[ParlTrack]

Title

Directive 2002/59/EC
Title

Directive 2008/…XX/EC of the European Parliament and of the Council amending Directive 2002/59/EC establishing a Community vessel ~~traffic~~ monitoring and information system and rules governing ship owners' civil liability and financial guarantee

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point -1 (new)

Directive 2002/59/EC
Article 1 – subparagraph 1 a (new)

(-1) In Article 1 the following subparagraph is added after the first subparagraph: 'This Directive shall also lay down rules applicable to certain aspects of the obligations on operators in the maritime- transport chain as regards civil liability and shall introduce suitable financial protection for seafarers in the event of abandonment.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point -1 a (new)

Directive 2002/59/EC
Article 2 – paragraph 1

(-1a) In Article 2, paragraph1 is replaced by the following text: '1. This Directive shall apply: - to ships of 300 gross tonnage and upwards (unless otherwise stated) and - pursuant to international law, to maritime areas under the Member States' jurisdiction.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 2 a) i a) (new)

Directive 2002/59/EC
Article 3 – point a – indent 4 a (new)

(ia) the following indent is inserted after the fourth indent: '-'1996 Convention' means the summary of the 1976 Convention on Limitation of Liability for Maritime Claims as adopted by the International Maritime Organisation and as amended by the 1996 protocol;'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 2 a) i b) (new)

Directive 2002/59/EC
Article 3 – point a – indent 5 a (new)

(ib) the following indent is inserted after the fifth indent: '-'IMO Resolution A 930(22)' means the resolution of the International Maritime Organisation's Assembly and the International Labour Office's Governing Body entitled 'Guidelines on provision of financial security in case of abandonment of seafarers'.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 2 b a) (new)

Directive 2002/59/EC
Article 3 – point k a (new)

(ba) the following point is inserted: '(ka) 'ship owner' means the owner of the ship or any other organisation or person (such as the manager, the agent or the bareboat charterer) on whom the ship owner has conferred responsibility for operation of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities involved;'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 2 c)

Directive 2002/59/EC
Article 3 – point v a (new)

(va) 'civil liability' for the purposes of the 1996 Convention means the liability by virtue of which a third party to the maritime-transport operation responsible for the damage caused is entitled to make a claim subject to limitation under Article 2 of that Convention, with the exception of claims covered by Regulation (EC) No .../2008 of the European Parliament and of the Council [on the liability of passenger carriers by sea or by inland waterway in the event of accident];'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 9 a (new)

Directive 2002/59/EC
Article 20 b (new)

(9a) The following article is inserted: 'Article 20b Liability and financial-guarantee regime Member States shall determine the regime of civil liability for ship owners and shall ensure that the right of ship owners to limit their liability is governed by all provisions of the 1996 Convention. Each Member State shall take the necessary measures to ensure that every owner of a ship flying its flag has a financial guarantee for civil liability in accordance with the ceiling laid down in the 1996 Convention. Each Member State shall take the necessary measures to ensure that every owner of a ship flying the flag of a third country has a financial guarantee in accordance with the provisions of the first paragraph as soon as that ship enters its exclusive economic area or equivalent area. The financial guarantee shall be valid for at least three months from the date it is required.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 – point 9 b (new)

Directive 2002/59/EC
Article 20 c (new)

(9b) The following article is inserted: 'Article 20c Financial guarantee in case of abandonment of seafarers Each Member State shall take the necessary measures to ensure that every owner of a ship flying its flag has a financial guarantee to protect the seafarers employed or engaged on board the ship in case of abandonment, in accordance with IMO Resolution A 930(22). Each Member State shall take the necessary measures to ensure that every owner of a ship flying the flag of a third country has a financial guarantee in accordance with the provisions of the first paragraph, as soon as that ship enters a port or an offshore terminal under its jurisdiction or drops anchor in an area under its jurisdiction. The Member States shall ensure that the system of financial guarantee in case of abandonment of seafarers is accessible, in accordance with IMO Resolution A 930(22).'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 c (new)

Directive 2002/59/EC
Article 20 d (new)

9c) the following Article is inserted: 'Article 20d Financial-guarantee certificates 1. The existence of the financial guarantee referred to in Articles 20b and 20c and the validity thereof shall be proved by one of more certificates. 2. Certificates shall be issued by the competent authorities of the Member States once they are sure that the ship owner complies with the requirements laid down in this Directive. When issuing certificates, competent authorities shall also consider whether a guarantor has business operations in the EU. When a ship is registered in a Member State, the certificates shall be issued or certified by the competent authority of the State in which the ship is registered. When a ship is registered in a third country, the certificates may be issued or certified by the competent authority of any Member State. 3. The conditions for the issue and the validity of the certificates, in particular the criteria and conditions for issue, as well as the measures concerning the providers of the financial guarantees, shall be determined by the Commission. Those measures, which are designed to amend the non-essential elements of this Directive (inter alia by supplementing it), shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 28(2). 4. The certificates shall include the following information: (a) name of ship and registry port; (b) owner’s name and principal place of business; (c) type of guarantee; (d) name and principal place of business of insurer or other person granting the guarantee and, where appropriate, the place of business where the insurance or guarantee is established; (e) the period of validity of the certificate, which shall not exceed the period of validity of the insurance or guarantee. 5. The certificates shall be drawn up in the official language(s) of the issuing Member State. If the language used is neither English nor French, the text shall include a translation into one of these languages. '

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 d (new)

Directive 2002/59/EC
Article 20 e (new)

9d. The following Article is inserted: 'Article 20e Notification of the financial-guarantee certificate 1. The certificate shall be carried on board the ship and a copy shall be deposited with the authority which keeps the record of the ship's registry or, if the ship is not registered in a Member State, with the authority of the State which issued or certified the certificate. The authority concerned shall forward a copy of the certification file to the Community Office provided for in Article 20i, so that the latter may include it in the register. 2. The operator, agent or captain of a ship entering the exclusive economic area or equivalent area of a Member State in the cases set out in Article 20b shall notify the authorities of that Member State that a financial-guarantee certificate is being carried on board. 3. The operator, agent or captain of a ship bound for a port or offshore terminal under the jurisdiction of a Member State or which wishes to drop anchor in an area under the jurisdiction of a Member State in the cases set out in Article 20c shall notify the authorities of that Member State that a financial- guarantee certificate is being carried on board. 4. The competent authorities of the Member States shall be able to share the information provided for in paragraph 1 through the SafeSeaNet Community platform for maritime-data exchange.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 e (new)

Directive 2002/59/EC
Article 20 f (new)

(9e) The following Article is inserted: 'Article 20f Penalties Member States shall ensure compliance with the rules set out in this Directive and shall lay down penalties for infringement of those rules. The penalties shall be effective, proportionate and dissuasive.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 f (new)

Directive 2002/59/EC
Article 20 g (new)

(9f) The following Article is inserted: 'Article 20g Mutual recognition by Member States of financial-guarantee certificates Each Member State shall recognise certificates issued or certified by another Member State under Article 20d for all purposes of this Directive and shall consider them as having the same value as certificates which it issued or certified itself, even when the ship is not registered in a Member State. A Member State may at any time request an exchange of views with the issuing or certifying State, should it believe that the insurer or guarantor named on the certificate is not financially capable of meeting the obligations imposed under this Directive.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 g (new)

Directive 2002/59/EC
Article 20 h (new)

(9g) The following Article is inserted: 'Article 20h Direct action against the provider of the financial guarantee for civil liability Any requests for compensation for damage caused by the ship may be addressed directly to the provider of the financial guarantee for civil liability covering the owner’s civil liability. The provider of the financial guarantee may rely on the means of defence which the owner himself would be entitled to invoke, with the exception of those based on the owner declaring bankruptcy or going into liquidation. The provider of the financial guarantee may also rely on the fact that the damage was the result of intentional fault on the part of the owner. However, it may not rely on any of the means of defence which it could have invoked in an action brought against it by the owner. The provider of the financial guarantee may, in all cases, require the owner to be joined in the proceedings.'

2008/07/23
Committee: TRAN

Gilles SAVARY

Article 1 - point 9 h (new)

Directive 2002/59/EC
Article 20 i (new)

(9h) The following Article is inserted: 'Article 20i Community Office A Community Office shall be established which shall be responsible for keeping a full register of certificates issued, monitoring and updating their validity, and checking the existence of financial guarantees registered by third countries.'

2008/07/23
Committee: TRAN

15 Amendments of Gilles SAVARY related to 2005/0239(COD)

ParlTrack - 2011-2024