Activities of Dominique VLASTO related to 2005/0238(COD)
Reports (3)
REPORT Report on the joint text approved by the conciliation Committee for a directive of the European Parliament and of the Council on port State control (recast) PDF (148 KB) DOC (93 KB)
REPORT Draft recommendatiojn for second reding on the Council common position for adopting a directive of the European Parliament and of the Council on port State control (Recast) PDF (304 KB) DOC (428 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on port State control (recast) PDF (442 KB) DOC (478 KB)
Amendments (13)
Amendment 45 #
Recital 4 a (new)
(4 a) Member States shall take the necessary measures to adapt their national law to the provisions on limitation of liability of the 1996 Convention. Regarding the ECJ decision in Case C- 188/07, it appears that compensation to third parties in respect of damage caused by waste falls under the 'polluter pays' principle enunciated in Council Directive 75/442/EEC of 15 July 1975 on waste1 and under Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage2, opening up the right to be compensated for the totality of damage caused, including where coverage is not total and beyond the national provisions on incorporation of conventions. 1 Decision of 24 June 2008 (Mesquer municipality) - not yet published in the ECJ Reports. 2 OJ L 194, 25.7.1975, p. 39. 3 OJ L 143, 30.4.2004, p. 56.
Amendment 46 #
Recital 22
(22) A right of appeal against detention orders by the competent authorities shouldmust be made available, in order to prevent unreasonable decisions which may cause undue detention and delay.
Amendment 48 #
Article 2 – paragraph 23 a (new)
(23a). 'Convention of 1996' shall mean the recapitulative text of the 1976 International Maritime Organisation Convention on Limitation of Responsibility for Maritime Claims, as modified by the protocol of 1996;
Amendment 50 #
Article 4 a (new)
Article 4 a Member States shall take the necessary measures to adapt their national law to the provisions on limitation of liability of the 1996 Convention. The principle of compensation to third parties in respect of damage caused by waste falling under the 'polluter pays' principle enunciated in Council Directive 75/442/EEC of 15 July 1975 on waste1 and under Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage2 opens up the right to be compensated for the totality of damage caused, including where coverage is not total and beyond the national provisions on incorporation of conventions. Member States may maintain or introduce provisions that are stricter than those of this article. 1 OJ L 194, 25.7.1975, p. 39. 2 OJ L 143, 30.4.2004, p. 56.
Amendment 51 #
Article 8 – paragraph 1
1. The operator, agent or master of a ship which, in accordance with Article 13, is eligible for an expanded inspection and bound for a port of call or watering of a Member State, shall notify its arrival at the first port of call or watering in the Community in accordance with the provisions laid down in Annex III.
Amendment 52 #
Article 8 – paragraph 2
2. On receipt of the notification referred to in paragraph 1 of this Article and in Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system, the port authority or body or the authority or body designated for that purpose shconcerned shall transmit such information to the competent authority and to those of the ports of call for ward such information to the competent authortering subsequently reached in the Community.
Amendment 53 #
Article 9 – paragraph 2
2. All ships in the inspection data base shall be attributed a ship risk profile which determines their respective priority for inspection, the intervals between the inspections and the scope of inspections. a) Generic parameters Generic parameters arshall be based on the type, age, flag, involved recognised organisations and company performance in accordance with Annex I part I.1 and Annex II. b) Historical parameters Historical parameters arshall be based on the number of deficiencieshortcomings and detentions during a given period in accordance with Annex I part I.2 and Annex II.
Amendment 55 #
Article 15 – paragraph 2 and 3
Amendment 56 #
Article 17 – subparagraph 1
All complaints shall be subject to an initial assessment rapid initial assessment by the competent authority. This assessment shall make it possible to determine whether a complaint is justified, concrete and properly grounded. Should the above be the case, the competent authority shall take the necessary action on the complaint. It shall, in particular, ensure that the ship's master and owner, as well as anyone else directly concerned by the complaint, including the complainant, can enter their remarks.
Amendment 57 #
Article 19 – paragraph 3
3. The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal and the related arrangements.
Amendment 58 #
Article 26
The Commission shall establish and publish regularly on a public website information relating to companies whose performance, in view of determining the ship-risk profile referred to in Annex I part I, has been considered as low and very low for a period of three months or more. The Commission shall adopt, in accordance with the regulatory procedure referred to in Article 30(2), the rules for the implementation of this Article, ensuring that they take account of enterprises' fleet size and specifying in particular the modalities of the publication.
Amendment 59 #
Annex III – point d a (new)
d a) ports of call or watering in the Community subsequently reached during the same voyage;
Amendment 60 #
Annex IV – point 41 a (new)
41 a. Certificates required under Directive 2008/XX/EC of the European Parliament and the Council of … [amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and a regime for civil liability and financial guarantees for shipowners].