natgillin/translations-raw huggingface dataset:
Организацията, инспекторите й и нейният технически персонал извършват своята дейност в нея по начин, който по никакъв начин не накърнява правата на интелектуална собственост на корабостроителниците, доставчиците на оборудване и корабособствениците в т.ч. патенти, лицензи, ноу-хау или друг вид знания, чието използване е защитено със закон на общностно или национално равнище; при никакви обстоятелства и независимо от член 17 нито организацията, нито инспекторите и наетият технически персонал могат да предават или разпространяват с търговска цел съответната информация, получена в хода на тяхната дейност по проверки, сверяване на данни и контролиране на кораби, които са в процес на построяване или ремонтиране.
The organisation, its inspectors, and its technical staff shall carry out their work without in any way harming the intellectual property rights of shipyards, equipment suppliers, and shipowners, including patents, licences, know-how, or any other kind of knowledge whose use is legally protected at Community or national level; under no circumstances, and notwithstanding Article 17, may either the organisation or the inspectors and technical staff whom it employs pass on or divulge commercially relevant data obtained in the course of their work of inspecting, checking, and monitoring ships under construction or repair.
In view of the justified misgivings of recognised organisations, reflected in their unwillingness to recognise bodies not as technologically advanced as themselves, other operators need to safeguard their intellectual property rights.
In view of the justified misgivings of recognised organisations, reflected in their unwillingness to recognise bodies not as technologically advanced as themselves, other operators need to safeguard their intellectual property rights.
Приложение I, част Б, параграф 6, буква ж)
Annex I, part B, paragraph 6, point (g)
(g) surveyors have an extensive knowledge of the particular type of ship on which they carry out their work as relevant to the particular survey to be carried out and of the relevant applicable requirements;
(g) surveyors have an extensive knowledge of the particular type of ship on which they carry out their work as relevant to the particular survey to be carried out and of the relevant applicable requirements;
Приложение I, част Б, параграф 7
Annex I, part B, paragraph 7
The organisation has developed, implemented and maintains an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000, as interpreted and certified by the joint body referred to in Article 21(1).
The organisation has developed, implemented and maintains an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000, as interpreted and certified by the joint body referred to in Article 21(1).
Организацията е разработила, въвела и поддържа ефективна вътрешна система за качество, основаваща се на съответните части на международно признати стандарти за качество и в съответствие с EN ISO/IEC 17020:2004 (инспекционни органи) и EN ISO 9001:2000, тълкувани и удостоверени от Комитета за оценка по член 21, параграф 1.
The organisation has developed, implemented and maintains an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000, as interpreted and certified by the Assessment Committee referred to in Article 21(1).
Комитетът за оценка действа независимо и има достъп до всички необходими ресурси, за да може да функционира правилно и да извършва задълбочена и последователна дейност.
The Assessment Committee shall act independently and shall accordingly have access to all the resources needed to be able to operate properly and carry out thorough and consistent work.
Той притежава високо специализирани и обширни технически способности и кодекс за поведение, който защитава независимостта на дейността на одиторите.
It shall possess highly specialised and extensive technical skills and a code of conduct that will safeguard the independence of the auditors’ activities.
To be consistent with the body’s name in the amendments.
To be consistent with the body’s name in the amendments.
There is a need to describe the features of the joint body, which must be autonomous and have the abilities to fulfil its tasks.
There is a need to describe the features of the joint body, which must be autonomous and have the abilities to fulfil its tasks.
Приложение I, част Б, параграф 8
Annex I, part B, paragraph 8
The rules and regulations of the organisation are implemented in such a way that the organisation remains in a position to derive from its own direct knowledge and judgement a reliable and objective declaration on the safety of the ships concerned by means of class certificates on the basis of which statutory certificates can be issued.
The rules and regulations of the organisation are implemented in such a way that the organisation remains in a position to derive from its own direct knowledge and judgement a reliable and objective declaration on the safety of the ships concerned by means of class certificates on the basis of which statutory certificates can be issued.
Правилата и нормите на организацията се прилагат така че основавайки се на собствените си знания и преценка организацията да продължава да може да предоставя надеждна и обективна декларация относно безопасността на съответните кораби посредством класификационни свидетелства въз основа на които могат да се издават задължителни сертификати.
The rules and regulations of the organisation are implemented in such a way that the organisation remains in a position to derive from its own direct knowledge and judgement a reliable and objective declaration on the safety of the ships concerned by means of classification certificates on the basis of which statutory certificates can be issued.
Background and purpose of the proposal
Background and purpose of the proposal
The purpose of this fourth revision is none other than to strengthen and clarify the role of classification societies recognised by the EU, now known as ‘recognised organisations’, having found that there are significant failings in the process of inspecting and certifying the safety of the world’s shipping.
The purpose of this fourth revision is none other than to strengthen and clarify the role of classification societies recognised by the EU, now known as ‘recognised organisations’, having found that there are significant failings in the process of inspecting and certifying the safety of the world’s shipping.
Previous directives, particularly Directive 2001/105/EC, one of three proposals in the Erika 1 legislative package, have already raised the serious need to reform the present system for Community recognition of classification societies, set up by Directive 94/57/EC; the substantial progress that they made was then reinforced by the Council’s conclusions of 13 December 2002 and Parliament’s resolutions on strengthening safety at sea ( 2003/2235(INI) and the resolution adopted after the wreck of the Prestige ( 2003/2066(INI) ).
Previous directives, particularly Directive 2001/105/EC, one of three proposals in the Erika 1 legislative package, have already raised the serious need to reform the present system for Community recognition of classification societies, set up by Directive 94/57/EC; the substantial progress that they made was then reinforced by the Council’s conclusions of 13 December 2002 and Parliament’s resolutions on strengthening safety at sea ( 2003/2235(INI) and the resolution adopted after the wreck of the Prestige ( 2003/2066(INI) ).
The reason for returning to this question is the need for further tightening up of the activity of these organisations which, as has been said by the various operators making up the sea transport sector, if they did not exist would need inventing as they fulfil a vital task in maintaining safety at sea.
The reason for returning to this question is the need for further tightening up of the activity of these organisations which, as has been said by the various operators making up the sea transport sector, if they did not exist would need inventing as they fulfil a vital task in maintaining safety at sea.
However, as mentioned there are still serious deficiencies today in the process of inspecting and certifying recognised organisations, and this poses a serious and unacceptable threat to safety and the environment.
However, as mentioned there are still serious deficiencies today in the process of inspecting and certifying recognised organisations, and this poses a serious and unacceptable threat to safety and the environment.
Recognised organisations are a major concentration of power in the sea transport safety network and must be closely supervised by the appropriate authorities.
Recognised organisations are a major concentration of power in the sea transport safety network and must be closely supervised by the appropriate authorities.
These should guarantee that the organisations that are required to ensure that the vessels on our seas comply with the relevant international safety and anti-pollution standards act with independence and rigour.
These should guarantee that the organisations that are required to ensure that the vessels on our seas comply with the relevant international safety and anti-pollution standards act with independence and rigour.
Reforms proposed by the Commission directive
Reforms proposed by the Commission directive
In its ‘Third package of legislative measures on maritime safety’ the Commission has put forward a proposal with the aim of reforming the current rules and regulations for recognised organisations classifying and inspecting ships, thus amending Directive 94/57/EC.
In its ‘Third package of legislative measures on maritime safety’ the Commission has put forward a proposal with the aim of reforming the current rules and regulations for recognised organisations classifying and inspecting ships, thus amending Directive 94/57/EC.
Since this directive has already been substantially amended on previous occasions, in this fourth update it has been decided to make use of the technique of recasting the text.
Since this directive has already been substantially amended on previous occasions, in this fourth update it has been decided to make use of the technique of recasting the text.
The proposal contains five sections of reform:
The proposal contains five sections of reform:
Improving the systems for the monitoring of recognised organisations
Improving the systems for the monitoring of recognised organisations
The recognised organisations will establish a joint body for quality system assessment and certification.
The recognised organisations will establish a joint body for quality system assessment and certification.
This body will be independent of the recognised organisations and have all the necessary resources to enable work to be carried out in depth and on a continuous basis.
This body will be independent of the recognised organisations and have all the necessary resources to enable work to be carried out in depth and on a continuous basis.
Harmonising the system of ordinary and limited recognition
Harmonising the system of ordinary and limited recognition
The present system limits recognition according to the size of the organisation.
The present system limits recognition according to the size of the organisation.
The Commission proposes to abandon this system and to tie in Community recognition based on the organisation’s performance in terms of quality and safety.
The Commission proposes to abandon this system and to tie in Community recognition based on the organisation’s performance in terms of quality and safety.
At the same time the Commission is introducing a safeguard mechanism enabling it to prevent a recognised organisation, whatever its size, from acting on behalf of Member States in specialised areas for which it does not have the necessary capability.
At the same time the Commission is introducing a safeguard mechanism enabling it to prevent a recognised organisation, whatever its size, from acting on behalf of Member States in specialised areas for which it does not have the necessary capability.
The Commission will also examine cases of limited recognition granted under the current directive and decide through the comitology procedure whether the limitations should be replaced or scrapped.
The Commission will also examine cases of limited recognition granted under the current directive and decide through the comitology procedure whether the limitations should be replaced or scrapped.
Reform of the recognition criteria
Reform of the recognition criteria
The aim is to simplify the criteria for granting recognition, since they have been developed in a somewhat disorderly manner.
The aim is to simplify the criteria for granting recognition, since they have been developed in a somewhat disorderly manner.
The proposed changes are centred on the number of inspectors in proportion to the fleet being classified, the use of non-exclusive inspectors and consideration of the legal structure of recognised organisations.
The proposed changes are centred on the number of inspectors in proportion to the fleet being classified, the use of non-exclusive inspectors and consideration of the legal structure of recognised organisations.
Reform of the system of penalties
Reform of the system of penalties
The Commission wants ultimately to make the penalty system more flexible.
The Commission wants ultimately to make the penalty system more flexible.
This means creating a list of infringements and penalties, in addition to replacing the suspension of recognition with financial penalties, taking account of the gravity of the infringement and the financial capacity of the recognised organisation concerned (only the basic features of the system will be defined).
This means creating a list of infringements and penalties, in addition to replacing the suspension of recognition with financial penalties, taking account of the gravity of the infringement and the financial capacity of the recognised organisation concerned (only the basic features of the system will be defined).
Clarifying the scope and facilitating the application of certain provisions in the present directive
Clarifying the scope and facilitating the application of certain provisions in the present directive
This point refers to the specific arrangements to define the Community’s inspection powers.
This point refers to the specific arrangements to define the Community’s inspection powers.
It clarifies the access of inspector-auditors to the ships’ documentation.
It clarifies the access of inspector-auditors to the ships’ documentation.
Another fundamental aspect is the legal structure of recognised organisations: to this end the Commission proposes to introduce a broad organisational concept, so as to ensure that recognition applies at the highest level which that concept entertains.
Another fundamental aspect is the legal structure of recognised organisations: to this end the Commission proposes to introduce a broad organisational concept, so as to ensure that recognition applies at the highest level which that concept entertains.
On the question of scope, the text refers to the SOLAS Convention, though excluding a section on protection.
On the question of scope, the text refers to the SOLAS Convention, though excluding a section on protection.
Consultation of interested parties
Consultation of interested parties
The rapporteur thought fit to meet the industry a second time to re-acquaint himself with its criteria.
The rapporteur thought fit to meet the industry a second time to re-acquaint himself with its criteria.
He accordingly arranged meetings with IACS, the international umbrella organisation for the main recognised organisations carrying out inspection and certification of more than 90 % of cargo vessels throughout the world and representing ten of the 12 organisations recognised by the Community.
He accordingly arranged meetings with IACS, the international umbrella organisation for the main recognised organisations carrying out inspection and certification of more than 90 % of cargo vessels throughout the world and representing ten of the 12 organisations recognised by the Community.
There were also meetings with shipbuilders, shipowners and representatives of the European marine equipment industry.
There were also meetings with shipbuilders, shipowners and representatives of the European marine equipment industry.
Furthermore, the rapporteur held a public hearing at the European Parliament that was open to the full Committee on Transport, with the aim of meeting the wish of the IACS to explain the scope and significance of recognised organisations.
Furthermore, the rapporteur held a public hearing at the European Parliament that was open to the full Committee on Transport, with the aim of meeting the wish of the IACS to explain the scope and significance of recognised organisations.
The rapporteur’s considerations and proposals
The rapporteur’s considerations and proposals
The rapporteur takes a positive view of the proposed directive, which is a step forward in providing for safety at sea and controlling pollution.
The rapporteur takes a positive view of the proposed directive, which is a step forward in providing for safety at sea and controlling pollution.
However, the report does put forward a number of amendments which in our view improve the proposal.
However, the report does put forward a number of amendments which in our view improve the proposal.
(a) Improving the systems for monitoring recognised organisations
(a) Improving the systems for monitoring recognised organisations
The creation of a joint body for assessing and certifying quality is a welcome development.
The creation of a joint body for assessing and certifying quality is a welcome development.
The rapporteur gives this body a name, ‘Assessment Committee’, and calls for it to have independent status to safeguard its autonomy of action, and for it to be given the powers required to carry out its work.
The rapporteur gives this body a name, ‘Assessment Committee’, and calls for it to have independent status to safeguard its autonomy of action, and for it to be given the powers required to carry out its work.
With regard to its establishment, this will not be a matter solely for the recognised organisations but will take place in conjunction with the Member States and in consultation with the IMO.
With regard to its establishment, this will not be a matter solely for the recognised organisations but will take place in conjunction with the Member States and in consultation with the IMO.
(b) Merging the present twofold system of ordinary and limited recognition
(b) Merging the present twofold system of ordinary and limited recognition
The Commission proposes to end the present twofold system and calls for a Community recognition scheme based on qualitative criteria, rather than quantitative criteria dependent on size.
The Commission proposes to end the present twofold system and calls for a Community recognition scheme based on qualitative criteria, rather than quantitative criteria dependent on size.
The rapporteur sees this as a positive reform but points out that mutual recognition is a controversial matter.
The rapporteur sees this as a positive reform but points out that mutual recognition is a controversial matter.
In the rapporteur’s judgement the Commission rightly argues that the approach to mutual recognition should not be imperative but prudential, confining it to cases in which the rules and regulations of the recognised organisations are identical or very similar.
In the rapporteur’s judgement the Commission rightly argues that the approach to mutual recognition should not be imperative but prudential, confining it to cases in which the rules and regulations of the recognised organisations are identical or very similar.
The rapporteur has put forward a number of amendments here to further clarify such cases, and ensure that when the rules are harmonised this should be done by reference to the most demanding and rigorous standards.
The rapporteur has put forward a number of amendments here to further clarify such cases, and ensure that when the rules are harmonised this should be done by reference to the most demanding and rigorous standards.
(c) Reform of the system of penalties
(c) Reform of the system of penalties
In the rapporteur’s judgement the system that the Commission advocates comes closer to equity than its predecessor.
In the rapporteur’s judgement the system that the Commission advocates comes closer to equity than its predecessor.
A system of graduated penalties proportionate both to the severity of the infringement and the organisation’s economic capacity is fairer and more effective.
A system of graduated penalties proportionate both to the severity of the infringement and the organisation’s economic capacity is fairer and more effective.
However, the rapporteur has proposed some amendments to define more clearly the type of infringement that is likely to be penalised.
However, the rapporteur has proposed some amendments to define more clearly the type of infringement that is likely to be penalised.
The Member States are also brought in, as they must be notified of any corrective or preventive measures that the Commission may require of a recognised organisation that fails to comply with the criteria laid down in Annex I, or with the requirements of the directive when the organisation is acting on behalf of a Member State.
The Member States are also brought in, as they must be notified of any corrective or preventive measures that the Commission may require of a recognised organisation that fails to comply with the criteria laid down in Annex I, or with the requirements of the directive when the organisation is acting on behalf of a Member State.
Moreover, we have added the option enabling Member States to put their allegations to the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), to avoid a situation in which they are unable to defend themselves.
Moreover, we have added the option enabling Member States to put their allegations to the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), to avoid a situation in which they are unable to defend themselves.
Finally, the total reference figure for penalty fines is reduced to 5 %, as 10 % appears excessive.
Finally, the total reference figure for penalty fines is reduced to 5 %, as 10 % appears excessive.
(d) Limited or unlimited liability
(d) Limited or unlimited liability
Whether or not recognised organisations should have limited liability is a matter of controversy, and both sides put forward good reasons to support their views.
Whether or not recognised organisations should have limited liability is a matter of controversy, and both sides put forward good reasons to support their views.
Back in 2001, there was provision in Article 8(5) of the directive for the Commission to submit to Parliament and the Council an assessment report on the economic impact of the civil liability regime laid down in Directive 94/57/EC.
Back in 2001, there was provision in Article 8(5) of the directive for the Commission to submit to Parliament and the Council an assessment report on the economic impact of the civil liability regime laid down in Directive 94/57/EC.
The Commission undertook to submit such a report by 22 July 2006.
The Commission undertook to submit such a report by 22 July 2006.
The report’s conclusions are as follows.
The report’s conclusions are as follows.
The directive states that in cases of gross negligence there must be provision for unlimited liability, and this principle is not disputed.
The directive states that in cases of gross negligence there must be provision for unlimited liability, and this principle is not disputed.