28 Amendments of István UJHELYI related to 2016/0050(COD)
Amendment 77 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) With the view to encourage mobility and ensure the attractiveness of the profession of boatman and other deck crew members, Member States should ensure fair working conditions for all forms of employment, guaranteeing workers a set of rights such as the right to equal treatment, the right to social protection, the right to report abuses, health and safety protection, as well as provisions for working time and rest time. It is important that the sector can provide programmes focused both on retaining the people aged over fifty and on improving the youngsters' skills and employability.
Amendment 78 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) All deck crew members holding certificates of qualification, record books and logbooks issued in third countries and recognised by the responsible authorities in the Union, should be subject to the social and labour law of the Member State where the activity is carried.
Amendment 83 #
Proposal for a directive
Recital 8
Recital 8
Amendment 87 #
Proposal for a directive
Recital 9
Recital 9
(9) With a view to contributing to the mobility of persons involved in the operation of vessels across the Union and considering that all certificates of qualification, service record books and logbooks issued in accordance with this Directive should comply with minimumhigh standards in accordance with harmonised criteria, Member States should recognise the professional qualifications certified in accordance with this Directive. Consequently the holders of such qualifications should be able to exercise their profession on all Union inland waterways.
Amendment 91 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should issue certificates of qualification only to persons that have the minimumadequate levels of competence, the minimum age, the minimum medical fitness and the navigation time required for obtaining a specific qualification.
Amendment 92 #
Proposal for a directive
Recital 13
Recital 13
(13) To safeguard the mutual recognition of qualifications, the certificates of qualification should be based on the competences necessary for the operation of vessels. Member States should ensure that persons receiving certificates of qualification have the corresponding minimumnecessary and adequate levels of competence, verified following an appropriate assessment. Such assessments may take the form of an administrative examination or may form part of approved training programmes carried out in accordance with common standards in order to ensure a comparable minimum level of competence in all Member States for various qualifications.
Amendment 94 #
Proposal for a directive
Recital 15
Recital 15
(15) Approval of training programmes is necessary to verify that the programmes comply with common minimumnecessary requirements regarding content and organisation. Such compliance allows for the eliminatingon of unnecessary barriers to entering the profession by preventing those who have already acquired the necessary skills during their vocational training from passing unnecessary additional examination. The existence of approved training programmes may also facilitate the entry of workers with prior experience from other sectors into the profession of inland navigation as they may benefit from dedicated training programmes that take account of their already acquired competences.
Amendment 95 #
Proposal for a directive
Recital 16
Recital 16
(16) To further facilitate mobility for boatmasters, all Member States should be allowed, where practicable, to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the Union where such risks are identified to assess the competences necessary for navigating on a stretch with specific risks.
Amendment 100 #
Proposal for a directive
Recital 21
Recital 21
(21) Council Directive 2014/112/EU1a and this Directive represent the first two steps in establishing a coherent and modern legislative framework at Union level as regards the inland waterway transport labour market. With a view to further reducing administrative burden whilst rendering the documents less prone to tampering, the Commission should as a second step, after the adoption of this Directive, exambegine the possibilityrocess of introducing an electronic versions of service record books and logbooks, as well as electronic professional cards incorporating Union certificates of qualifications. In doing so, the Commission should take into account existing technologies in other modes of transport into account, in particular road transport. In addition, existing crewing requirements should be modernised in order to come to a harmonised, transparent, flexible and sustainable crewing system in the Union. After conducting an impact assessments including of cost-benefit and of the impacts on the fundamental rights, in particular in relation to the protection of personal data, the Commission should present, if appropriate, a proposal to proposals for those initiatives. __________________ 1a Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European PBarliament and the Council.ge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF) Text with EEA relevance (OJ L 367, 23.12.2014, p. 86)
Amendment 111 #
Proposal for a directive
Recital 26
Recital 26
(26) The CESNI which is open to experts from all Member States, social partners and professional associations, draws up standards in the field of inland navigation, including for professional qualifications. The Commission and social conditions. The Commission, in consultation with the European Parliament, may take into account such standards when empowered to adopt acts in conformity with this Directive.
Amendment 116 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) In order to improve gender balance and in view of the staffing shortage in the inland waterway sector, access to the profession for women should be promoted and gender-based violence and hostility combatted.
Amendment 134 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘boatmaster’ means a deck crew member qualified to sail a vessel on the Member States’ inland waterways and who has nautical responsibility for the vessel, the crew and the cargo;
Amendment 141 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘large convoy’ means a pushed convoy composed of the pusher and sevenfor which the product of total length and total width is 6000 square metres or more barges;
Amendment 143 #
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘logbook’ means an official record of the journeys made by a vessel and its crew;
Amendment 149 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. When necessary for ensuring safety of navigation, Member States may identify stretches of inland waterways with specific risks, except for inland waterways of a maritime character referred to in Article 7, and only based on strict criteria established by the Commission with the participation of experts and professional associations from the Member States, where such risks are due to:
Amendment 151 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the presence of a specific local traffic regulation not part ofbased upon the European Code for Navigation on Inland Waterways justified by specific hydro- morphological features.
Amendment 167 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Without prejudice to the limitation referred to in paragraph 4, Union certificates of qualification for boatmasters shall be valid up to a maximum of 105 years.
Amendment 170 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)
Article 13 – paragraph 1 – subparagraph 1 a (new)
The validity of the Union certificate of qualification may be temporarily suspended by any Member State where that Member States deems such suspension to be necessary on grounds of safety and public order. Member States shall record without delay suspensions and withdrawals in the database referred to in Article 23(2).
Amendment 176 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall adopt implementing acts establishing models for practical examination certificates. When adopting these acts, the Commission shall make reference to standards established by an international body and taking into account the opinion of experts from Members States and professional associations. The standards put forward need to be up- to-date and available in all Member State languages.
Amendment 180 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The Member States tshatll identify inland waterways stretches with specific risks in the meaning of Article 8(1), shall define t based on criteria established by the Commission together with experts from the Member States. The additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met shall also be defined by the Member States together with the Commission and experts from the Member States.
Amendment 182 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Taking into account the competences required for the specific risk, those means may consist of a limited number of journeys to be carried out on the stretch concerned, a simulator examination where available, a multiple choice examination or a combination thereof.
Amendment 186 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Any Member State may carry out assessments of applicants’ competence for specific risks for stretches located in another Member State based on the requirements established in accordance with paragraph 1. Upon request and in case of examination by means of multiple choice exams or simulators, Member States referred to in paragraph 1 shall provide other Member States carrying the assessment with the available tools allowing themto enable it to carry out that assessment.
Amendment 196 #
Proposal for a directive
Article 29 – paragraph 6
Article 29 – paragraph 6
6. When exercising its power of delegation referred to in Article 15(1) and (4), Articles 19, 21 and Article 23(1) and (2) the Commission may adopt delegated acts which make a reference to standards established by an international body.the Commission together with experts from the Member States, provided that:
Amendment 197 #
Proposal for a directive
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Those standards shall be up-to- date and available in all Member State languages.
Amendment 200 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 210 #
Proposal for a directive
Article 34 – paragraph 3 – subparagraph 1 a (new)
Article 34 – paragraph 3 – subparagraph 1 a (new)
The minimum duration of the navigation time may be reduced by a maximum of 360 days where the applicant has a diploma organised by the competent authority which confirms specialised training in inland navigation comprising practical navigation work.
Amendment 244 #
Proposal for a directive
Annex II – point 2 – point 2.6 – indent 2
Annex II – point 2 – point 2.6 – indent 2
- ensure good communication at all times, which includes the use of standardised communication phrases in situations with communication problems;, in a similar vein to the requirements stipulated in Directive 2008/106, where English goes together with other languages.
Amendment 247 #
Proposal for a directive
Annex II – point 2 – point 2.7 – indent 4 a (new)
Annex II – point 2 – point 2.7 – indent 4 a (new)
- shall be able to instruct and control all tasks exercised by other deck crew members as referred to in Chapter 1 of this Annex, implying abilities to perform these tasks.