16 Amendments of Emanuel Jardim FERNANDES related to 2005/0237(COD)
Amendment 20 #
Title
Directive …/….../.../EC of the European Parliament and of the Council on compliance with flag State requirements and on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Recast)
Amendment 22 #
Article 1
The purpose of this Ddirective is: (a) to ensure that Member States effectively and consistently discharge their obligations as flag States in accordance with international conventions; (b) to establishes measures to be followed by the Member States in their relationship with organisations entrusted with the inspection, survey and certification of ships for compliance with the international conventions on safety at sea and prevention of marine pollution, while furthering the objective of freedom to provide services. This includes the development and implementation of safety requirements for hull, machinery and electrical and control installations of ships falling under the scope of the international conventions.
Amendment 23 #
Article 2 – point d
(d) "international conventions" means the International Convention for the Safety of Life at Sea of 1 November 1974, (SOLAS 74) with the exception of chapter XI-2 of the Annex thereto, the International Convention of Load Lines of 5 April 1966 and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (Marpol), the International Convention on Tonnage Measurement of Ships, 1969 (Tonnage 69), the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1978), the Convention on International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, in their up-to-date version;
Amendment 24 #
Article 2 – point d a (new)
(da) “Flag State Code” means parts 1 and 2 of the “Code for the Implementation of Mandatory IMO Instruments”, adopted by the IMO through Assembly Resolution A.996(25) on 29 November 2007, in its up-to-date version;
Amendment 25 #
Article 2 – point d b (new)
(db) “administration” means the competent authorities of the Member State, whose flag the ship is flying, including departments, agencies, bodies, in charge of the implementation of the flag State related provisions of the IMO Conventions;
Amendment 26 #
Article 3 – paragraph 1
1. In assuming their responsibilities and obligations under the international conventions, Member States shall ensure that their competent administrations can ensure appropriate enforcement of the provisions thereof, in particular with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions. Member States shall act in accordance with the relevant provisions of the Annex and the Appendix to IMO Resolution A.847(20) on guidelines to assist flag States in the implementation of IMO instrumentsaccordance with Paragraphs 1a - 1c.
Amendment 27 #
Article 3 – paragraph 1 a (new)
1a. Member States shall apply the provisions of the Flag State Code.
Amendment 28 #
Article 3 – paragraph 1 b (new)
1b. Member States shall take the necessary measures for an independent auditing of their administration at least once every five years in accordance with the provisions of Resolution A.974 (24) adopted by the IMO Assembly on 1 December 2005. They shall ensure, based on the audit findings, that if appropriate, a comprehensive corrective plan is drawn up in accordance with section 8 of Part II of the Annex to that Resolution and ensure implementation in a timely and effective manner.
Amendment 29 #
Article 3 – paragraph 1 c (new)
1c. Member States shall take the necessary measures with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions.
Amendment 30 #
Title (new) to Article 3 a (new)
Amendment 31 #
Article 3 a (new)
1. Prior to allowing a ship to operate, which has been granted the right to fly its flag, the Member State concerned shall take the appropriate measures to ensure that the ship in question complies with the applicable international rules and regulations. In particular, it shall verify the safety records of the ship by all reasonable means. It shall, if necessary, consult with the administration of the losing flag State in order to establish whether any outstanding deficiencies or safety issues identified by that administration remain unresolved. 2. Whenever a flag State requests information concerning a ship which was previously flying the flag of a Member State, the requested Member State shall promptly provide details of outstanding deficiencies and any other relevant safety related information to the requesting flag State. 3. When the administration is informed that a ship flying the flag of the Member State concerned has been detained by a port State, it shall oversee the appropriate corrective measures to bring the ship into compliance with the applicable regulations and IMO Conventions. For this purpose, that administration shall establish the applicable procedures.
Amendment 32 #
Article 3 b (new)
Article 3b 1. Member States shall ensure that at least the following information concerning the ships flying their flag are kept under the direct control of a public authority and remain at all times readily accessible to the administration by appropriate electronic means: (a) particulars of the ship (Name, IMO number, etc.); (b) dates of the surveys, including additional and supplementary surveys, if any, and audits; (c) identification of the recognised organisations involved in the certification and classification of the ship; (d) identification of the body which has inspected the ship under Port State control provisions and dates of the inspections; (e) outcome of the port State control inspections (Deficiencies: Yes or No; Detentions Yes or No); (f) information on casualties; (g) identification of the ships which have ceased to fly the flag of the Member State concerned during the previous 12 months. Member States shall, upon request, provide the Commission with the above mentioned data.
Amendment 33 #
Article 3 c (new)
Amendment 34 #
Article 3 d (new)
Article 3d The Commission shall, before the end of [2010], submit to the European Parliament and the Council a report on the feasibility of establishing a Memorandum of Understanding on flag State control obligations, aiming at ensuring a level playing field between flag States, which have committed themselves to implement in a mandatory way the Flag State Code, and agreed to be audited in accordance with the provisions of Resolution A. 974 (24) adopted by the IMO Assembly on 1 December 2005.
Amendment 35 #
Title (new) to Article 4
Relationship with recognised organisations
Amendment 39 #
Title (new) to Article 12
Final provisions