natgillin/translations-raw huggingface dataset:
- Including fishing vessels with a length of more than 15m in the scope of the Directive : The Commission proposal excludes fishing vessels with a length of less than 24m.
- Including fishing vessels with a length of more than 15m in the scope of the Directive : The Commission proposal excludes fishing vessels with a length of less than 24m.
- Flexibility relating to methodology for investigating accidents : Member States would only have to respect 'principles' of the common methodology (with guidelines to be developed by the Commission and Member States on processes and best practices to be used in implementing them), whereas the proposal foresees that Member States must apply the common methodology as such.
- Flexibility relating to methodology for investigating accidents : Member States would only have to respect 'principles' of the common methodology (with guidelines to be developed by the Commission and Member States on processes and best practices to be used in implementing them), whereas the proposal foresees that Member States must apply the common methodology as such.
- Regulatory procedure with scrutiny for updating definitions and annexes : Parliament in first reading introduced the regulatory procedure with scrutiny only for defining a joint methodology (see above).
- Regulatory procedure with scrutiny for updating definitions and annexes : Parliament in first reading introduced the regulatory procedure with scrutiny only for defining a joint methodology (see above).
The Council extends its field of application to the updating of definitions and annexes.
The Council extends its field of application to the updating of definitions and annexes.
- Other changes : They relate among other things to the co-operation between Member States and the possibility for MS to produce simplified reports for certain investigations.
- Other changes : They relate among other things to the co-operation between Member States and the possibility for MS to produce simplified reports for certain investigations.
In addition, Council deletes the obligation to draw up correspondence tables indicating by which national provisions the Directive is transposed.
In addition, Council deletes the obligation to draw up correspondence tables indicating by which national provisions the Directive is transposed.
Some other modifications are of a technical nature and/or serve to clarify the text.
Some other modifications are of a technical nature and/or serve to clarify the text.
Rapporteur's recommendations for second reading
Rapporteur's recommendations for second reading
Reintroduction of amendments from first reading
Reintroduction of amendments from first reading
As mentioned above, only 3 of Parliament's amendments in first reading were fully taken into account by the Council, while 2 were considered in part.
As mentioned above, only 3 of Parliament's amendments in first reading were fully taken into account by the Council, while 2 were considered in part.
It is not necessary, however, to re-table these 2 amendments.
It is not necessary, however, to re-table these 2 amendments.
First of all, the Council's more specific reference to UNCLOS is preferable over the wording of Parliament's amendment.
First of all, the Council's more specific reference to UNCLOS is preferable over the wording of Parliament's amendment.
As far as the recital on the fair treatment of seafarers is concerned, it is sufficient to adapt the Council's wording in line with the corresponding Article introduced by Parliament.
As far as the recital on the fair treatment of seafarers is concerned, it is sufficient to adapt the Council's wording in line with the corresponding Article introduced by Parliament.
Your rapporteur recommends that all remaining Parliament amendments from first reading (see point 2) are reintroduced.
Your rapporteur recommends that all remaining Parliament amendments from first reading (see point 2) are reintroduced.
Some of them are placed in parts of the text other than where they were inserted in first reading in order to ensure that the Directive maintains a coherent structure.
Some of them are placed in parts of the text other than where they were inserted in first reading in order to ensure that the Directive maintains a coherent structure.
For similar reasons, the wording of certain amendments was slightly adapted, but without changing their substance.
For similar reasons, the wording of certain amendments was slightly adapted, but without changing their substance.
Acceptable Council modifications
Acceptable Council modifications
Some of the Council's changes to the Commission proposal are necessary technical adaptations and/or clarify the wording and should therefore be accepted.
Some of the Council's changes to the Commission proposal are necessary technical adaptations and/or clarify the wording and should therefore be accepted.
Others concern substantial elements of the proposal.
Others concern substantial elements of the proposal.
As far as these changes strengthen the Directive (reducing the maximum length of fishing vessels to be exempted from the scope) or increase Parliament's powers in the adoption of implementing measures (introduction of regulatory procedure with scrutiny for updating definitions and annexes), your rapporteur recommends that they be taken on board.
As far as these changes strengthen the Directive (reducing the maximum length of fishing vessels to be exempted from the scope) or increase Parliament's powers in the adoption of implementing measures (introduction of regulatory procedure with scrutiny for updating definitions and annexes), your rapporteur recommends that they be taken on board.
Furthermore, it is suggested to accept the special provision for landlocked countries in relation to requirements for establishing investigative bodies.
Furthermore, it is suggested to accept the special provision for landlocked countries in relation to requirements for establishing investigative bodies.
Finally, Parliament could accept a provision allowing Member States to publish a simplified report on the investigation of accidents that are not serious or very serious.
Finally, Parliament could accept a provision allowing Member States to publish a simplified report on the investigation of accidents that are not serious or very serious.
Rejected Council modifications
Rejected Council modifications
A number of modifications introduced by the Council would reduce the Directive's effectiveness and should therefore be rejected in your rapporteur's view.
A number of modifications introduced by the Council would reduce the Directive's effectiveness and should therefore be rejected in your rapporteur's view.
It is therefore suggested to amend the respective parts of the common position so as to restore the text of the Commission proposal.
It is therefore suggested to amend the respective parts of the common position so as to restore the text of the Commission proposal.
In particular, it is not acceptable to limit mandatory safety investigations to very serious incidents only (thus excluding serious accidents).
In particular, it is not acceptable to limit mandatory safety investigations to very serious incidents only (thus excluding serious accidents).
Likewise, distress alerts should remain within the scope of the Directive so that they are at least examined by the competent body, who may subsequently decide whether or not to carry out a full investigation.
Likewise, distress alerts should remain within the scope of the Directive so that they are at least examined by the competent body, who may subsequently decide whether or not to carry out a full investigation.
Secondly, your rapporteur considers it essential that Member States apply a common methodology in investigating accidents, such as foreseen by the Commission proposal.
Secondly, your rapporteur considers it essential that Member States apply a common methodology in investigating accidents, such as foreseen by the Commission proposal.
The Council's changes to the text, according to which Member States would only have to follow principles of the common methodology, should thus be rejected.
The Council's changes to the text, according to which Member States would only have to follow principles of the common methodology, should thus be rejected.
Thirdly, it is of utmost importance to ensure that investigative bodies are impartial and functionally independent.
Thirdly, it is of utmost importance to ensure that investigative bodies are impartial and functionally independent.
The Directive should make specific references to those national marine authorities, from which the investigative bodies must be functionally independent because there could otherwise be a potential conflict of interest.
The Directive should make specific references to those national marine authorities, from which the investigative bodies must be functionally independent because there could otherwise be a potential conflict of interest.
Hence, these references (which are missing in the common position) should be restored.
Hence, these references (which are missing in the common position) should be restored.
Finally, Parliament should not accept the Council's deletion of the Member States' obligation to draw up correspondence tables, which indicate precisely by which national provision each of the Directive's requirements is transposed.
Finally, Parliament should not accept the Council's deletion of the Member States' obligation to draw up correspondence tables, which indicate precisely by which national provision each of the Directive's requirements is transposed.
Correspondence tables ensure that the Commission can thoroughly scrutinise the transposition and implementation of the Directive by Member States, which is of key importance for its effectiveness.
Correspondence tables ensure that the Commission can thoroughly scrutinise the transposition and implementation of the Directive by Member States, which is of key importance for its effectiveness.
Gabriele Albertini, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Marian-Jean Marinescu, Erik Meijer, Seán Ó Neachtain, Reinhard Rack, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Țicău, Yannick Vaugrenard, Roberts Zīle
Gabriele Albertini, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Marian-Jean Marinescu, Erik Meijer, Seán Ó Neachtain, Reinhard Rack, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Yannick Vaugrenard, Roberts Zīle
referitoare la poziția comună a Consiliului în vederea adoptării regulamentului Parlamentului European și al Consiliului privind răspunderea în caz de accident a transportatorilor de persoane pe mare
on the Council common position for adopting a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents
PE 409.386v02-00
PE 409.386v02-00
referitoare la poziția comună a Consiliului în vederea adoptării unui regulament al Parlamentului European și al Consiliului privind răspunderea în caz de accident a transportatorilor de persoane pe mare
on the Council common position for adopting a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents
– având în vedere poziția comună a Consiliului (6389/2/2008 – C6 0227/2008),
– having regard to the Council common position (6389/2/2008 – C6‑0227/2008 ),
– având în vedere propunerea modificată a Comisiei ( COM(2007)0645 ),
– having regard to the amended Commission proposal ( COM(2007)0645 ),
– având în vedere recomandarea pentru a doua lectură a Comisiei pentru transport și turism ( A6-0333/2008 ),
– having regard to the recommendation for second reading of the Committee on Transport and Tourism ( A6‑0333/2008 ),
(3a) Aranjamentele de asigurare impuse de Convenția de la Atena trebuie să fie adecvate mijloacelor financiare ale armatorilor și ale societăților de asigurări.
(3a) The insurance arrangements required under the Athens Convention must be appropriate to the financial means of ship-owners and insurance companies.
Armatorii trebuie să fie în măsură să își gestioneze aranjamentele de asigurări în mod acceptabil din punct de vedere economic și trebuie să se țină seama de natura sezonieră a activității lor, în special în cazul societăților mici care operează servicii de transport intern.
Ship-owners must be in a position to manage their insurance arrangements in an economically acceptable way and, particularly in the case of small shipping companies operating national transport services, account must be taken of the seasonal nature of their operations.
Perioada de tranziție prevăzută pentru aplicarea prezentului regulament trebuie să fie suficient de lungă pentru a permite aplicarea asigurării obligatorii prevăzute de Convenția de la Atena fără a afecta regimurile actuale de asigurări.
The transitional period which is provided for in the application of this Regulation must be sufficiently long to enable the compulsory insurance provided for by the Athens Convention to b e arranged without affecting existing insurance schemes.
This amendment reintroduces Amendment 1 from the first reading.
This amendment reintroduces Amendment 1 from the first reading.
(3b) Este necesar ca operatorului de transport să i se impună să plătească un avans în caz de deces sau vătămare corporală a unui pasager, plata avansului neconstituind recunoașterea răspunderii.
(3b) It is appropriate to oblige the carrier to make advance payment in the event of the death of or personal injury to a passenger, whereby advance payment does not constitute recognition of liability.
This amendment reintroduces Amendment 2 from the first reading.
This amendment reintroduces Amendment 2 from the first reading.
(3c) Pasagerilor ar trebui să le fie furnizate informații adecvate, complete și inteligibile înainte de începerea călătoriei despre noile drepturi care le-au fost conferite.
(3c) Appropriate, full and comprehensible information on new rights being conferred on passengers should be provided to those passengers prior to their journey.
This amendment reintroduces Amendment 3 from the first reading.
This amendment reintroduces Amendment 3 from the first reading.
To guarantee a high standard of information for passengers on their new rights .
To guarantee a high standard of information for passengers on their new rights .
1 JO L 324, 29.11.2002, p.1.
1 OJ L 324, 29.11.2002, p.1.
This amendment restores the wording of the original Commission proposal as adopted by the European Parliament.
This amendment restores the wording of the original Commission proposal as adopted by the European Parliament.
(12a) Deoarece este nevoie de o consultare mai intensă între statele membre în ceea ce privește siguranța maritimă, este vital să se reevalueze competențele AESM și să se analizeze o posibilă lărgire a competențelor sale.
(12a) Owing to the need for greater consultation among the Member States on matters of maritime safety, it is vital to reassess EMSA’s competences and possibly consider extending its powers.
This amendment reintroduces Amendment 4 from the first reading.
This amendment reintroduces Amendment 4 from the first reading.
(12b) Autoritățile naționale, în special autoritățile portuare, joacă un rol fundamental și vital în identificarea și gestionarea diverselor riscuri la adresa siguranței maritime.
(12b) The national authorities, particularly the port authorities, play a fundamental and vital role in identifying and managing the various risks in relation to maritime safety.
This amendment reintroduces Amendment 5 of the first reading.
This amendment reintroduces Amendment 5 of the first reading.
(13) Pentru a-și îndeplini obligațiile care le revin în temeiul prezentului regulament, statele membre pot lua în considerare ratificarea Convenției din 1976 privind limitarea răspunderii în domeniul creanțelor maritime, astfel cum a fost modificată prin protocolul din 1996 și se pot folosi de opțiunea prevăzută la articolul 15 (3a) din convenția menționată pentru a reglementa prin intermediul unor dispoziții specifice sistemul de limitare a răspunderii care urmează a fi aplicat pasagerilor.
(13) In order to fulfil their obligations under this Regulation, Member States may consider ratifying the International Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, and make use of the option provided for in Article 15(3bis) of that Convention to regulate, by specific provisions of this Regulation, the system of limitation of liability to be applied to passengers.
The LLMC should not be opposed to victims to limit their claims on the basis of the Athens Convention.
The LLMC should not be opposed to victims to limit their claims on the basis of the Athens Convention.
These global liability ceilings might prevent passengers from recovering a substantial part of their claims under the Athens Convention which entitles passengers to recover 250 000 SDR minimum.
These global liability ceilings might prevent passengers from recovering a substantial part of their claims under the Athens Convention which entitles passengers to recover 250 000 SDR minimum.
În plus, prezentul regulament extinde aplicarea dispozițiilor în cauză la transportul maritim al pasagerilor în cadrul unui singur stat membru la bordul unor nave care se încadrează la clasa A, în conformitate cu articolul 4 din Directiva 98/18/CE a Consiliului din 17 martie 1998 privind normele și standardele de siguranță pentru navele de pasageri, și stabilește anumite cerințe suplimentare.
Furthermore, this Regulation extends the application of those provisions to carriage of passengers by sea within a single Member State on board ships covered by Class A in accordance with Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships and lays down certain supplementary requirements.
În plus, prezentul regulament extinde aplicarea dispozițiilor în cauză la transportul maritim al pasagerilor în cadrul unui singur stat membru și stabilește anumite cerințe suplimentare.
Furthermore, this Regulation extends the application of those provisions to carriage of passengers by sea within a single Member State and lays down certain supplementary requirements.
This amendment restores the original wording proposed by the Commission and the scope as adopted by the European Parliament in its first reading: the European Parliament extended the scope of the Athens Convention to all domestic carriage by sea.
This amendment restores the original wording proposed by the Commission and the scope as adopted by the European Parliament in its first reading: the European Parliament extended the scope of the Athens Convention to all domestic carriage by sea.
Prezentul regulament se aplică oricărui transport internațional în sensul articolului 1 alineatul (9) din Convenția de la Atena din 2002 și transportului maritim în cadrul unui singur stat membru, în cazul în care:
This Regulation shall apply to any international carriage within the meaning of Article 1(9) of the Athens Convention and to carriage by sea within a single Member State, if:
Statele membre pot aplica prezentul regulament în cazul oricărui transport maritim în cadrul unui singur stat membru.
Member States may apply this regulation to all carriage by sea within a single Member States;
There must not be any distinction between domestic and international carriage by sea on the compulsory nature of the Regulation.
There must not be any distinction between domestic and international carriage by sea on the compulsory nature of the Regulation.
Articolul 2 – paragraful 2a (nou)
Article 2 - paragraph 2 a (new)
Prezentul regulament se aplică tuturor navelor care oferă servicii de transport internațional sau național pe mare și care trebuie să efectueze o porțiune a călătoriei pe căi navigabile interioare, precum și tuturor navelor care oferă servicii de transport pe căi navigabile interioare și care trebuie să efectueze o porțiune a călătoriei pe mare.
This Regulation shall apply to all ships providing international or national carriage by sea which have to operate a part of the journey by inland waterways and to all ships providing carriage by inland waterways which have to operate a part of the journey by sea.
The guarantees of liability have to be the same for a ship covered by the Regulation when these latter operates on an inland waterways.
The guarantees of liability have to be the same for a ship covered by the Regulation when these latter operates on an inland waterways.
Articolul 3 – alineatul 1
Article 3 - paragraph 1
This amendment reintroduces Amendment 7 from the first reading.
This amendment reintroduces Amendment 7 from the first reading.
As Article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through the co-decision procedure .
As Article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through the co-decision procedure .
Articolul 3 – alineatul 1 - paragraful 1a (nou)
Article 3 - paragraph 1- subparagraph 1 a (new)
Articolul 7 alineatul (2) din Convenția de la Atena nu se aplică transportului de pasageri care intră sub incidența prezentului regulament, cu excepția cazului în care Parlamentul European și Consiliul, hotărând în conformitate cu procedura prevăzută la articolul 251 din tratat, modifică prezentul regulament în acest sens.
Article 7(2) of the Athens Convention is not applicable to the carriage of passengers falling within the scope of this Regulation unless the European Parliament and the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty, amend this Regulation to this effect.
As Article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through the co-decision procedure.
As Article 7(2) of the Athens Convention concerns the limit of liability for death and personal injury, it is safer to specify that the application of this provision can be amended only through the co-decision procedure.
Prezentul regulament nu modifică drepturile sau obligațiile transportatorului sau ale transportatorului de fapt în temeiul legislației naționale de punere în aplicare a Convenției internaționale din 1976 privind limitarea răspunderii în domeniul creanțelor maritime, astfel cum a fost modificată prin protocolul din 1996, inclusiv orice modificări viitoare aduse Convenției respective.
This Regulation shall not modify the rights or duties of the carrier, or the performing carrier, under national legislation implementing the International Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, including any future amendment to that Convention.