriers’ liability is strict.
The requirement to make advance payments should only apply in the case of shipping incidents where the carriers’ liability is strict.
This regulation should, as regards its essential parts, be equivalent to the 2002 Protocol and it should be implemented at the same time as the Protocol.
This regulation should, as regards its essential parts, be equivalent to the 2002 Protocol and it should be implemented at the same time as the Protocol.
The Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
Recital 3 a (new)
Recital 3 a (new)
(3a) This Regulation, with the exception of the derogations set out separately therein, should be identical in substance to the Athens Convention 2002.
(3a) This Regulation, with the exception of the derogations set out separately therein, should be identical in substance to the Athens Convention 2002.
This Regulation and the Athens Convention 2002 should be brought into force at the same time.
This Regulation and the Athens Convention 2002 should be brought into force at the same time.
Recital 3 b (new)
Recital 3 b (new)
(3b) The insurance systems required under the Convention should be reasonable for shipowners.
(3b) The insurance systems required under the Convention should be reasonable for shipowners.
Shipowners should be in a position to manage their insurance systems in an economically reasonable way, and, especially as regards small shipowners operating domestic services, the seasonal nature of their operations should be taken into account.
Shipowners should be in a position to manage their insurance systems in an economically reasonable way, and, especially as regards small shipowners operating domestic services, the seasonal nature of their operations should be taken into account.
The transitional period to be allowed when implementing this Regulation should be sufficiently long to enable compulsory insurance under this Regulation to be applied without prejudice to the insurance systems in force.
The transitional period to be allowed when implementing this Regulation should be sufficiently long to enable compulsory insurance under this Regulation to be applied without prejudice to the insurance systems in force.
Recital 4
Recital 4
(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger.
(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger.
(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger in shipping incidents in respect of which strict liability for damage has been assigned to the carrier .
(4) It is appropriate to oblige the carrier to make advance payment in the event of the death of, or personal injury to, a passenger in shipping incidents in respect of which strict liability for damage has been assigned to the carrier .
Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation.
Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation.
Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation unless the Council, acting unanimously throughout the procedure referred to in Article 251 of the Treaty, amends this Regulation.
Article 7(2) of the Athens Convention 2002 is not applicable to the carriage of passengers falling within the scope of this Regulation, except if all Member States agree on such an application when amending this Regulation unless the Council, acting unanimously throughout the procedure referred to in Article 251 of the Treaty, amends this Regulation.
In the event of the death of, or personal injury to, a passenger the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the identification of the person entitled to damages.
In the event of the death of, or personal injury to, a passenger the carrier shall make an advance payment sufficient to cover immediate economic needs, within 15 days from the identification of the person entitled to damages.
In the event of death this payment shall not be less than EUR 21 000.
In the event of death this payment shall not be less than EUR 21 000.
The advance payment shall apply only in the case of shipping incidents in respect of which strict liability for damage has been assigned to the carrier.
The advance payment shall apply only in the case of shipping incidents in respect of which strict liability for damage has been assigned to the carrier.
An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid pursuant to this Regulation.
An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid pursuant to this Regulation.
Article 6, paragraph 1
Article 6, paragraph 1
The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with information regarding their rights under this Regulation, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment.
The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with information regarding their rights under this Regulation, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment.
The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with information regarding their rights under this Regulation, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment regarding those shipping incidents in respect of which strict liability for damage has been assigned to the carrier .
The carrier, the performing carrier and/or the tour operator shall provide passengers, prior to their departure, with information regarding their rights under this Regulation, in particular with information on the limits of compensation for death, personal injury or loss and damage of luggage, on their right of direct action against the insurer or the person providing financial security and on their entitlement to an advance payment regarding those shipping incidents in respect of which strict liability for damage has been assigned to the carrier .
Article 8, paragraph 2
Article 8, paragraph 2
It shall apply from the date of its entry into force or from the date of the entry into force of the Athens Convention for the Community, whichever is the later.
It shall apply from the date of its entry into force or from the date of the entry into force of the Athens Convention for the Community, whichever is the later.
It shall apply from the date of the entry into force of the Athens Convention for the Community and in any case from the date of the adoption by the International Maritime Organization of measures ensuring reasonable insurance costs for carriers and their exemption from liability in the event of accidents caused by terrorism , whichever is the later.
It shall apply from the date of the entry into force of the Athens Convention for the Community and in any case from the date of the adoption by the International Maritime Organization of measures ensuring reasonable insurance costs for carriers and their exemption from liability in the event of accidents caused by terrorism , whichever is the later.
Водеща комисия
JURI 16.2.2006
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, 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, Yannick Vaugrenard, Marta Vincenzi, Lars Wohlin, Corien Wortmann-Kool, 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, 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, Yannick Vaugrenard, Marta Vincenzi, Lars Wohlin, Corien Wortmann-Kool, Roberts Zīle
по общата позиция на Съвета за приемане на директива на Европейския парламент и на Съвета относно оценката и управлението на риска от наводнения
on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on the assessment and management of flood risks
PE 382.534v02-00
PE 382.534v02-00
EXPLANATORY STATEMENT..............................................................................................29
EXPLANATORY STATEMENT..............................................................................................27
за общата позиция на Съвета с оглед приемане директива на Европейския парламент и на Съвета относно оценката и управлението на риска от наводнения
on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on the assessment and management of flood risks
– като взе предвид общата позиция на Съвета (12131/6/06 – C6‑0038/2007 ),
– having regard to the Council common position (12131/6/06 – C6‑0038/2007 ),
Текстове, приети на 13.6.2006 г., P6_TA(2004)0253 . по предложението на Комисията към Европейския парламент и Съвета ( COM(2006)0015 )
Texts Adopted, 13.6.2006, P6_TA(2006)0253 . on the Commission proposal to Parliament and the Council ( COM(2006)0015
– като взе предвид препоръката за второ четене на комисия по околна среда, обществено здраве и безопасност на храните ( A6‑0064/2007 ),
– having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety ( A6‑0064/2007 ),
(2) Наводненията са природно явление, което не може да бъде предотвратено.
(2) Floods are natural phenomena which cannot be prevented.
Някои човешки действия и промяната на климата, обаче, допринасят за увеличаване на вероятността от наводнения и неблагоприятните последици от тях.
However, some human activities and climate change contribute to an increase in the likelihood and adverse impacts of flood events.
Някои човешки действия (като нарастването на населените места и стопанските активи в заливните равнини, както и ерозията и намаляването на естествената способност на почвата да задържа вода, породено от изсичането на горите и селскостопанските дейности във водосборните басейни на реките) и промяната на климата, обаче, допринасят за увеличаване на вероятността от наводнения и неблагоприятните последици от тях.
However, some human activities (such as increasing human settlements and economic assets in floodplains and the erosion and reduction of the natural water retention of land by cutting down forests and farming in river basins) and climate change contribute to an increase in the likelihood and adverse impacts of flood events.
Reinstatement, with slight changes, of the amendment from the first reading for the purposes of greater clarity (ex recital 2).
Reinstatement, with slight changes, of the amendment from the first reading for the purposes of greater clarity (ex recital 2).
(4) Директива 2000/60/ЕО на Европейския парламент и на Съвета от 23 октомври 2000 г. за установяване рамка за действията на Общността в областта на политиката за водите изисква да се разработят планове за управлението на речните басейни за всеки участък от речен басейн с цел постигане на добро екологично и химическо състояние, което ще доведе до смекчаване на последиците от наводненията.
(4) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy requires river basin management plans to be developed for each river basin district in order to achieve good ecological and chemical status, and it will contribute to mitigating the effects of floods.
При все това намаляването на риска от наводнения не е сред основните цели на настоящата директива и тя не отчита бъдещите рискове от наводнения вследствие на промяната на климата.
However, reducing the risk of floods is not one of the principal objectives of that Directive, nor does it take into account future risks of flooding caused by climate change.
При все това намаляването на риска от наводнения не е сред основните цели на настоящата директива и тя не отчита учестяването на риска от наводнения в бъдеще в резултат на промяната на климата.
However, reducing the risk of floods is not one of the principal objectives of that Directive, nor does it take into account the more frequent risk of flooding in future as a result of climate change.
This amendment from the first reading (ex recital 9) is reinstated, with minor linguistic changes, to make clear that flood risk precautions must be stepped up in order to prevent the higher risk levels resulting from climate change; however, there is no need to carry out a detailed climate change forecast for each precautionary measure, since this would engender considerable and largely unjustifiable costs and would delay the drawing-up of plans where no reliable data are available.
This amendment from the first reading (ex recital 9) is reinstated, with minor linguistic changes, to make clear that flood risk precautions must be stepped up in order to prevent the higher risk levels resulting from climate change; however, there is no need to carry out a detailed climate change forecast for each precautionary measure, since this would engender considerable and largely unjustifiable costs and would delay the drawing-up of plans where no reliable data are available.
Съображение 8 а (ново)
Recital 8 a (new)
(8а) Разпоредбите относно устойчивото управление на риска от наводнения следва да се вземат предвид от държавите-членки при определяне и прилагане на техните политики, в т. ч. например транспортната политика, териториалното устройство, градоустройство, индустриалната политика, селскостопанската политика, политиката на сближаване, енергийната политика и научноизследователската политика.
(8a) The provisions on sustainable flood risk management should be taken into account by the Member States and the Community when laying down and implementing all their policies, including for example transport policy, spatial planning, urban development, and industrialisation policy, agricultural policy, cohesion policy, energy policy and research policy.
Reinstatement of the amendment from the first reading.
Reinstatement of the amendment from the first reading.