natgillin/translations-raw huggingface dataset:
Inés Ayala Sender, Anne Laperrouze, Kartika Tamara Liotard, Alojz Peterle, Bart Staes, Lambert van Nistelrooij
Inés Ayala Sender, Anne Laperrouze, Kartika Tamara Liotard, Alojz Peterle, Bart Staes, Lambert van Nistelrooij
относно предложението за директива на Европейския парламент и на Съвета относно минималната степен на обучение на морските лица (преработен текст)
on the proposal for a directive of the European Parliament and of the Council on the minimum level of training of seafarers (recast)
(Преработване – член 80a от Правилника за дейността)
(Recasting – Rule 80a of the Rules of Procedure)
PE 402.652v02-00
PE 402.652v02-00
(Процедура на съвместно вземане на решение: първо четене)
(Codecision procedure - recast)
– като взе предвид предложението на Комисията до Европейския парламент и до Съвета ( COM(2007)0610 ),
– having regard to the Commission proposal to the European Parliament and the Council ( COM(2007)0610 ),
– като взе предвид член 251, параграф 2 и член 80, параграф 2 от Договора за ЕО, съгласно които предложението е внесено от Комисията ( C6-0348/2007 ),
– having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament ( C6‑0348/2007 ),
– като взе предвид Междуинституционалното споразумение от 28 ноември 2001 г. относно по-структурирано използване на техниката за преработване на нормативни актове,
– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts
– като взе предвид писмото, изпратено на 24 януари 2008 г. от комисията по правни въпроси до комисията по транспорт и туризъм в съответствие с член 80а, параграф 3 от правилника за дейността,
– having regard to the letter of 24 January 2008 by the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 80a(3) of its Rules of Procedure,
– като взе предвид доклада на комисията по транспорт и туризъм ( A6-0178/2008 ),
– having regard to the report of the Committee on Transport and Tourism ( A6‑0178/2008 ),
Предложение за директива
Proposal for a directive
Държавите-членки следва да вземат и прилагат специфични мерки за предотвратяване и санкциониране на практиките на измама, свързани със свидетелства за компетентност, както и да полагат усилия в рамките на Международната морска организация за постигане на строги и приложими споразумения за борбата с подобни практики по целия свят.
Member States should take and enforce specific measures to prevent and penalise fraudulent practices associated with certificates of competency as well as pursue their efforts within the IMO to achieve strict and enforceable agreements on the worldwide combating of such practices.
The amendment makes a number of technical adjustments to the codified text of the proposal for a directive, incorporating the first part of recital 10 of Directive 2005/45/ΕC.
The amendment makes a number of technical adjustments to the codified text of the proposal for a directive, incorporating the first part of recital 10 of Directive 2005/45/ΕC.
Европейската агенция за морска безопасност следва да подпомага Комисията при проверяване доколко държавите-членки спазват изискванията, определени в настоящата директива.
The European Maritime Safety Agency should assist the Commission in verifying that Member States comply with the requirements laid down in this Directive.
The amendment makes a number of technical adjustments, incorporating recital 12 of Directive 2005/45/ΕC.
The amendment makes a number of technical adjustments, incorporating recital 12 of Directive 2005/45/ΕC.
The Commission has entrusted the technical aspect of seafarer training quality assessment to the EMSA, whose experts carry out annually, over a five-year period, 8 to 12 in-situ inspections of training provided by all third countries for their seafarers employed on EU-registered vessels (around 75% of ships’ complements), ensuring compliance with the STCW Convention and preventing fraud.
The Commission has entrusted the technical aspect of seafarer training quality assessment to the EMSA, whose experts carry out annually, over a five-year period, 8 to 12 in-situ inspections of training provided by all third countries for their seafarers employed on EU-registered vessels (around 75% of ships’ complements), ensuring compliance with the STCW Convention and preventing fraud.
23) Приложение II следва да бъде преразгледано от Съвета в светлината на придобития опит при прилагането на настоящата директива, въз основа на предложение, което Комисията следва да представи не по-късно от 25 май 2008 г. .
(23) The Council should review Annex II in the light of the experience gained in applying this Directive, acting on a proposal to be submitted by the Commission by 25 May 2008 at the latest.
The amendment makes a number of technical adjustments to the codified text of the proposal for a directive.
The amendment makes a number of technical adjustments to the codified text of the proposal for a directive.
The text proposed by the Commission should be deleted since Annex 2 is II has already been amended under the Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003 (Article 1 (4) amends Article 18b (6) of directive 2001/25/EC).
The text proposed by the Commission should be deleted since Annex 2 is II has already been amended under the Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003 (Article 1 (4) amends Article 18b (6) of directive 2001/25/EC).
Член 27 – параграф 2
Article 27 – paragraph 2
Съветът взема решение за евентуално изменение на приложение II въз основа на предложение, представено от Комисията най-късно до 25 май 2008 г., предвид придобития опит по прилагането на настоящата директива.
The Council shall decide on any amendment of Annex II, acting on a proposal to be submitted by the Commission by 25 May 2008 at the latest in the light of the experience gained in applying this Directive.
The text proposed by the Commission should be deleted since Annex 2 has already been amended under the Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003 (Article 1 (4) amends Article 18b (6) of directive 2001/25/EC).
The text proposed by the Commission should be deleted since Annex 2 has already been amended under the Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003 (Article 1 (4) amends Article 18b (6) of directive 2001/25/EC).
Приложение ΙΙΙ – част Α – точка 5
Annex ΙΙΙ – Part Α – point 5
Единствено член 4
Only Article 4
The amendment makes technical adaptations to the codified text of the proposal for a directive.
The amendment makes technical adaptations to the codified text of the proposal for a directive.
The wording of these adaptations is consistent with the wording of the proposals of the Consultative Working Party consisting of the legal services of the European Parliament, the Council and the Commission.
The wording of these adaptations is consistent with the wording of the proposals of the Consultative Working Party consisting of the legal services of the European Parliament, the Council and the Commission.
The need for a minimum level of training for seafarers did not arise recently but goes back to internationally agreed training standards, in particular, the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers dating from 1978, which was revised in 1995 and lays down binding rules on training and certification requirements.
The need for a minimum level of training for seafarers did not arise recently but goes back to internationally agreed training standards, in particular, the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers dating from 1978, which was revised in 1995 and lays down binding rules on training and certification requirements.
The present proposal is a recasting of the directive on the minimum level of training of seafarers.
The present proposal is a recasting of the directive on the minimum level of training of seafarers.
It has been submitted by the Commission with a dual objective:
It has been submitted by the Commission with a dual objective:
- the codification of the Community act, i.e. the incorporation of successive amendments to the original Directive 2001/25/EC in order to make the Community act clear and readily understandable,
- the codification of the Community act, i.e. the incorporation of successive amendments to the original Directive 2001/25/EC in order to make the Community act clear and readily understandable,
- to adapt the act to the new comitology procedure, i.e. the regulatory committee with scrutiny.
- to adapt the act to the new comitology procedure, i.e. the regulatory committee with scrutiny.
REMARKS ON PROCEDURE
REMARKS ON PROCEDURE
Combining the codification of a Community act with the introduction of new elements amending the substance of the act is a normal legislative method of amending Community acts.
Combining the codification of a Community act with the introduction of new elements amending the substance of the act is a normal legislative method of amending Community acts.
This procedure, known as recasting, helps simplify Community legislation since previously amended acts, which are often difficult to read, are repealed and, where appropriate, provision is made for the substantive amendment of the original act.
This procedure, known as recasting, helps simplify Community legislation since previously amended acts, which are often difficult to read, are repealed and, where appropriate, provision is made for the substantive amendment of the original act.
The European Parliament, the Council and the Commission agreed by way of an Interinstitutional Agreement of 28 November 2001
The European Parliament, the Council and the Commission agreed by way of an Interinstitutional Agreement of 28 November 2001
OJ C 77, p.
OJ C 77, p.
1-3, 28 March 2002. on the rules to be followed by the three institutions on the implementation in practice of the recasting technique.
1-3, 28 March 2002. on the rules to be followed by the three institutions on the implementation in practice of the recasting technique.
In the case under review here, beyond codification of the four acts amending the original Directive 2001/25/EC, the Commission proposes a number of substantive amendments.
In the case under review here, beyond codification of the four acts amending the original Directive 2001/25/EC, the Commission proposes a number of substantive amendments.
However, the recasting proposal, as submitted by the Commission for legislative processing, is restricted de facto.
However, the recasting proposal, as submitted by the Commission for legislative processing, is restricted de facto.
This is because proposals for substantive amendments to the current Directive 2001/25/EC are restricted and for the most part consist of adaptations to the new procedure of regulatory committee with scrutiny.
This is because proposals for substantive amendments to the current Directive 2001/25/EC are restricted and for the most part consist of adaptations to the new procedure of regulatory committee with scrutiny.
Pursuant to paragraph 9 of the above Interinstitutional Agreement, the Consultative Working Party, consisting of the legal services of the European Parliament, the Council and the Commission, delivered an opinion on the proposal for recasting confirming the substantive amendments, which have been identified as such, to the Commission's proposal for a directive (in grey shading).
Pursuant to paragraph 9 of the above Interinstitutional Agreement, the Consultative Working Party, consisting of the legal services of the European Parliament, the Council and the Commission, delivered an opinion on the proposal for recasting confirming the substantive amendments, which have been identified as such, to the Commission's proposal for a directive (in grey shading).
In addition, it formulated a number of additional technical adaptations not contained in the Commission’s original proposal.
In addition, it formulated a number of additional technical adaptations not contained in the Commission’s original proposal.
In accordance with the provisions of Rule 80A of the Rules of Procedure, the Committee on Legal Affairs delivered an opinion in the form of a letter to the Committee on Transport and Tourism, proposing the incorporation of all the adaptations suggested in the Consultative Working Party’s opinion.
In accordance with the provisions of Rule 80A of the Rules of Procedure, the Committee on Legal Affairs delivered an opinion in the form of a letter to the Committee on Transport and Tourism, proposing the incorporation of all the adaptations suggested in the Consultative Working Party’s opinion.
Letter of 24 January 2008 (see annexes).
Letter of 24 January 2008 (see annexes).
The Committee on Transport and Tourism is therefore required to examine the adaptation to the new procedure of regulatory committee with scrutiny, the amendments proposed by the Consultative Working Party and, by way of exception, amendments necessary for pressing reasons relating to the internal logic of the text.
The Committee on Transport and Tourism is therefore required to examine the adaptation to the new procedure of regulatory committee with scrutiny, the amendments proposed by the Consultative Working Party and, by way of exception, amendments necessary for pressing reasons relating to the internal logic of the text.
SUBSTANCE OF THE DIRECTIVE
SUBSTANCE OF THE DIRECTIVE
The directive on the minimum level of training of seafarers contributes to improving their level of knowledge and skills and providing greater guarantees of safety and prevention of maritime pollution.
The directive on the minimum level of training of seafarers contributes to improving their level of knowledge and skills and providing greater guarantees of safety and prevention of maritime pollution.
The mutual recognition of seafarers' diplomas at Community level facilitates freedom of movement by eliminating undue obstacles.
The mutual recognition of seafarers' diplomas at Community level facilitates freedom of movement by eliminating undue obstacles.
The directive supplements the Union’s legislative acts to ensure a standardised level of training for seafarers, which is not covered by the current directive on the mutual recognition of professional qualifications (Directive 2005/36/EC).
The directive supplements the Union’s legislative acts to ensure a standardised level of training for seafarers, which is not covered by the current directive on the mutual recognition of professional qualifications (Directive 2005/36/EC).
The directive applies to seafarers serving on board seagoing ships flying the flag of a Member State, with the exception of: (a) warships, naval auxiliaries or other ships owned or operated by a Member State and engaged only on government non-commercial service, (b) fishing vessels, (c) pleasure yachts not engaged in trade, and (d) wooden ships of primitive build.
The directive applies to seafarers serving on board seagoing ships flying the flag of a Member State, with the exception of: (a) warships, naval auxiliaries or other ships owned or operated by a Member State and engaged only on government non-commercial service, (b) fishing vessels, (c) pleasure yachts not engaged in trade, and (d) wooden ships of primitive build.
Τhe education and training objectives and related standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention.
Τhe education and training objectives and related standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention.
Member States are to ensure that all training, assessment of competence, certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under their authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives.
Member States are to ensure that all training, assessment of competence, certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under their authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives.
The fields of application of the quality standards cover the administration of the certification systems, all training courses and programmes, the examinations and assessments carried out by or under the authority of each Member State and the qualifications and experience required of instructors and assessors.
The fields of application of the quality standards cover the administration of the certification systems, all training courses and programmes, the examinations and assessments carried out by or under the authority of each Member State and the qualifications and experience required of instructors and assessors.
The provisions of the Convention are incorporated in the directive in an annex, covering the mandatory provisions of the STCW code (part A) and the recommended guidance (part B).
The provisions of the Convention are incorporated in the directive in an annex, covering the mandatory provisions of the STCW code (part A) and the recommended guidance (part B).
The directive allows for more stringent measures or requirements on matters relating to social protection and security, at Union level, such as, for example, minimum rest periods for watchkeeping personnel.
The directive allows for more stringent measures or requirements on matters relating to social protection and security, at Union level, such as, for example, minimum rest periods for watchkeeping personnel.
To ensure that the rules and recommendations of the Convention are faithfully implemented, uniform criteria are laid down for the recognition of certificates from third countries.
To ensure that the rules and recommendations of the Convention are faithfully implemented, uniform criteria are laid down for the recognition of certificates from third countries.
At the same time, where training activities take place in Member States, the directive provides for the inspection of maritime institutes, training programmes and courses.
At the same time, where training activities take place in Member States, the directive provides for the inspection of maritime institutes, training programmes and courses.
Provision is made for measures to prevent fraud and other unlawful practices involving the certification process or certificates issued and endorsed by Member States’ competent authorities, and for penalties.
Provision is made for measures to prevent fraud and other unlawful practices involving the certification process or certificates issued and endorsed by Member States’ competent authorities, and for penalties.
An important role in ensuring that the requirements of the Convention and the directive are correctly implemented is played by the port state authorities in carrying out inspections of vessels flying the flag of a third country which has not ratified the Convention.
An important role in ensuring that the requirements of the Convention and the directive are correctly implemented is played by the port state authorities in carrying out inspections of vessels flying the flag of a third country which has not ratified the Convention.
SUBSTANCE OF THE AMENDING PROPOSAL
SUBSTANCE OF THE AMENDING PROPOSAL
As stated above, the objective of the proposal for a directive is the adaptation of the provisions to the new regulatory procedure with scrutiny, including to the acts covered by the Commission’s codification programme
As stated above, the objective of the proposal for a directive is the adaptation of the provisions to the new regulatory procedure with scrutiny, including to the acts covered by the Commission’s codification programme
See COM (2007) 740 final. .
See COM (2007) 740 final. .
Article 5a of the amended decision introduces the regulatory procedure with scrutiny for measures of a general scope which seek to amend non-essential elements of a basic act adopted by codecision, inter alia by deleting some of those elements or by supplementing them by the addition of new non-essential elements.
Article 5a of the amended decision introduces the regulatory procedure with scrutiny for measures of a general scope which seek to amend non-essential elements of a basic act adopted by codecision, inter alia by deleting some of those elements or by supplementing them by the addition of new non-essential elements.
The new procedure enables Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an act adopted by codecision on an equal footing and to reject such measures.
The new procedure enables Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an act adopted by codecision on an equal footing and to reject such measures.
Hitherto, Parliament was unable to reject an implementing measure and was restricted merely to expressing its opposition (‘droit de regard').
Hitherto, Parliament was unable to reject an implementing measure and was restricted merely to expressing its opposition (‘droit de regard').
Using its executive powers, the Commission had the discretion to take a decision despite Parliament’s opposition, whereas the Council could block it under certain circumstances by a qualified majority.
Using its executive powers, the Commission had the discretion to take a decision despite Parliament’s opposition, whereas the Council could block it under certain circumstances by a qualified majority.
Under the new procedure, the European Parliament is able for the first time to reject measures proposed by the Commission if it considers that the Commission is exceeding the implementing powers provided for in the basic act, or that the measures are incompatible with the aim or content of that act or fail to respect the principles of subsidiarity or proportionality.
Under the new procedure, the European Parliament is able for the first time to reject measures proposed by the Commission if it considers that the Commission is exceeding the implementing powers provided for in the basic act, or that the measures are incompatible with the aim or content of that act or fail to respect the principles of subsidiarity or proportionality.
The Commission is bound to implement the new procedure in the acts in force adopted in accordance with the codecision procedure, as is the case with this directive.
The Commission is bound to implement the new procedure in the acts in force adopted in accordance with the codecision procedure, as is the case with this directive.
In this proposal for a directive, the Commission introduces the regulatory procedure with scrutiny in Article 27 of the codified form of the directive.
In this proposal for a directive, the Commission introduces the regulatory procedure with scrutiny in Article 27 of the codified form of the directive.
This provision, however, does not concern all the field of application of the directive but only the amendments proposed to certain definitions in Article 1, in particular points 16, 17, 18, 23 and 24.
This provision, however, does not concern all the field of application of the directive but only the amendments proposed to certain definitions in Article 1, in particular points 16, 17, 18, 23 and 24.
RAPPORTEUR’S PROPOSALS
RAPPORTEUR’S PROPOSALS
It is imperative to adapt the directive to the new regulatory procedure
It is imperative to adapt the directive to the new regulatory procedure
The conditions laid down in Article 5a of the amended decision 1999/468/ΕEC introducing the new regulatory procedure with scrutiny are:
The conditions laid down in Article 5a of the amended decision 1999/468/ΕEC introducing the new regulatory procedure with scrutiny are:
(a) it is a codecision act,
(a) it is a codecision act,