27 Amendments of Lynn BOYLAN related to 2016/0050(COD)
Amendment A #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should issue certificates of qualification only to persons that have the minimumrequired levels of competence resulting from successful participation in an approved training programme and validated by an assessment, the minimum age, the minimum medical fitness, the required education and training, and the navigation time required for obtaining a specific qualification.
Amendment B #
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 minimumrequired 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 and where necessary a practical assessment 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 C #
Proposal for a directive
Recital 14
Recital 14
(14) Due to the responsibility with respect toand the need to ensure safety when exercising the profession of boatmasterdeck crew member, boatmaster, and safety expert for passenger vessels, sailing with the aid of radar and bunkering liquefied natural gas- fuelled vessels or sailing liquefied natural gas-fuelled vessels, verification through practical examinations on whether the required level of competence has effectively been reached is required. Such practical examinations may be carried out using approved simulators, with a view to further facilitating the evaluation of competence.
Amendment D #
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 eliminating unnecessaryon of barriers to entering the profession by preventing those who have already acquired the necessary skills in a maritime working environment, or skills which are related to the maritime professions, during their vocational or other 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 E #
Proposal for a directive
Recital 21
Recital 21
(21) 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, examine the possibility ofconsider adopting suitable legal framework provisions for the introducingtion of an electronic version of service record books and logbooks, as well as electronic professional cards incorporating Union certificates of qualifications. In doing so, the Commission should take existing technologies in other modes of transport into account, in particular road transport. It should also take into account usability and accessibility in line with the UN Convention of the rights of persons with disabilities. After conducting an impact assessment 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 the European Parliament and the Council.Tamper-proof equipment should also be provided for the electronic recording of working hours and duties performed by all crew members.
Amendment F #
Proposal for a directive
Recital 24
Recital 24
(24) In order to provide minimumthe required harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence based on CESNI standards, standards for medical fitness, standards for practical and oral examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment G #
Proposal for a directive
Recital 26
Recital 26
(26) The CESNI which is open to experts from all Member States, draws up standards in the field of inland navigation, including for professional qualifications. The Commission may take into account suchRiver Commissions and Social Partners shall be fully involved in the design and drawing up of standards in the field of inland navigation, including for professional qualifications. With the exception of stretches of navigable waterways in which Member States deem that there are specific risks, the Commission may only act on CESNI standards when empowered to adopt acts in conformity with this Directive.
Amendment H #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘deck crew members’ means persons involved in the operation of a vessel navigating on Union inland waterways carrying out tasks related to navigation, controlling the operation of the vessel, marine engineering, communication, safety, health & environmental protection, cargo handling, stowage, maintenance or repair, with the exception of persons solely assigned to the operation of the engines, electrical and electronic equipment;
Amendment I #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘passenger navigation expert’ means a person serving on board the vessel who is competent to take measures in emergency situations on board passenger vessels;
Amendment 73 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates. Member States shall nominate or establish a competent authority to receive complaints concerning the factual accuracy of certificates of qualifications issued by another Member State or country. The Member States shall inform the Commission and CESNI about the complaint. The Commission shall investigate and take appropriate measures. Member States may suspend certificates where the authority finds that they contain or appear to contain factual inaccuracies that could endanger public safety. Such suspension shall continue until the Member State concerned is satisfied that the certificates are correct. Member States shall collect information about complaints and suspensions of certificates and lodge them in a database in accordance with Article 23(2).
Amendment J #
Proposal for a directive
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) as part of a training programme that is part of the Member State’s training system approved in accordance with Article 17.
Amendment K #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is establishedwith navigable waterways in whose territory the competent institute provides education or training, provided that the educational programme is an integral part of the Member State's training system. Member States may approve training programmes at national level on condition that such programmes meet the common criteria defined by CESNI in the Quality Assessment and Assurance System (QAAS) which may be adopted through a delegated act by the Commission.
Amendment L #
Proposal for a directive
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified examinersindependent examiners, free from conflicts of interest.
Amendment 76 #
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) the Union certificate of qualification for boatmen, able-boatmen as referred to in Annex I, point 2.2 b), and boatmasters;
Amendment M #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The Member States thatemselves shall identify inland waterways stretches withhich run through their own territories which pose specific risks within the meaning of Article 8(1),. The Member States shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such competence requirements are met.
Amendment N #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Simulators used for theraining and assessment of competencies shall be of a comparable standard and be subject to an approval by Member States. That approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2. The approval shall specify which particular assessment of competence is authorised as regards the simulator.
Amendment 80 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States with navigable waterways in whose territory the relevant education or training institute is establishedcarried out. Member States may approve training programmes at national level on condition that such programmes meet the common criteria defined by CESNI in the Quality Assessment and Assurance System (QAAS) which may be adopted through a delegated act by the Commission.
Amendment 94 #
Proposal for a directive
Annex I – point 1 – point 1.2 – paragraph 2 – indent 2 a (new)
Annex I – point 1 – point 1.2 – paragraph 2 – indent 2 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 97 #
Proposal for a directive
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 2 – indent 3 a (new)
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 2 – indent 3 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 98 #
Proposal for a directive
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 4 – indent 3 a (new)
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 4 – indent 3 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 101 #
Proposal for a directive
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 6 – indent 4 a (new)
Annex I – point 2 – point 2.1 – paragraph 2 – subparagraph 6 – indent 4 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 103 #
Proposal for a directive
Annex I – point 2 – point 2.2 – paragraph 2 – subparagraph 2 – indent 1 a (new)
Annex I – point 2 – point 2.2 – paragraph 2 – subparagraph 2 – indent 1 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 105 #
Proposal for a directive
Annex I – point 2 – point 2.2 – paragraph 2 – subparagraph 4 – indent 2 a (new)
Annex I – point 2 – point 2.2 – paragraph 2 – subparagraph 4 – indent 2 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 107 #
Proposal for a directive
Annex I – point 2 – point 2.3 – indent 1 (new)
Annex I – point 2 – point 2.3 – indent 1 (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 109 #
Proposal for a directive
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 2 – indent 3 a (new)
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 2 – indent 3 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 110 #
Proposal for a directive
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 4 – indent 3 a (new)
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 4 – indent 3 a (new)
- have an approved certificate proving competence for radio on inland water vessels.
Amendment 112 #
Proposal for a directive
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 6 – indent 4 a (new)
Annex I – point 3 – point 3.1 – paragraph 2 – subparagraph 6 – indent 4 a (new)
- have an approved certificate proving competence for radio on inland water vessels.