natgillin/translations-raw huggingface dataset:
În ceea ce privește despăgubirile solicitate în caz de deces sau vătămare personală a unui pasager, cauzate de oricare dintre riscurile menționate la punctul 2.2 din liniile directoare OMI, transportatorul și transportatorul de fapt își pot limita răspunderea în conformitate cu dispozițiile menționate la primul paragraf, cu condiția ca limita de răspundere calculată în conformitate cu dispozițiile respective să nu depășească, în fiecare caz în parte, 340 milioane DST (drepturi speciale de tragere) per incident sau 250 000 DST per pasager, oricare reprezintă suma cea mai scăzută.
In respect of claims for loss of life or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO Guidelines the carrier and the performing carrier may limit their liability pursuant to the provisions referred to in the first paragraph provided that the limit of liability calculated according to those provisions shall not exceed, on each distinct occasion, 340 million SDR (Special Drawing Rights) per incident, or 250 000 SDR per passenger, whichever is the lower amount.
This amendment is in line with the previous amendment: the global liability ceilings of the LLMC might prevent passengers from recovering a substantial part of their claims under the Athens Convention which entitles passengers to recover 250 000 SDR minimum.
This amendment is in line with the previous amendment: the global liability ceilings of the LLMC might prevent passengers from recovering a substantial part of their claims under the Athens Convention which entitles passengers to recover 250 000 SDR minimum.
With this amendment, the LLMC could not be opposed to victims to limit their claims on the basis of the Athens Convention.
With this amendment, the LLMC could not be opposed to victims to limit their claims on the basis of the Athens Convention.
În cazul în care decesul sau vătămarea personală a unui pasager este cauzată de un incident maritim survenit pe teritoriul unui stat membru sau de un incident survenit la bordul unei nave care călătorește sub pavilionul unui stat membru sau care este înmatriculată într-un stat membru, după caz, transportatorul care a efectuat de fapt transportul în momentul producerii incidentului maritim plătește un avans care să acopere necesitățile economice imediate, în mod proporțional cu dauna suferită, în termen de 15 zile de la identificarea persoanei îndreptățite să primească despăgubiri.
Where the death of, or personal injury to, a passenger has been caused by a shipping incident within the territory of a Member State, or has occurred on board a ship that was flying the flag of a Member State or is registered in a Member State , if applicable, the carrier who actually performed the carriage when the shipping incident occurred shall make an advance payment sufficient to cover immediate economic needs on a basis proportional to the damage suffered, within 15 days from the identification of the person entitled to damages.
În caz de deces, această plată nu poate fi inferioară sumei de 21 000 EUR.
In the event of death this payment shall not be less than EUR 21 000.
În cazul în care decesul sau vătămarea personală a unui pasager este cauzată de un incident maritim, după caz, transportatorul care a efectuat de fapt întregul transport sau numai o parte a acestuia în momentul producerii incidentului maritim plătește un avans care să acopere necesitățile economice imediate, în mod proporțional cu dauna suferită, în termen de 15 zile de la identificarea persoanei îndreptățite să primească despăgubiri.
Where the death of, or personal injury to, a passenger has been caused by a shipping incident, if applicable, the carrier who actually performed the whole or a part of the carriage when the shipping incident occurred shall make an advance payment sufficient to cover immediate economic needs on a basis proportional to the damage suffered, within 15 days from the identification of the person entitled to damages.
În caz de deces sau de invaliditate absolută și permanentă a unui pasager sau în cazul în care un pasager a suferit, pe cel puțin 75 % din corp, răni considerate foarte grave din punct de vedere clinic, această plată nu poate fi inferioară sumei de 21 000 EUR.
In the event of death or the absolute and permanent invalidity of a passenger, or injuries to 75 % or more of the passenger's body considered clinically very serious, this payment shall not be less than EUR 21 000.
This amendment reintroduces part of Amendment 9 from the first reading and strings together the scope of the advance payment with the scope of defined in Article 2, as in the European Parliament's first reading.
This amendment reintroduces part of Amendment 9 from the first reading and strings together the scope of the advance payment with the scope of defined in Article 2, as in the European Parliament's first reading.
For reasons of justice, it is important to ensure that passengers have access to advance payment in order to cover economic needs.
For reasons of justice, it is important to ensure that passengers have access to advance payment in order to cover economic needs.
However, carriers should be able to recover the advance payment if they are cleared of fault.
However, carriers should be able to recover the advance payment if they are cleared of fault.
Articolul 6 – alineatul 3 a (nou)
Article 6 - paragraph 3 a (new)
Plata sau primirea, după caz, a unei plăți în avans dă dreptul operatorului de transport, operatorului de transport de fapt sau pasagerului să inițieze procedurile judiciare pentru stabilirea răspunderii și a culpei.
Payment or receipt, as appropriate, of an advance payment shall entitle the carrier, the performing carrier or the passenger to initiate judicial proceedings to establish liability and fault.
This amendment reintroduces part of Amendment 10 from the first reading.
This amendment reintroduces part of Amendment 10 from the first reading.
A similar provision is included in Regulation (EC) 889/2002 of 13 May 2002 amending Council Regulation (EC) 2027/97 on air carrier liability in the event of accidents .
A similar provision is included in Regulation (EC) 889/2002 of 13 May 2002 amending Council Regulation (EC) 2027/97 on air carrier liability in the event of accidents .
Articolul 7 – alineatul 1
Article 7 - paragraph 1
Transportatorul și/sau transportatorul de fapt se asigură că pasagerilor li se pun la dispoziție informații corespunzătoare și complete cu privire la drepturile lor în temeiul prezentului regulament, cel mai târziu în momentul plecării.
The carrier and/or performing carrier shall ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation at the latest on departure.
În măsura în care obligația de informare în temeiul prezentului articol a fost îndeplinită fie de transportator fie de transportatorul de fapt, celălalt nu este obligat să raporteze.
To the extent that the information obligation under this Article has been fulfilled either by the carrier or the performing carrier, the other shall not be obliged to report.
Informațiile respective se oferă în forma cea mai adecvată.
That information shall be provided in the most appropriate format.
Transportatorul și/sau transportatorul de fapt se asigură că pasagerilor li se pun la dispoziție informații corespunzătoare și complete cu privire la drepturile lor în temeiul prezentului regulament, înainte de momentul plecării momentul plecării.
The carrier and/or performing carrier shall ensure that passengers are provided with appropriate , full and comprehensible information regarding their rights under this Regulation prior to their departure.
Informarea trebuie efectuată într-o formă adecvată, completă și inteligibilă și, în cazul informărilor efectuate de operatorii turistici, în conformitate cu articolul 4 din Directiva 90/314/CEE a Consiliului din 13 iunie 1990 privind pachetele de servicii pentru călătorii, vacanțe și circuite turistice1.
This information shall be provided in an appropriate, full and comprehensible format and, in the case of information provided by tour operators, in accordance with Article 4 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours 1 .
This amendment reintroduces Amendments 11 and 12 from the first reading.
This amendment reintroduces Amendments 11 and 12 from the first reading.
Legal clarification to increase the legal certainty of the regulation and passengers’ access to information .
Legal clarification to increase the legal certainty of the regulation and passengers’ access to information .
Articolul 8 – alineatul 1a (nou)
Article 8 - paragraph 1 a (new)
Raportul poate fi însoțit de propuneri de modificare a prezentului regulament sau de o propunere supusă de către Comunitatea Europeană atenției forurilor internaționale competente.
That report may be accompanied by a proposal for amendment to this Regulation, or by a proposal for a submission to be made by the European Community before the relevant international for ums .
This amendment restores a provision originally proposed by the Commission.
This amendment restores a provision originally proposed by the Commission.
This report should provide the opportunity to submit amendments to the Regulation.
This report should provide the opportunity to submit amendments to the Regulation.
În ceea ce privește transportul maritim pe teritoriul unui singur stat membru la bordul unor nave care se încadrează în clasa A conform articolului 4 din directiva 98/18/CE , statele membre pot alege să amâne aplicarea prezentului regulament până la patru ani de la data aplicării acestuia.
In respect of carriage by sea within a single Member State on board ships covered by Class A in accordance with Article 4 of Directive 98/18/EC , Member States may choose to defer application of this Regulation until four years after the date of its application.
În ceea ce privește transportul maritim pe teritoriul unui singur stat membru, statele membre pot alege să amâne aplicarea prezentului regulament până la doi ani de la data aplicării acestuia pentru transportul pe linii regulate de feribot și până la patru ani de la data aplicării acestuia pentru transportul pe linii regulate de feribot în regiunile care intră sub incidența articolului 299 alineatul (2) din tratat .
In respect of carriage by sea within a single Member State, Member States may choose to defer application of this Regulation until two years after the date of its application for carriage by regular ferry lines and until four years after the date of its application for carriage by regular ferry lines in the regions covered by Article 299(2) of the Treaty .
This amendment reintroduces Amendments 13 and 15 from the first reading.
This amendment reintroduces Amendments 13 and 15 from the first reading.
A different implementation deadline for domestic regular ferry lines should be offered to carriers as to ensure efficient and financially sustainable civil liability coverage.
A different implementation deadline for domestic regular ferry lines should be offered to carriers as to ensure efficient and financially sustainable civil liability coverage.
Articolul 11 – alineatul 1a (nou)
Article 11 - paragraph 1 a (new)
În ceea ce privește transportul pe căi navigabile interioare, statele membre pot alege să amâne aplicarea prezentului regulament până la patru ani de la data aplicării acestuia.
In relation to carriage by inland waterways, Member States may choose to defer application of this Regulation until four years after the date of its application.
This amendment reintroduces Amendment 14 from the first reading.
This amendment reintroduces Amendment 14 from the first reading.
A longer deadline for inland waterway transport is necessary because carriers are not covered by P&I clubs.
A longer deadline for inland waterway transport is necessary because carriers are not covered by P&I clubs.
EU passengers' rights have been firmly present on the agenda of the common transport policy since the publication of Commission's White paper in 2001.
EU passengers' rights have been firmly present on the agenda of the common transport policy since the publication of Commission's White paper in 2001.
As an integral part of this agenda, the protection of EU passengers under an efficient system of liability has been relayed in the different transport modes through the ratification of the Montreal Convention and additional EC rules for air transport and through the publication of Commission's Proposal of Regulation on International Rail Passengers’ Rights and Obligations.
As an integral part of this agenda, the protection of EU passengers under an efficient system of liability has been relayed in the different transport modes through the ratification of the Montreal Convention and additional EC rules for air transport and through the publication of Commission's Proposal of Regulation on International Rail Passengers’ Rights and Obligations.
After the Commission presented on 24 June 2003 a proposal for a Council decision concerning the conclusion by the European Community of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, the Commission proposed that the Community becomes a Contracting Party to the Protocol at the earliest possible moment and that the Member States shall do likewise before the end of 2005.
After the Commission presented on 24 June 2003 a proposal for a Council decision concerning the conclusion by the European Community of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, the Commission proposed that the Community becomes a Contracting Party to the Protocol at the earliest possible moment and that the Member States shall do likewise before the end of 2005.
As no progress has been made on this Proposal within the Council, the Commission proposed on 23 November 2005 to incorporate the Athens Convention into EC law and to add some adaptations to it, in particular on its scope of implementation.
As no progress has been made on this Proposal within the Council, the Commission proposed on 23 November 2005 to incorporate the Athens Convention into EC law and to add some adaptations to it, in particular on its scope of implementation.
The European Parliament adopted its first reading on this proposal on 25 April 2007.
The European Parliament adopted its first reading on this proposal on 25 April 2007.
The Common position of the Council
The Common position of the Council
The Council adopted its Common position on 6 June 2008.
The Council adopted its Common position on 6 June 2008.
On the elements of the European parliament's first reading, the Council retained a part of the amendments of the Parliament in its Common position.
On the elements of the European parliament's first reading, the Council retained a part of the amendments of the Parliament in its Common position.
The main insertions concern the restriction of the scope to sea carriage.
The main insertions concern the restriction of the scope to sea carriage.
The Council shared the European Parliament's views to exclude from the scope of the Regulation the inland waterway transport however the European parliament adopted some provisions giving more time to adapt to the operators.
The Council shared the European Parliament's views to exclude from the scope of the Regulation the inland waterway transport however the European parliament adopted some provisions giving more time to adapt to the operators.
The Council accepted as well the incorporation of the IMO guidelines on damages connected with terrorist attacks.
The Council accepted as well the incorporation of the IMO guidelines on damages connected with terrorist attacks.
Both Parliament and Council considered important that the special liability scheme concerning terrorist risks, as set up by IMO legal Committee, should be inserted in the text of the Regulation.
Both Parliament and Council considered important that the special liability scheme concerning terrorist risks, as set up by IMO legal Committee, should be inserted in the text of the Regulation.
Lastly on the elements accepted by the Council, the amendments of the European Parliament on the nature of the information supplied to the passengers on their rights and on the reimbursement of unduly advance payment were partly retained in the text of the Common position.
Lastly on the elements accepted by the Council, the amendments of the European Parliament on the nature of the information supplied to the passengers on their rights and on the reimbursement of unduly advance payment were partly retained in the text of the Common position.
But some differences remain between Council and Parliament on the moment to provide this information and on the full character of this information.
But some differences remain between Council and Parliament on the moment to provide this information and on the full character of this information.
Concerning the advance payments, however the Council is not opposed to the principle of this measure, it did not retain the extension to cases like serious injury and permanent invalidity.
Concerning the advance payments, however the Council is not opposed to the principle of this measure, it did not retain the extension to cases like serious injury and permanent invalidity.
Concerning the elements that were fully or mostly rejected, the extension of the scope to domestic maritime carriage was not retained.
Concerning the elements that were fully or mostly rejected, the extension of the scope to domestic maritime carriage was not retained.
Thus the Council restricted the scope to the ships providing carriage within the Member States covered by Class A in accordance with article 4 of Directive 98/18/EC.
Thus the Council restricted the scope to the ships providing carriage within the Member States covered by Class A in accordance with article 4 of Directive 98/18/EC.
On the compensation limits, the Council rejected the amendments of the Parliament, supported by the Commission, which inserted some provisions harmonising the maximum and minimum compensation limits.
On the compensation limits, the Council rejected the amendments of the Parliament, supported by the Commission, which inserted some provisions harmonising the maximum and minimum compensation limits.
The Council decided firstly to fully apply the Article 7(2) ("Opt-out" clause) of the Athens Convention, which allows Party to the Convention to adopt higher limits of liability than the ones provided by the Athens Convention.
The Council decided firstly to fully apply the Article 7(2) ("Opt-out" clause) of the Athens Convention, which allows Party to the Convention to adopt higher limits of liability than the ones provided by the Athens Convention.
This will have for effect not to have a harmonised limit of liability through the European Union.
This will have for effect not to have a harmonised limit of liability through the European Union.
But on the other hand, the Council maintained also the implementation of the Article 19 of the Convention, which was rejected by the European Parliament.
But on the other hand, the Council maintained also the implementation of the Article 19 of the Convention, which was rejected by the European Parliament.
This article allows mechanisms limiting the global liability provided by other conventions, like for example the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) and its 1996 Protocol.
This article allows mechanisms limiting the global liability provided by other conventions, like for example the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) and its 1996 Protocol.
Potentially, the compensation limits could be lower than the ones in the Athens Convention.
Potentially, the compensation limits could be lower than the ones in the Athens Convention.
The Rapporteur reintroduced the following elements of the first reading of the European Parliament:
The Rapporteur reintroduced the following elements of the first reading of the European Parliament:
· Extension of the scope of application to domestic maritime transport : The Rapporteur is of the opinion that this extension is feasible and that the insurance market will have the capacity to insure these types of risks with a reasonable extra cost for the passengers.
· Extension of the scope of application to domestic maritime transport : The Rapporteur is of the opinion that this extension is feasible and that the insurance market will have the capacity to insure these types of risks with a reasonable extra cost for the passengers.
However, as operators of domestic traffic 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.
However, as operators of domestic traffic 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.
· Pre-journey information : this provision has to be upheld and in line with what has been done in other transport modes.
· Pre-journey information : this provision has to be upheld and in line with what has been done in other transport modes.
· The "Opt-out" clause : the implementation of the Article 7(2) has to be limited, as the Rapporteur considers it is safer to specify that the application of this provision can be amended only through co-decision procedure .
· The "Opt-out" clause : the implementation of the Article 7(2) has to be limited, as the Rapporteur considers it is safer to specify that the application of this provision can be amended only through co-decision procedure .
· The global limitation of liability imposed by other Conventions : the Article 19 has to be excluded from the implementation of the Regulation, as it would authorise a carrier liable for death or injury to passengers on the basis of the Athens Convention to limit his liability by referring to global liability ceilings imposed by other Conventions, like the LLMC Convention.
· The global limitation of liability imposed by other Conventions : the Article 19 has to be excluded from the implementation of the Regulation, as it would authorise a carrier liable for death or injury to passengers on the basis of the Athens Convention to limit his liability by referring to global liability ceilings imposed by other Conventions, like the LLMC Convention.
· The advance payment : the minimum level of the advance payment should not cover only the event of death, but other cases like serious injury and permanent invalidity.
· The advance payment : the minimum level of the advance payment should not cover only the event of death, but other cases like serious injury and permanent invalidity.