Proposal for a Regulation of the European Parliament and of the Council establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU Preparation for the trilogue - Main contents

Document date	31-01-2019
Publication date	01-02-2019
Reference	5598/19
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union

Brussels, 31 January 2019 (OR. en)

5598/19

Interinstitutional File: 2018/0139(COD)

MAR 11 CODEC 153 IA 19

REPORT

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. prev. doc.: 5595/19 MAR 10 CODEC 152 IA 18

No. Cion doc.: 9051/18 MAR 65 CODEC 788 IA 135 + ADD 1

Subject: Proposal for a Regulation of the European Parliament and of the Council establishing a European Maritime Single Window environment and

repealing Directive 2010/65/EU

‒ Preparation for the trilogue

CONTEXT AND CONTENT OF THE PROPOSAL

• 1. 

  On 17 May 2018, the Commission transmitted the above-mentioned proposal to the European

  Parliament and to the Council.

• 2. 

  The Commission proposes to repeal Directive 2010/65/EU of the European Parliament and of

  the Council 1 and to replace it with the proposed Regulation.

1 Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 1).

• 3. 

  Each time a ship arrives in or leaves a port, it is confronted with numerous reporting

  obligations. Those are not harmonised between or even within Member States, resulting in a

heavy administrative burden on ship operators. They also result in a competitive disadvantage

for shipping as opposed to other transport modes within the EU.

• 4. 

  The purpose of the proposal is to address those non-harmonised reporting obligations for

ships. The proposed new European Maritime Single Window environment ('EMSWe') aims at

bringing together, in a coordinated and harmonised way, all reporting formalities associated

with a port call. There are also provisions for improving interoperability and interconnection

between various systems, making it possible to share and reuse data to a larger extent.

However, the purpose is not to replace the maritime National Single Windows, but rather to

link them.

• 5. 

  To that end, the Commission proposes, inter alia:

– to establish an EMSWe data set covering all reporting obligations set out in Union,

international and national legislation;

– to develop a harmonised reporting interface module for the maritime National Single

Windows;

– to confirm the once-only principle (i.e. that reporting should be done only once per port

call and that the same information should be reused for subsequent port calls within the

EU);

– to establish a number of common services (a common user and access management

system and common databases);

– to coordinate the activities related to the EMSWe at Union and national level.

• 6. 

  The initiative is part of the Third "Europe on the Move" Package ("the Third Mobility

  Package"), which delivers on the new industrial policy strategy and is designed to complete

the process of enabling Europe to reap the full benefits of the modernisation of mobility.

STATE OF PLAY

• 7. 

  The Council agreed on a general approach on 3 December 2018.

• 8. 

  The European Parliament Committee for Transport and Tourism (TRAN) appointed

Ms Deirdre Clune (EPP-Ireland) as rapporteur on 5 July 2018. The TRAN Committee

adopted its report on the proposal on 10 January 2019 and the plenary, on 14 January,

approved the decision of the TRAN Committee to start negotiations.

• 9. 

  The first informal trilogue took place on 21 January 2019.

• 10. 

  A second informal trilogue is scheduled for 7 February 2019. That should be the last trilogue.

THE PROPOSED MANDATE

• 11. 

  From the outset, the Presidency would like to underline the concessions made by the

European Parliament in provisionally agreeing to the structure of the Council general

approach and to many of the Council's amendments to the text (e.g. on exceptional

circumstances, on the exception for land-locked countries, on data protection and

confidentiality, on customs, on the principle of a Common Sanitation Database and on the

date of application of the Regulation). On many other issues, the Parliament would be able to

accept the text of the general approach and/or withdraw its amendments.

• 12. 

  Furthermore, the Presidency would like to remind delegations that many of the more

important issues should be seen as a package, not in isolation. This concerns for example:

– the provisions on the graphical user interface;

– the issue of technological neutrality and the references to the harmonised reporting

module;

– references to "existing systems";

– the "governance dimension"; and

– the new addressing service (or voluntary common access point interface, to use the

Parliament terminology).

The Presidency considers that those have been dealt with in a way that balances the interests

of the Council and the Parliament.

• 13. 

  The Presidency has taken good note of the reservations expressed by delegations on various

parts of the Presidency compromise proposals. To some extent, the proposed mandate reflects

those concerns, either by suggesting to withdraw previous compromise proposals or by

revising them slightly. In other instances, the Presidency has chosen to keep the proposed

compromise in order to let them be discussed in COREPER.

• 14. 

  The main outstanding issues are:

  – the helpdesk (line 141);

  – sharing of data with providers of port services (line 149);

  – the making public of the times of arrival and departure of ships (line 152);

– existing systems, with particular regard to information from data service providers

(line 176);

– the reference to an EU Access Point Interface in Article 17 (review and report)

(line 274);

– the time-limit of three years for the empowerment of the Commission to adopt

delegated acts (line 277);

– recital 5b on the graphical user interface (line 29).

• 15. 

  Concerning the helpdesk (EP amendment 37, line 141), the Presidency notes, first of all, that

  this is an important point for the Parliament. Nevertheless, the Parliament already expressed

willingness to make some concessions towards the Council (initial helpdesk, limited to the

first 12 months from the date of application, daytime only). However, the Presidency also

notes that many Member States had reservations or very strong reservations on this

amendment and the compromise proposal by the Presidency ("d) the provision of a daytime

helpdesk during the first 12 months from the date of application of this Regulation"). One

objection was that it was too detailed. Therefore the Presidency suggests to only make

reference to a helpdesk, without specifying its opening hours.

• 16. 

  As regards the sharing of data with providers of port services (line 149) and the change from

  "may" to "shall", it should be noted that even though the technical possibility as such would

become mandatory for the National Single Windows, the actual data elements to be made

available would be decided at national level.

• 17. 

  The Presidency tried to address the issue of the public availability of arrival and departure

times of ships (line 152) and the change from "may" to "shall" by proposing an exemption for

threats to security. It seems that this public availability also poses practical problems to

Member States in some ports where this is not technically possible. Therefore, the Presidency

does not propose a compromise for this item, noting, however, that if the Parliament insists,

some wording could perhaps be explored that addresses those additional concerns.

• 18. 

  As regards the information from declarants through data service providers (line 176), this is

linked to the compromise package on "existing systems". As rightly pointed out by some

delegations, it should be clarified that this is to be done on a voluntary basis. Also, it has been

partly de-linked from the provision of information through other reporting channels and put in

a separate paragraph. The Presidency suggests, in this context, that delegations note the

corresponding recital 5a (line 27), which they seem to be able to accept.

• 19. 

  As regards the reference to a future EU Access Point Interface in Article 17 (review and

  report) (line 274), this is a very unclear concept. The Presidency suggests to keep the general

approach, also noting of the concerns expressed by the Commission with regard to this

Parliament amendment.

• 20. 

  The Council general approach limits the empowerment of the Commission to adopt delegated

acts (line 277) to three years, as opposed to five years proposed by the Commission and

accepted by the Parliament. The Presidency suggests to keep the general approach, given that

Member States have given a clear signal that they want to exercise control over the measures

taken by the Commission through delegated acts. It should be noted, though, that the only

delegated acts foreseen in the general approach are those referred to in Article 3(3) (line 98).

The Commission has expressed concerns that the report foreseen 9 months before the end of

the three-year period would almost coincide with the adoption of the first delegated and

implementing acts under the Regulation, which would impose an unreasonable administrative

burden on the Commission. Should the Parliament insist on the five years, perhaps the colegislators

could meet midway. 21. Finally, recital 5b on the graphical user interface (line 29) is of course part of the compromise

package on that issue. It aims to address some parts of amendment 36 (line 138): "the

provision of an easy-to-use harmonised Graphical User Interface (GUI), with a similar look".

Based on the remarks by delegations, the Presidency has slightly modified the proposed

compromise.

OTHER ISSUES

• 22. 

  The United Kingdom maintains a parliamentary scrutiny reservation on the proposal

CONCLUSION

• 23. 

  Taking into account the above, the Permanent Representatives Committee is invited to give

the Presidency a broad mandate on the basis of the text set out in the Annex with a view to

negotiating a first reading agreement with the European Parliament.

ANNEX

2018/0139 (COD)

Proposal for a Regulation of the European Parliament and of the Council

establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU

NB: the issues are provisionally categorised in A (identical, merely editorial or can be agreed upon without much discussion), B (items that could be

resolved at technical level) and C (key issues of political nature, which will require more careful consideration).

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 1. 

  Proposal for a Proposal for a REGULATION OF THE EUROPEAN REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE PARLIAMENT AND OF THE COUNCIL COUNCIL

  establishing a European Maritime establishing a European Maritime Single Window environment and Single Window environment and repealing Directive 2010/65/EU repealing Directive 2010/65/EU

• 2. 

  THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE AND THE COUNCIL OF THE

  EUROPEAN UNION, EUROPEAN UNION, 3. Having regard to the Treaty on the Having regard to the Treaty on the

  Functioning of the European Union, Functioning of the European Union, and in particular Article 100(2) and in particular Article 100(2) thereof, thereof,

• 4. 

  Having regard to the proposal from the Having regard to the proposal from the European Commission, European Commission,

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 5. 

  After transmission of the draft After transmission of the draft legislative act to the national legislative act to the national parliaments, parliaments,

• 6. 

  Having regard to the opinion of the Having regard to the opinion of the European Economic and Social European Economic and Social

  Committee 1 , Committee 1 ,

  _____________ _____________ 1 OJ C , , p. . 1 OJ C , , p. .

• 7. 

  Having regard to the opinion of the After consulting the Committee of the CoR declined giving an opinion. Committee of the Regions 2 , Regions […] ,

  _____________ _____________ 2 OJ C , , p. . 2 […]

• 8. 

  Acting in accordance with the ordinary Acting in accordance with the ordinary legislative procedure, legislative procedure,

• 9. 

  Whereas: Whereas: 10. Amendment 1

  Recital 1 11. (1) Directive 2010/65/EU of the (1) Directive 2010/65/EU of the (1) Directive 2010/65/EU of the B Accept EP amendment

European Parliament and the Council* European Parliament and the Council * European Parliament and the Council* requires Member States to accept the requires Member States to accept the requires Member States to accept the fulfilment of reporting obligations for fulfilment of reporting obligations for fulfilment of reporting obligations for ships arriving in and departing from ships arriving in and departing from ships arriving in and departing from Union ports in electronic format and to Union ports in electronic format and to Union ports in electronic format and to ensure their transmission via a single ensure their transmission via a single ensure their transmission via a single window in order to facilitate maritime window in order to facilitate and window in order to facilitate maritime transport. expedite maritime transport. transport. _____________ _______________ _____________ * Directive 2010/65/EU of the * Directive 2010/65/EU of the * Directive 2010/65/EU of the European Parliament and the Council European Parliament and of the European Parliament and the Council of 20 October 2010 on reporting Council of 20 October 2010 on of 20 October 2010 on reporting formalities for ships arriving in and/or reporting formalities for ships arriving formalities for ships arriving in and/or departing from ports of the Member in and/or departing from ports of the departing from ports of the Member

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

States and repealing Directive Member States and repealing Directive States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 2002/6/EC (OJ L 283, 29.10.2010, p. 2002/6/EC (OJ L 283, 29.10.2010, p. 1). 1). 1).

• 12. 

  (2) Maritime transport is the backbone (2) Maritime transport is the backbone C Keep GA text of trade and communications within of trade and communications within

  and beyond the single market. For the and beyond the single market. For the facilitation of maritime transport, and facilitation of maritime transport, and in order to further reduce the in order to further reduce the administrative burdens for shipping administrative burden for shipping companies, the information procedures companies, the information procedures for fulfilment of reporting obligations for fulfilment of reporting obligations imposed on shipping companies by imposed on shipping companies by legal acts of the Union and by national legal acts of the Union, by law of Member States should be international legal acts and by further simplified and harmonised. national law of Member States should be further simplified and harmonised and should be technology-neutral, promoting future-proof reporting solutions.

• 13. 

  Amendment 2 Proposed compromise: Recital 2a (new)

• 14. 

  (2a) Whereas both the European B Parliament and the Council have (2a) Whereas both Both the frequently called for more European Parliament and the interoperability and more Council have frequently called comprehensive, user-friendly for more interoperability and communication and information more comprehensive, userflows to help citizens and businesses friendly communication and make full use of the internal market information flows to improve and to strengthen internal market the functioning of help citizens tools to better meet the needs of and businesses make full use of citizens and businesses when they the internal market and to conduct cross-border activities. strengthen internal market tools

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

to better meet the needs of citizens and businesses when they conduct cross-border activities.

• 15. 

  Amendment 3 Revised proposed compromise Recital 3 (EP AMD 3 + 4 and Council

  combined): 16. (3) This Regulation is aimed at (3) The main aim of this Regulation is (3) This Regulation is aimed at C

facilitating the transmission of to lay down harmonised rules for the facilitating the transmission of (3) The main aim of this

information. The application of this provision of cargo information information. The application of this Regulation is to lay down

Regulation should not alter the required by both maritime and Regulation should not alter the time harmonised rules for the

substance of reporting obligations, and customs authorities and for frames for or substance of reporting provision of cargo information

should not affect subsequent storage compliance with the other reporting obligations, and should not affect required for a port call, notably

and processing of information at Union formalities required by Directive subsequent storage and processing of by ensuring that the same data

level or at national level. 2010/65/EU; This Regulation aims to information at Union level or at sets can be reported to each

facilitate the transmission of national level. maritime National Single

information between the ship data Window in the same way. by

providers, the relevant authorities both maritime and customs

covering the port of call, and other authorities and for compliance

Member States, whilst complying with with the other reporting

the GDPR. The application of this formalities required by Directive

Regulation should not alter the 2010/65/EU; This Regulation

substance of reporting obligations, and aims to facilitate the

should not affect subsequent storage transmission of information

and processing of information at Union between declarants, the ship

level or at national level. data providers, the relevant

authorities and providers of port

services covering the port of

call, and other Member States,

whilst complying with the

GDPR. The application of this

Regulation should not alter the

time frames for or the substance

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

of reporting obligations, and should not affect subsequent storage and processing of information at Union level or at national level.

• 17. 

  Amendment 4 Recital 3 a (new)

• 18. 

  (3a) This Regulation seeks to B harmonise different data elements by Suggest to withdraw EP ensuring that the same data sets can amendment, already covered be reported to each relevant authority by recitals 2, 2a, 3. in the same way, and thereby to

  further improve the efficiency of maritime transport, to support digitalisation and to facilitate trade.

• 19. 

  Amendment 5 Recital 4 Proposed compromise:

• 20. 

  (4) The existing National Single (4) The existing National Single (4) The existing maritime National C Windows in each Member State should Windows in each Member State should Single Window in each Member State (4) The existing maritime be maintained as the basis for the be maintained as the basis for the should be maintained as the basis for National Single Window in each European Maritime Single Window European Maritime Single Window the European Maritime Single Window Member State should be environment ('EMSWe'). The National environment ('EMSWe'). The National environment ('EMSWe'). The maritime maintained as the basis for a Single Windows should constitute a Single Windows should constitute a National Single Window should technologically neutral and comprehensive reporting entry point comprehensive reporting entry point constitute a comprehensive reporting interoperable the European for maritime transport operators, for maritime transport operators, entry point for maritime transport Maritime Single Window performing the functionalities of data performing the functionalities of data operators, performing the environment ('EMSWe'). The collection from the declarants and data collection from the declarants and data functionalities of data collection from maritime National Single distribution to all relevant competent distribution to all relevant competent the declarants and data distribution to Window should constitute a authorities. authorities. A governance dimension, all relevant competent authorities and comprehensive reporting entry with a clear legal basis, should be port services providers. point for maritime transport developed for each National Single operators, performing the Window so that they have the functionalities of data collection competences and responsibilities to from the declarants and data

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

collect, store and distribute the data to distribution to all relevant the relevant authorities, and so that competent authorities and any relevant information received in providers of port services accordance with this Regulation is providers. made available to their National Single Windows via the SafeSeaNet system in accordance with Article 22a of Directive 2002/59/EC;

• 21. 

  (4a) In order to enhance the C efficiency of the maritime National Keep GA text Single Windows and to prepare for

  future developments, it should be possible to maintain present or establish new arrangements in Member States to use the maritime National Single Window for the reporting of similar information for other transport modalities.

• 22. 

  Amendment 6 Recital 4a (new)

• 23. 

  (4a) Existing reporting channels and C services providers may be maintained Suggest to withdraw EP if additional data requests are made amendment, covered by in extraordinary circumstances. This compromises on exceptional flexibility should be allowed not only circumstances and existing to Member States, but also to relevant systems competent authorities, since they are

  responsible for assessing the risks involved in clearing the ship, its cargo, its passengers and its crew, if there is any on board.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 24. 

  Amendment 7 Recital 5 Proposed compromise:

• 25. 

  (5) The front-end interfaces of these (5) The front-end interfaces of these (5) The front-end interfaces of those C National Single Windows, on the side National Single Windows, on the side maritime National Single Windows, on (5) The front-end interfaces of of the declarants, should be of the declarants, should be the side of the declarants, should be those maritime National Single harmonised at Union level, in order to harmonised at Union level, in order to harmonised at Union level, in order to Windows, on the side of the facilitate reporting and further reduce facilitate reporting and further reduce facilitate reporting and further reduce declarants, should be harmonised administrative burden. This administrative burden. This administrative burden. This at Union level, in order to harmonisation should be achieved by harmonisation should be achieved by harmonisation should be achieved by facilitate reporting and further the application in every National the application in every National the application in every maritime reduce administrative burden. Single Window of a common interface Single Window of a common interface National Single Window of a common This harmonisation should be software for system-to-system software for system-to-system interface software for system-toachieved by the application in exchange of information developed at exchange of information developed at system exchange of information every maritime National Single Union level. The Member States Union level. The Member States developed at Union level. The Member Window of a common interface should bear the responsibility for should bear the responsibility for States should bear the responsibility software for system-to-system integrating and managing this interface integrating and managing this for integrating and managing this exchange of information module and for updating the software interface, which should be technology interface module and for updating the developed at Union level. The regularly and timely when new neutral in order not to prevent software regularly and timely when Member States should bear the versions are provided by the innovation, and for updating the new versions are provided by the responsibility for integrating and Commission. The Commission should software regularly and timely when Commission. The Commission should managing this interface module develop the module and provide new versions are provided by the develop the module and provide and for updating the software updates when needed. Commission. The Commission should updates when needed. regularly and timely when new develop the interface and provide versions are provided by the updates when needed, since the Commission. The Commission development of digital technologies is should develop the module and market-driven, currently moving fast provide updates when needed, and any technological solution could since the development of digital rapidly become outdated in the light technologies is moving fast and of new developments. any technological solution could rapidly become outdated in the light of new developments.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 26. 

  Amendment 8 Recital 5a (new) Proposed compromise:

• 27. 

  (5a) Existing reporting channels C provided by Member States and (5a) Existing Other reporting service providers, such as Port channels provided by Member Community Systems and other States and service providers, system-to-system reporting channels such as Port Community should be maintained as optional Systems and other system-toentry points for reporting, in view of system reporting channels the fact that these systems are should could be maintained as functioning well and offer a optional entry points for customised means for maritime reporting and should be able to operators to fulfil their reporting act as data service providers, in formalities that might be better suited view of the fact that these to some environments, in addition to systems are functioning well representing substantial investment by and offer a customised means many stakeholders. for maritime operators to fulfil their reporting formalities that might be better suited to some environments, in addition to representing substantial investment by many stakeholders.

• 28. 

  (5a) In order not to impose a C disproportionate administrative GA text burden on landlocked Member States

  which do not have maritime ports, such Member States should be exempted from the obligation to develop, establish, operate and make available a maritime National Single Window. This means that, as long as they make use of this exemption, such

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Member States are not obliged to fulfil the obligations that are linked to the development, establishment, operation and making available of a maritime National Single Window.

• 29. 

  (5b) A graphical user interface should C be part of the maritime National Revised proposed compromise: Single Windows for manual reporting (5b) An easy-to-use, graphical by declarants. Member States should user interface with common and offer the graphical user interface for similarly-looking similar manual entry of data by declarants functionalities should be part of also by way of uploading the the maritime National Single harmonised digital spreadsheets. Windows for manual reporting by declarants. Member States should offer the graphical user interface for manual entry of data by declarants also by way of uploading the harmonised digital spreadsheets.

• 30. 

  Amendment 9 Recital 6

• 31. 

  (6) Emerging new digital technologies (6) Emerging new digital technologies (6) Emerging new digital technologies C present ever-growing opportunities to present ever-growing opportunities to present ever-growing opportunities to Accept EP amendment increase the efficiency of the maritime increase the efficiency of the maritime increase the efficiency of the maritime

  transfer sector and to reduce transport sector and to reduce transport sector and to reduce administrative burden. In order for the administrative burden. In order for the administrative burden. In order for the benefits of such new technologies to benefits of such new technologies to benefits of such new technologies to accrue as early as possible, the accrue as early as possible, the accrue as early as possible, the Commission should be empowered to Commission should be empowered to Commission should be empowered to amend, by means of implementing amend, by means of implementing amend, by means of implementing acts, the technical specifications, acts, the technical specifications, acts, the technical specifications, standards and procedures of the standards and procedures of the standards and procedures of the harmonised reporting environment. harmonised reporting environment. harmonised reporting environment.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

New technologies should also be taken This should leave flexibility for New technologies should also be taken into account when this Regulation is market players to develop new digital into account when this Regulation is reviewed. technologies and new technologies reviewed. should also be taken into account when this Regulation is reviewed.

• 32. 

  (7) Adequate support and information (7) Adequate support and information B on the processes and technical on the processes and technical Keep GA text requirements related to the use of requirements related to the use of

  National Single Windows should be maritime National Single Windows provided to declarants via easily should be provided to declarants via accessible and user-friendly national easily accessible and user-friendly websites with common ‘look and feel’ national websites with common ‘look standards. and feel’ standards.

• 33. 

  (8) The Convention on Facilitation of (8) The Convention on Facilitation of B International Maritime Traffic (‘The International Maritime Traffic (‘the Keep GA text FAL Convention’) * provides that the FAL Convention’) * provides that the

  public authorities should in all cases public authorities should in all cases require only essential reporting require only essential reporting information and keep the number of information and keep the number of items to a minimum. items to a minimum. However, local ___________ conditions may require specific * International Maritime Organisation information to ensure safety of (IMO) Convention on Facilitation of navigation. International Maritime Traffic (the _____________ ‘FAL Convention’), adopted on 9 * International Maritime Organisation April 1965 and amended on 8 April (IMO) Convention on Facilitation of 2016, Standard 1.1. International Maritime Traffic (the ‘FAL Convention’), adopted on 9 April 1965 and amended on 8 April 2016, Standard 1.1.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 34. 

  Amendment 10 First part of EP amendment Recital 9 addressed in line 45. Proposed compromise for second part:

• 35. 

  (9) In order to enable the functioning (9) In order to enable the functioning (9) In order to enable the functioning C of the EMSWe, it is necessary to of the EMSWe, it is necessary to of the EMSWe, it is necessary to (9) In order to enable the establish a comprehensive EMSWe establish a comprehensive EMSWe establish a comprehensive EMSWe functioning of the EMSWe, it is data set which should cover all data set which should cover all data set which should cover all necessary to establish a information elements that might be information elements that might be information elements that might be comprehensive EMSWe data set requested by national authorities or requested by national authorities or requested by national authorities or which should cover all port operators for administrative or port operators for administrative or port operators for administrative or information elements that might operational purposes, when a ship operational purposes, when a ship operational purposes, when a ship be requested by national makes a port call. Since the scope of makes a port call. Since the scope of makes a port call. Since the scope of authorities or port operators for reporting obligations varies from one reporting obligations varies from one reporting obligations varies from one administrative or operational Member State to another, a National Member State to another, a National Member State to another, a maritime purposes, when a ship makes a Single Window in a given Member Single Window in a given Member National Single Window in a given port call. When establishing the State should be designed to accept the State should be designed to accept the Member State should be designed to EMSWe data set, the EMSWe data set without any EMSWe data set without any accept the EMSWe data set without Commission should take into modification, and disregard any modification, and disregard any any modification, and disregard any account relevant work carried information not relevant for that information not relevant for that information not relevant for that out at international level. Since Member State. Member State. This should be Member State. the scope of reporting reflected in the development of an obligations varies from one established governance dimension to Member State to another, a the National Single Windows to maritime National Single ensure their smooth functioning. As Window in a given Member the aim of this Regulation is trade State should be designed to facilitation via the harmonisation of accept the EMSWe data set data requirements, the Commission without any modification, and should, when defining a detailed data disregard any information not set, have regard to, and actively relevant for that Member State. participate at the IMO level in the

  development of a high-quality independent data reference model.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 36. 

  (9a) In exceptional circumstances a C Member State should be able to Proposed compromise: request additional data elements from (9a) In exceptional declarants. Such exceptional circumstances a Member State circumstances may arise, for example, should be able to request when there is an urgent need to additional data elements from protect internal order and security or declarants. Such exceptional to address a serious threat against circumstances may arise, for human or animal health or against example, when there is an the environment. urgent need to protect internal order and security or to address a serious threat against human or animal health or against the environment. The notion of exceptional circumstances should be interpreted strictly.

• 37. 

  (10) The relevant reporting obligations (10) The relevant reporting obligations B contained in the Union and contained in the Union and Keep GA text international legal acts should be listed international legal acts should be listed

  in the Annex to this Regulation. These in the Annex to this Regulation. Those reporting obligations should provide reporting obligations should provide the basis for establishment of the the basis for establishment of the comprehensive EMSWe data set. The comprehensive EMSWe data set. The Annex should also refer to the relevant Annex should also refer to the relevant categories of reporting obligations at categories of reporting obligations at the national level, and the Member the national level, and the Member States should be able to request the States should be able to request the Commission to amend the EMSWe Commission to amend the EMSWe data set on the basis of reporting data set on the basis of reporting obligations contained in their national obligations contained in their national legislation. The Union legal act which legislation and requirements. The amends the EMSWe data set on the Union legal act which amends the basis of a reporting obligation EMSWe data set on the basis of a

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) contained in the national legislation reporting obligation contained in the should include explicit reference to national legislation and requirements that national legislation. should include explicit reference to

that national legislation and requirements.

• 38. 

  (11) Whenever the information from (11) Whenever the information from B the National Single Windows is the maritime National Single Windows Keep GA text distributed to the competent is distributed to the competent

  authorities, the transmission must authorities, the transmission must comply with the common data comply with the common data requirements, formats and codes for requirements, formats and codes for the reporting obligations and the reporting obligations and formalities provided for in the Union formalities provided for in the Union legislation listed in the Annex and legislation listed in the Annex and must be made through the IT systems must be made through the IT systems established therein, such as the established therein, such as the electronic data-processing techniques electronic data-processing techniques referred to in Article 6(1) of referred to in Article 6(1) of Regulation (EU) No 952/2013 * . Regulation (EU) No 952/2013 of the ________ European Parliament and of the * Regulation (EU) No 952/2013 of the Council * . European Parliament and of the ____________ Council of 9 October 2013 laying * Regulation (EU) No 952/2013 of the down the Union Customs Code (OJ L European Parliament and of the 269, 10.10.2013, p. 1). Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

• 39. 

  (12) The implementation of this (12) The implementation of this B Regulation should take into account Regulation should take into account Keep GA text the SafeSeaNet systems established at the SafeSeaNet systems established at

  national and Union level, which should national and Union level, which should continue to facilitate the exchange and continue to facilitate the exchange and distribution of information received distribution of information received

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) through the National Single Window through the maritime National Single between the Member States in Window between the Member States in accordance with Directive 2002/59. accordance with Directive 2002/59 of

the European Parliament and of the Council * . _________ 1 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 and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

• 40. 

  (13) Ports are not the final destination (13) Ports are not the final destination B of goods. The efficiency of the ship of goods. The efficiency of the ship Keep GA text port calls have an impact on the entire port calls have an impact on the entire

  logistics chain related to the transport logistics chain related to the transport of goods and passengers to and from of goods and passengers to and from the ports. In order to ensure the ports. In order to ensure interoperability, multimodality, and interoperability, multimodality, and smooth integration of maritime smooth integration of maritime transport with the overall logistics transport with the overall logistics chain and in order to facilitate other chain and in order to facilitate other transport modes, the National Single transport modes, the maritime National Windows should allow for the Single Windows should allow for the possibility to exchange relevant possibility to exchange relevant information, such as arrival and information, such as arrival and departure times, with similar departure times, with similar frameworks developed for other frameworks developed for other transport modes. transport modes.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 41. 

  Amendment 11 Recital 14 Proposed compromise:

• 42. 

  (14) In order to improve the efficiency (14) In order to improve the efficiency (14) In order to improve the efficiency B of maritime transport and to limit the of maritime transport and to limit the of maritime transport and to limit the (14) In order to improve the duplication of information which must duplication of information which must duplication of information which must efficiency of maritime transport be provided for operational purposes be provided for operational purposes be provided for operational purposes and to limit the duplication of when a ship makes a port call, the when a ship makes a port call, the when a ship makes a port call, the information which must be information provided by the declarant information provided by the declarant information provided by the declarant provided for operational to a National Single Windows should to a National Single Window should be to a maritime National Single Window purposes when a ship makes a be also shared with certain other also shared with certain other entities, should be also shared with certain port call, the information entities, such as port or terminal such as port or terminal operators, other entities, such as port or terminal provided by the declarant to a operators. when authorised and taking into operators. This Regulation aims to maritime National Single account the need to respect improve the handling of data Window should be also shared confidentiality, commercial following the once-only principle with certain other entities, such sensitivities and legal constraints. when fulfilling the reporting as port or terminal operators, obligations. when authorised by the declarant and taking into account the need to respect confidentiality, commercial sensitivities and legal constraints. This Regulation aims to improve the handling of data following the once-only principle when fulfilling the reporting obligations.

• 43. 

  (15) Regulation (EU) No 952/2013 (15) Regulation (EU) No 952/2013 C provides that goods which are brought provides that goods which are brought GA text into the customs territory of the Union into the customs territory of the Union

  shall be covered by an entry summary shall be covered by an entry summary declaration that must be submitted to declaration that must be submitted to the customs authorities electronically. the customs authorities electronically. Given the importance of the entry Given the importance of the entry summary declaration information for summary declaration information for

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) the management of security and the management of security and financial risks, a specific electronic financial risks, a specific electronic system is currently being developed for system is currently being developed for the submission and management of the the submission and management of the entry summary declarations in the entry summary declarations in the

Union customs territory. It will not, Union customs territory. It will not, therefore, be possible to lodge an entry therefore, be possible to lodge an entry summary declaration through the summary declaration through the National Single Windows. However, harmonised reporting interface considering that some of the data module. However, considering that elements submitted with the entry some of the data elements submitted summary declaration are also required with the entry summary declaration are for the fulfilment of other customs and also required for the fulfilment of other maritime reporting formalities when a customs and maritime reporting ship calls in a port of the Union, the formalities when a ship calls in a port European Maritime Single Window of the Union, the European Maritime environment for maritime transport Single Window environment for should be able to process the data maritime transport should be able to elements of the entry summary process the data elements of the entry declaration. The possibility that the summary declaration. The possibility National Single Windows could that the maritime National Single retrieve relevant information already Windows could retrieve relevant submitted through the entry summary information already submitted through declaration should also be envisaged. the entry summary declaration should also be envisaged.

• 44. 

  Amendment 12 Recital 15 a (new) Revised proposed compromise:

• 45. 

  (15a) In order to realise fully C harmonised reporting requirements, (15a) In order to realise fully more cooperation should be harmonised reporting established between customs requirements, more cooperation authorities and maritime authorities should be established between at both national and Union level. customs, authorities and

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

maritime and other relevant authorities should cooperate at both national and Union level. National coordinators with specific responsibilities should ensure facilitate the effectiveness of this cooperation and smooth functioning of the maritime National Single Windows.

• 46. 

  (16) In order to enable the reuse of the (16) In order to enable the reuse of the B information provided through the information provided through the Keep GA text National Single Windows and facilitate maritime National Single Windows

  the submission of information by the and facilitate the submission of declarant, it is necessary to provide for information by the declarant, it is common databases. A EMSWe ship necessary to provide for common database should include a reference list databases. A EMSWe ship database of ship particulars and their reporting should include a reference list of ship exemptions, as reported to the particulars and their reporting respective National Single Windows. exemptions, as reported to the To facilitate the submission of respective maritime National Single information by a declarant a Common Windows. To facilitate the submission Location Database (CLD) should hold of information by a declarant a a reference list is of location codes Common Location Database (CLD) which include United Nations Code for should hold a reference list is of Trade and Transport Locations location codes which include United (UN/LOCODE), SafeSeaNet-specific Nations Code for Trade and Transport codes as well as port facility codes as Locations (UN/LOCODE), registered in the Global Integrated SafeSeaNet-specific codes as well as Shipping Information System (GISIS) port facility codes as registered in the of the International Maritime Global Integrated Shipping Organisation. Furthermore, a Common Information System (GISIS) of the

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Hazmat Database should incorporate a International Maritime Organization. list of dangerous and polluting goods Furthermore, a Common Hazmat that have to be notified to the National Database should incorporate a list of Single Windows in accordance with dangerous and polluting goods that Directive 2002/59/EC, as amended, have to be notified to the maritime and IMO FAL Form 7, taking into National Single Windows in consideration the relevant data accordance with Directive elements from the IMO Conventions 2002/59/EC, as amended, and IMO and Codes. FAL Form 7, taking into consideration the relevant data elements from the IMO Conventions and Codes.

• 47. 

  (17) Processing of personal data within (17) Processing of personal data within A (cf. also proposed compromise the framework of this Regulation by the framework of this Regulation by for line 16)

  competent authorities should comply competent authorities should comply with Regulation (EU) 2016/679 of the with Regulation (EU) 2016/679 of the New reference to be inserted: European Parliament and of the European Parliament and of the Council * . Processing of personal data Council * . Processing of personal data Regulation (EU) 2018/1725 of by the Commission within the by the Commission within the the European Parliament and framework of this Regulation, should framework of this Regulation, should of the Council of 23 October comply with the provisions of comply with the provisions of 2018 on the protection of Regulation [new Regulation replacing Regulation [new Regulation replacing natural persons with regard to Regulation 45/2001 on processing of Regulation 45/2001 on processing of the processing of personal data personal data by the Community personal data by the Community by the Union institutions, institutions]. institutions]. bodies, offices and agencies and _________ ________________ on the free movement of such * Regulation (EU) 2016/679 of the * Regulation (EU) 2016/679 of the data, and repealing Regulation European Parliament and of the European Parliament and of the (EC) No 45/2001 and Decision Council of 27 April 2016 on the Council of 27 April 2016 on the No 1247/2002/EC (OJ L 295, protection of natural persons with protection of natural persons with 21.11.2018, p. 39) regard to the processing of personal regard to the processing of personal data and on the free movement of such data and on the free movement of such data, and repealing Directive 95/46/EC data, and repealing Directive 95/46/EC (General Data Protection Regulation) (General Data Protection Regulation)

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

(OJ L 119, 4.5.2016, p. 1). (OJ L 119, 4.5.2016, p. 1). 48. (18) The EMSWe and the National (18) The EMSWe and the maritime B

Single Windows should not provide National Single Windows should not Keep GA text any other grounds for any processing provide any other grounds for any of personal data than what is required processing of personal data than what for their functioning and should not be is required for their functioning and used to grant any new access rights to should not be used to grant any new personal data. access rights to personal data.

• 49. 

  (19) The power to adopt acts in (19) The power to adopt acts in Proposed compromise for a accordance with Article 290 of the accordance with Article 290 of the recital (linked to EP

  Treaty on the Functioning of the Treaty on the Functioning of the amendments for line 280 and European Union should be delegated to European Union should be delegated to 285): the Commission in order to supplement the Commission in order to supplement this Regulation by establishing the this Regulation by establishing the (19a) In particular, when EMSWe data set and by determining EMSWe data set and by determining preparing and drawing up definitions, categories and data definitions, categories and data delegated acts, the Commission specifications for the data elements. specifications for the data elements. should ensure that Member The same power should be delegated The same power should be delegated States' experts and the business to the Commission in order to amend to the Commission in order to amend community are consulted in a the Annex to incorporate reporting the Annex to incorporate reporting transparent manner, and well in obligations existing at the national obligations existing at the national advance. level as well to take into account any level as well to take into account any new reporting obligations adopted in new reporting obligations adopted in the Union legal acts. The Commission the Union legal acts. The Commission should ensure that the common data should ensure that the common data requirements, formats and codes requirements, formats and codes established in the Union and established in the Union and international legal acts listed in the international legal acts listed in the Annex are respected. It is also of Annex are respected. It is also of particular importance that the particular importance that the Commission carry out appropriate Commission carry out appropriate consultations during its preparatory consultations during its preparatory work, including at expert level, and work, including at expert level, and

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) that those consultations be conducted that those consultations be conducted in accordance with the principles laid in accordance with the principles laid down in the Interinstitutional down in the Interinstitutional

Agreement on Better Law-Making of Agreement on Better Law-Making of 13 April 2016. In particular, to ensure 13 April 2016. In particular, to ensure equal participation in the preparation equal participation in the preparation of delegated acts, the European of delegated acts, the European Parliament and the Council receive all Parliament and the Council receive all documents at the same time as documents at the same time as Member States’ experts, and their Member States’ experts, and their experts systematically have access to experts systematically have access to meetings of Commission expert groups meetings of Commission expert groups dealing with the preparation of dealing with the preparation of delegated acts. delegated acts.

• 50. 

  (20) In order to ensure uniform (20) In order to ensure uniform A conditions for the implementation of conditions for the implementation of

  this Regulation, implementing powers this Regulation, implementing powers should be conferred on the should be conferred on the Commission. Those powers should be Commission. Those powers should be exercised in accordance with exercised in accordance with Regulation (EU) No 182/2011 of the Regulation (EU) No 182/2011 of the European Parliament and of the European Parliament and of the Council * . Council * . _____________ _____________ * Regulation (EU) No 182/2011 of the *Regulation (EU) No 182/2011 of the European Parliament and of the European Parliament and of the Council of 16 February 2011 laying Council of 16 February 2011 laying down the rules and general principles down the rules and general principles concerning mechanisms for control by concerning mechanisms for control by the Member States of the the Member States of the Commission's exercise of Commission's exercise of implementing powers (OJ L 55, implementing powers (OJ L 55, 28.2.2011, p. 13). 28.2.2011, p. 13).

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 51. 

  (21) […] Empty paragraph in the COM proposal; clerical error

• 52. 

  (22) In particular, implementing (21) In particular, implementing B powers should be conferred on the powers should be conferred on the Keep GA text Commission to adopt and, Commission to adopt and,

  subsequently, to amend the EMSWe subsequently, to amend the EMSWe data set, as well as to adopt the data set, as well as to adopt the functional and technical specifications, functional and technical specifications, quality control mechanisms and quality control mechanisms and procedures for deploying, maintaining procedures for deploying, maintaining and employing the harmonised and employing the harmonised interface module and the related interface module and the related harmonised elements of the National harmonised elements of the maritime Single Windows. Implementing National Single Windows. powers should be conferred on the Implementing powers should be Commission to adopt the technical conferred on the Commission to adopt specifications, standards and the technical specifications, standards procedures for common services of the and procedures for common services EMSWe. of the EMSWe.

• 53. 

  (23) This Regulation should build on (22) This Regulation should build on A Regulation (EU) No 910/2014 of the Regulation (EU) No 910/2014 of the

  European Parliament and of the European Parliament and of the Council * which lays down conditions Council * which lays down conditions under which Member States recognise under which Member States recognise certain means of electronic certain means of electronic identification means for natural and identification means for natural and legal persons falling under a notified legal persons falling under a notified electronic identification scheme of electronic identification scheme of another Member State. Regulation another Member State. Regulation (EU) No 910/2014 provides the (EU) No 910/2014 provides the conditions for users to be able to use conditions for users to be able to use their electronic identification and their electronic identification and authentication means in order to access authentication means in order to access

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) online public services in cross-border online public services in cross-border situations. situations.

______________ ___________ * Regulation (EU) No 910/2014 of the *Regulation (EU) No 910/2014 of the European Parliament and of the European Parliament and of the Council of 23 July 2014 on electronic Council of 23 July 2014 on electronic identification and trust services for identification and trust services for electronic transactions in the internal electronic transactions in the internal market and repealing Directive market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114). 73 […]).

• 54. 

  Amendment 13 Recital 24

• 55. 

  (24) The Commission should carry out (24) The Commission should carry out (23) The Commission should carry out C an evaluation of this Regulation. an evaluation of this Regulation. an evaluation of this Regulation. Proposed compromise: Information should be collected in Information should be collected in Information should be collected in (23) The Commission should order to inform that evaluation and order to inform that evaluation and order to inform that evaluation and carry out an evaluation of this allow the assessment of the allow the assessment of the allow the assessment of the Regulation. Information should performance of the legislation against performance of the legislation against performance of the legislation against be collected in order to inform the objectives it pursues. the objectives it pursues. The the objectives it pursues. that evaluation and allow the European Commission should also assessment of the performance of evaluate the opportunity to establish a the legislation against the truly centralised and harmonised objectives it pursues. The European reporting system via the set Commission should also up of a central reporting interface. evaluate, among other options, the added value of establishing a centralised and harmonised European reporting system, such as a central reporting interface.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 56. 

  (25) Directive 2010/65/EU should (24) Directive 2010/65/EU should A therefore be repealed, with effect from therefore be repealed, with effect from

  the date of the application of this the date of the application of this Regulation. Regulation.

• 57. 

  (26) The European Data Protection (25) The European Data Protection A Supervisor was consulted in Supervisor was consulted in

  accordance with Article 28(2) of accordance with Article 28(2) of Regulation (EC) No 45/2001 of the Regulation (EC) No 45/2001 of the European Parliament and of the European Parliament and of the Council * . Council * . __________ ________ * Regulation (EC) No 45/2001 of the * Regulation (EC) No 45/2001 of the European Parliament and of the European Parliament and of the Council of 18 December 2000 on the Council of 18 December 2000 on the protection of individuals with regard to protection of individuals with regard to the processing of personal data by the the processing of personal data by the Community institutions and bodies and Community institutions and bodies and on the free movement of such data (OJ on the free movement of such data (OJ L 8, 12.1.2001, p. 1). L 8, 12.1.2001, p. 1).

• 58. 

  HAVE ADOPTED THIS HAVE ADOPTED THIS REGULATION: REGULATION:

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 59. 

  Chapter I Chapter I A General provisions General provisions

• 60. 

  Article 1 Article 1 A Subject matter and scope Subject matter and scope

• 61. 

  This Regulation establishes a This Regulation establishes a B framework for a harmonised and framework for a harmonised and Proposed compromise: interoperable European Maritime interoperable European Maritime This Regulation establishes a Single Window environment Single Window environment framework for a technologically (‘EMSWe’), based on National Single (‘EMSWe’) […] in order to facilitate neutral harmonised and Windows, in order to facilitate electronic transmission of information interoperable European Maritime electronic transmission of information in relation to reporting obligations for Single Window environment in relation to reporting obligations for ships arriving and staying in and (‘EMSWe’) with harmonised ships arriving and staying in and departing from a Union port. interfaces […] in order to departing from a Union port. facilitate electronic transmission of information in relation to reporting obligations for ships arriving and staying in and departing from a Union port.

• 62. 

  Article 2 Article 2 A Definitions Definitions

• 63. 

  For the purposes of this Regulation, the For the purposes of this Regulation, the A following definitions apply: following definitions apply:

• 64. 

  (1)‘European Maritime Single Window (1) ‘European Maritime Single C environment’ (‘EMSWe’) means the Window environment’ (‘EMSWe’) Keep GA text legal and technical framework for means the legal and technical

  electronic transmission of information framework for electronic transmission in relation to reporting obligations and of information in relation to reporting procedures for the port calls in the obligations [...] for port [...] calls in the Union, which consists of a network of Union, which consists of a network of National Single Windows and includes maritime National Single Windows the harmonised interface as well as with harmonised reporting interfaces common services for user and access and includes data exchange via management, ship identification, SafeSeaNet and other relevant

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) locations codes and information on systems as well as common services dangerous and polluting goods. for user and access management, ship

identification, locations codes and information on dangerous and polluting goods;

• 65. 

  Amendment 14 Article 2 – paragraph 1 – point 1 a (new) Proposed compromise:

• 66. 

  (1a) ‘ship’ means a seagoing vessel of (6c) ‘ship’ means any vessel or craft B any type operating in the marine subject to a particular reporting (6c) ‘ship’ means any seagoing environment that is subject to a obligation listed in the Annex; vessel or craft operating in the reporting formality relating to the marine environment subject to a legislation listed in the Annex; particular reporting obligation listed in the Annex; Cf. line 92.

• 67. 

  [(1a) ‘Maritime National Single Placeholder; see line 70 for Window’ means a nationally comparison EP/Council.

  established and operated technical C platform for receiving, exchanging and forwarding electronically information to fulfil reporting obligations and which includes a harmonised reporting interface module and a graphical user interface for the communication with the declarants as well as links with the relevant authorities’ systems and databases at national and at Union level; the maritime National Single Window may also allow, where applicable, for the connection with other reporting means;]

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 68. 

  (1b) ‘harmonised reporting interface C module’ means a middleware GA text component in the maritime National

  Single Window through which information can be exchanged between the information system used by the declarant and the relevant maritime National Single Window;

• 69. 

  Amendment 15 Article 2 – paragraph 1 – point 1b (new) Revised proposed compromise:

• 70. 

  (1b) ´Single Window´ means an (1a) ‘Maritime National Single C environment for collection, Window’ means a nationally (1a) ‘Maritime National Single dissemination and exchange of vessel established and operated technical Window’ means a nationally reporting information in electronic platform for receiving, exchanging established and operated form with a structured and commonly and forwarding electronically technical platform for receiving, defined data structure, rules and information to fulfil reporting exchanging and forwarding management of access rights, obligations and which includes a electronically information to including a harmonised reporting harmonised reporting interface fulfil reporting obligations and interface and a graphical user module and a graphical user interface which includes commonly interface, in addition to links to the for the communication with the defined management of access relevant authorities systems and declarants as well as links with the rights, a harmonised reporting databases in accordance with relevant relevant authorities’ systems and interface module and a international, national and local legal databases at national and at Union graphical user interface for the requirements; level; the maritime National Single communication with the Window may also allow, where declarants as well as links with applicable, for the connection with the relevant authorities’ systems other reporting means; and databases at national and at Union level. The maritime National Single Windows shall enable messages or acknowledgments to be communicated to the

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

declarants. Those messages or acknowledgments shall cover the widest range of decisions taken by all of the participating relevant authorities. The maritime National Single Window may also allow, where applicable, for the connection with other reporting means;

• 71. 

  (2) ‘reporting obligation’ means the (2) ‘reporting obligation’ means the B information required by the Union and information required by the Union and Keep GA text international legal acts listed, as well international legal acts listed, as well

  as national legislation referred to, in as national legislation and the Annex, which has to be provided requirements referred to, in the Annex, for administrative and operational which has to be provided in connection purposes in connection with the with a port call; arrival, stay of a ship in and departure from a port in a Member State (‘port call’).

• 72. 

  (2a) ‘port call’ means the arrival, stay B of a ship in and departure from a Keep GA text. maritime port in a Member State; See last part of line 71.

• 73. 

  Amendment 16 Article 2 – paragraph 1 – point 2a (new)

• 74. 

  (2a) ‘relevant authority’ means a B national or local authority which is Suggest to withdraw EP involved in the clearance of ships amendment (not needed) arriving at or departing from a port or

  has legal rights to access the information collected by the National Single Window;

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 75. 

  (3) ‘data element’ means the smallest (3) ‘data element’ means the smallest A unit of information which has a unique unit of information which has a unique

  definition and precise technical definition and precise technical characteristics such as format, length characteristics such as format, length and character type; and character type;

• 76. 

  (3a) ‘EMSWe data set’ means the C complete list of data elements Keep GA text stemming from reporting obligations;

• 77. 

  Amendment 17 Revised proposed compromise Article 2 – paragraph 1 – point 3a (EP + Council language from (new) Art. 5):

• 78. 

  (3a) "graphical user interface (GUI)" C means a web interface for two-way (3a) "graphical user interface web based user-to-system data (GUI)" means a web interface submission to a single window and for two-way web based user-toincludes harmonised web pages and system data submission to a features that ensure a common maritime National Single navigation flow and data upload Window, allowing declarants to experience for a declarant fulfilling enter data manually, including reporting obligations within the scope by way of harmonised digital of this Regulation irrespective of spreadsheets, and shall include where the GUI is deployed. the function of extracting reporting data elements from those spreadsheets, including. The GUI shall and includes include common functionalities harmonised web pages and features that ensure a common navigation flow and data upload experience for the declarants a declarant fulfilling reporting obligations within the scope of this Regulation irrespective of

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

where the GUI is deployed. 79. Amendment 18

Article 2 – paragraph 1 – point 3b (new) Proposed compromise:

• 80. 

  (3b) "common access point interface" C means an optional or voluntary filing (3b) "common addressing point for declarants for routing service access point interface" system-to-system data to the means an additional optional or harmonised reporting interfaces of voluntary service filing point for the respective single windows, declarants for initiating direct developed as an added functionality of routing system-to-system data the harmonised reporting interfaces connection between the system and facilitating two-way exchanges of of a declarant and to the information between declarants and harmonised reporting interfaces the relevant authorities who will interface module of the access it via their own single window. respective maritime National Single Window windows, developed as an added functionality of the harmonised reporting interfaces and facilitating two-way exchanges of information between declarants and the relevant authorities who will access it via their own single window.

• 81. 

  Amendment 19 Article 2 – paragraph 1 – point 3 c (new)

• 82. 

  (3c) ‘technical specification’ means a B technical specification as defined in Suggest to withdraw EP point (4) of Article 2 of Regulation amendment (not necessary) (EU) No 1025/2012;

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 83. 

  Amendment 20 Article 2 – paragraph 1 – point 3 d (new)

• 84. 

  (3 d) ‘standard’ means a technical B specification, adopted by a recognised Suggest to withdraw EP standardisation body, for repeated or amendment (not necessary) continuous application, with which

  compliance is not compulsory, and which is one of the variations defined in points (1)(a), (b), (c) and (d) of Article 2 of Regulation (EU) No 1025/2012;

• 85. 

  (4) ‘port community system’ means an (4) […] C electronic system facilitating the GA text exchange of operational or

  administrative information between different actors in a port;

• 86. 

  (5) ‘declarant’ means the operator of (5) ‘declarant’ means […] any […] B the ship or any other natural or legal natural or legal person subject to the Keep GA text person subject to the reporting reporting obligations or any duly

  obligations; authorised natural or legal person acting on its behalf within the limits of the relevant reporting obligation;

• 87. 

  Amendment 21 Article 2 – paragraph 1 – point 5 a (new)

• 88. 

  (5a) 'customs authorities' means the B authorities defined in point (1) of Accept EP amendment Article 5 of Regulation (EU) No

  952/2013;

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 89. 

  (6) ‘data service provider’ means a (6) ‘data service provider’ means a B natural or legal person which provides natural or legal person which provides Keep GA text information and communication information and communication

  technology services or data entry technology services […] to a declarant services to a declarant in relation to the in relation to the reporting obligations; reporting obligations.

• 90. 

  Amendment 22 Article 2 – paragraph 1 – point 6a (new)

• 91. 

  (6a) ‘electronic transmission of data’ (6a) ‘electronic transmission of B means the process of transmitting information’ means the process of Keep GA text information that has been encoded transmitting information that has

  digitally, using a revisable structured been encoded digitally, using a format which can be used directly for revisable structured format which can storage and processing by computers. be used directly for data storage and processing by computers;

• 92. 

  [(6c) ‘ship’ means any vessel or craft B subject to a particular reporting Placeholder; see line 66 for obligation listed in the Annex;] comparison EP/Council

• 93. 

  (6d) ‘port services provider’ means B any natural or legal person providing Keep GA text, but change to one or more categories of the port "provider of port services" services established in Article 1(2) of

  Regulation (EU) 2017/352 of the European Parliament and of the Council * . _______________ * Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial

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Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

transparency of ports (OJ L 57, 3.3.2017, p. 1).

• 94. 

  Chapter II Chapter II A EMSWe data set EMSWe data set

• 95. 

  Article 3 Article 3 A Establishment of the EMSWe data set Establishment of the EMSWe data set

• 96. 

  1. The Commission shall lay down a 1. The Commission shall lay down B complete list of data elements (the […] the EMSWe data set […]. Keep GA text ‘EMSWe data set’) on the basis of the

  reporting obligations set out in the Union and international legal acts listed, and the national legislation referred to, in the Annex. The Commission shall ensure that the common data requirements, format and codes established in the Union legal acts listed in the Annex are respected.

• 97. 

  2. By six months from the entry into B force of this Regulation at the latest, Keep GA text the Member States shall notify the

  Commission of reporting obligations stemming from national legislation and requirements, containing the data elements to be included in the EMSWe data set. They shall precisely identify those data elements.

• 98. 

  2. The Commission shall be 3. The Commission shall be B empowered to adopt delegated acts in empowered to adopt [within two years Keep GA text with the accordance with the procedure referred after entry into force of this following correction proposed to in Article 18 in order to supplement Regulation] delegated acts in by the legal services: this Regulation for the purposes of accordance with the procedure referred

  establishing and amending the to in Article 18 in order to amend the 3. The Commission shall be EMSWe data set. The delegated act Annex to this Regulation for the empowered to adopt [within two

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals

(doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) which inserts or modifies a data purposes of introducing, deleting or years after entry into force of element in the EMSWe data set, on the adapting a reference to a Union, this Regulation] delegated acts basis of a reporting obligation international or national legal act, in accordance with the procedure contained in the national legislation, and establish and amend the EMSWe referred to in Article 18 in order shall include explicit reference to that data set. […] to amend the Annex to this national legislation. Regulation for the purposes of

introducing, deleting or adapting a reference to a Union, international or national legal act, and establish and amend the EMSWe data set. […] The first such delegated act shall be adopted by … [24 months after the date of entry into force of this Regulation].

• 99. 

  Amendment 23 Revised proposed compromise Article 3 – paragraph 3 as part of compromise on

  exceptional circumstances (editorial correction):

• 100. 

  3. A Member State may request the 3. A Member State may request the […] A Member State may request the C

  Commission to introduce data Commission to introduce or amend Commission to introduce data […] A Member State may elements in the EMSWe data set, on existing data elements in the EMSWe elements in the EMSWe data set, in request the Commission to the basis of the reporting obligations data set, on the basis of the reporting accordance with the reporting introduce or amend data contained in the national legislation. obligations contained in the national obligations contained in the national elements in the EMSWe data set, By six months from the entry into legislation. By six months from the legislation and requirements. The in accordance with the reporting force of this Regulation at the latest, entry into force of this Regulation at Commission shall take into account obligations contained in the the Member States shall notify the the latest, the Member States shall safety concerns as well as the national legislation and Commission of the provisions of notify the Commission of the principles of the FAL Convention, requirements. The Commission national legislation and corresponding provisions of national legislation and namely to require only essential shall take into account safety reporting obligations, containing the corresponding reporting obligations, reporting information and to keep the concerns as well as the data elements to be included in the containing the data elements to be number of items to a minimum, when principles of the FAL EMSWe data set. They shall precisely included in the EMSWe data set. They assessing whether data elements shall Convention, namely to require identify those data elements. The shall precisely identify those data be included in the EMSWe data set. only essential reporting

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Commission shall assess the necessity elements. The Commission shall assess The delegated act which inserts or information and to keep the of inserting or modifying a data the necessity of inserting or modifying modifies a data element in the EMSWe number of items to a minimum, element in the EMSWe data set on the a data element in the EMSWe data set data set, in accordance with a when assessing whether data basis of those notifications. on the basis of those notifications. reporting obligation contained in the elements shall be included in national legislation and requirements, the EMSWe data set. The shall include explicit reference to those delegated act which introduces national legislation and requirements. or amends a data element in the The Commission shall decide, within EMSWe data set, in accordance three months after the request, with a reporting obligation whether to introduce the data contained in the national elements in the EMSWe data set or legislation and requirements, not and justify its decision. shall include explicit reference to those national legislation and requirements. The Commission shall decide, within three months after the request, whether to introduce the data elements in the EMSWe data set or not and justify its decision.

• 101. 

  In case the Commission decides not to C introduce the requested data element, Keep GA text the Commission shall give

  substantiated grounds for its refusal, with reference to safety of navigation and the principles of the FAL Convention.

• 102. 

  4. The Commission shall also be 4. […] B empowered to adopt delegated acts in Keep GA text accordance with the procedure referred Cf. line 98. to in Article 18 in order to amend the

  Annex for the purposes of making or adapting a reference to a reporting obligation contained in Union or

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) international legal act or a reference to the national legislation.

• 103. 

  Amendment 24

  Article 3 – paragraph 4a (new) 104. 4a. When establishing the EMSWe C

  data set, the Commission should take Suggest to withdraw EP into consideration the development of amendment; addressed in line the IMO independent data reference 35. model.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 105. 

  Article 4 Article 4 B

  Requests for other information Amendments to the EMSWe data set Keep GA text 106. Amendment 25

  Article 4 – paragraph 1 107. 1. Where a Member State intends to 1. Where a Member State or a 1. Where a Member State intends to C

  introduce or amend a reporting relevant authority from a Member […] amend a reporting obligation Keep GA text obligation, under its national State intends to introduce or amend a under its national legislation and legislation, which would involve the reporting obligation, under its national requirements, which would involve provision of information other than legislation, which would involve the the provision of information other than that included in the EMSWe data set, provision of information other than that included in the EMSWe data set, that Member State shall immediately that included in the EMSWe data set, that Member State shall immediately notify the Commission. In this that Member State shall immediately notify the Commission. In this notification, the Member State shall notify the Commission. In this notification, the Member State shall precisely identify the information not notification, the Member State shall precisely identify the information not covered by the EMSWe data set and precisely identify the information not covered by the EMSWe data set and indicate the intended time period of covered by the EMSWe data set and indicate the intended time period of application of the reporting obligation indicate the intended time period of application of the reporting obligation in question. application of the reporting obligation in question. in question.

• 108. 

  Amendment 26

  Article 4 – paragraph 1a (new) 109. 1a. A Member State shall not 1a. A Member State shall not C

  introduce new reporting introduce new reporting obligations GA text requirements, except under duly unless this has been approved by the justified and exceptional Commission through the procedure in circumstances, unless this has been Article 3 and the corresponding approved by the Commission in information has been incorporated in accordance with Article 3(2) and the the EMSWe data set and applied in new reporting requirement has been the harmonised reporting interfaces. incorporated into the reporting interfaces. The Commission shall issue a decision concerning the introduction of a new reporting

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

requirement within 90 days following the receipt of the notification by the Member State.

• 110. 

  2. The Commission shall assess the 2. The Commission shall assess the C necessity of amending the EMSWe necessity of amending the EMSWe GA text data set in accordance with Article data set in accordance with Article

  3(2). 3(3). Amendments to the EMSWe data set shall only be introduced once a year, except in duly justified cases.

• 111. 

  2a. In exceptional circumstances, a C

  Member State may ask for additional GA text data elements from declarants, for a Related recital in line 36. period of less than three months without the approval of the Commission. The Member State shall without delay notify those data elements to the Commission. The Commission may agree to prolong the request of data for two further periods of three months if the exceptional circumstances persist.

• 112. 

  Amendment 27

  Article 4 – paragraph 2a (new) 113. 2a. In order to ensure uniform C

  conditions for the introduction of new EP prepared to withdraw reporting requirements under amendment exceptional circumstances, as referred to in paragraph 1 of this Article; the Commission is empowered to adopt delegated acts, in accordance with Article 18, to define when the circumstances referred to in paragraph 1 are to be considered

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

exceptional. 114. Not later than one month before the C

end of the last three-month period the GA text Member State may request to the Commission that the additional data elements become part of the EMSWe data set, according to Article 3(3); the Member State may continue to ask the additional data elements from declarants until a decision by the Commission has been taken, and in case of a positive decision, until the EMSWe data set has been implemented.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 115. 

  Chapter III Chapter III A

  Provision of information Provision of information 116. Article 5 Article 5 B

  National Single Windows Maritime National Single Window Keep GA text 117. Amendment 28

  Article 5 – paragraph 1 – subparagraph 1

• 118. 

  1. Each Member State shall establish a 1. Each Member State shall establish a 1. Each Member State shall establish a C

  National Single Window where, in National Single Window where, in maritime National Single Window Keep GA (as part of "GUI accordance with this Regulation and accordance with this Regulation and where, in accordance with this compromise", lines 29, 70, 78, without prejudice to Article 6, all without prejudice to Article 6, all Regulation and without prejudice to 138, 160, 168) information necessary for the information necessary for the Article 6, all information necessary for fulfilment of reporting obligations fulfilment of reporting obligations the fulfilment of reporting obligations shall be provided once, by means of shall be provided once, in accordance shall be provided once, by means of and in compliance with the EMSWe with Article 7(2), by means of and in and in compliance with the EMSWe data set, for the purpose of this compliance with the EMSWe data set, data set, and using the harmonised information being made available to for the purpose of this information reporting interface module and the the relevant authorities of the Member being made available to the relevant graphical user interface as set out in States. authorities of the Member States. Article 5a and, where applicable, other reporting means as set out in Article 6, for the purpose of this information being made available to the relevant authorities of the Member States to the extent required to perform their respective functions.

• 119. 

  Member States shall be responsible for Member States shall be responsible for B the development, availability, the […] operation of their maritime Keep GA text maintenance, security and operation of National Single Window.

  their National Single Windows.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 120. 

  Amendment 29

  Article 5 – paragraph 1 – subparagraph 1a (new) Proposed compromise:

• 121. 

  Member States may, in accordance C with this Regulation and without Member States may, in prejudice to Article 6, develop a accordance with this Regulation shared Single Window with one or and without prejudice to Article more other Member States in order to 6, jointly develop establish a improve interoperability and maritime shared single window interconnection between Member with one or more other Member States. States in order to improve interoperability and interconnection between Member States. Those Member States shall designate that maritime single window as their maritime National Single Window and remain responsible for its operation in accordance with this Regulation.

• 122. 

  Amendment 30

  Article 5 – paragraph 1 – subparagraph 1b (new)

• 123. 

  The Member States shall ensure that C a governance dimension with a clear Suggest to withdraw EP legal basis is developed to provide amendment, but address it in each National Single Window with Article 13 on national the competences required to coordinators (lines 232-237) efficiently collect store and distribute

  the data to the relevant authorities so that any relevant information received in accordance with this Regulation is

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

made available to other National Single Windows via the SafeSeaNet system in accordance with Article 22a of Directive 2002/59/EC.

• 124. 

  1a. Member States which do not have C maritime ports are exempted from the GA text obligation to develop, establish, Related recital in line 28. operate and make available a

  maritime National Single Window which is set out in the first paragraph.

• 125. 

  Amendment 31

  Article 5 – paragraph 2 126. 2. The Commission shall develop and 2. By … (date: two years after the 2. […] C

  update a harmonised reporting entry into force of this Regulation), This EP amendment is interface module for the National the Commission and Member States addressed in Art. 5a, line 156 Single Windows. This module shall shall develop and update a and 167. include the possibility to exchange technologically neutral harmonised information between the information reporting interface for the National system used by the declarant and the Single Windows. That interface shall National Single Window. make it possible to exchange information between the information system used by the declarant and the National Single Window and to duly take into account how users can design or programme their reporting systems so that they can implement this new system.

• 127. 

  Amendment 32

  Article 5 – paragraph 2a (new) Proposed compromise: 128. 2a. By … (date: five years after the C

  entry into force of this Regulation), 2a. By … (date: five years after the Commission shall develop, in the entry into force of this close cooperation with the Member Regulation), the Commission

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

States a voluntary optional common shall develop, in close access point interface as an added cooperation with the Member functionality of the harmonised States, an additional voluntary reporting interfaces, provided that the optional common access point harmonised reporting interfaces have interface common addressing been implemented fully in accordance service as an added with paragraph 11 of this Article. The functionality of the harmonised access point interface shall consist of reporting interfaces, provided a common user interface jointly that the harmonised reporting managed by the Commission and the interfaces interface module participating Member States, which have has been implemented shall be integrated with the fully in accordance with harmonised reporting interfaces. The paragraph 11 of this Article 5a. access point interface shall make it The access point interface shall possible to use a single connection for consist of a common user system to system exchange of data interface jointly managed by the between declarants and participating Commission and the Member States´ reporting interfaces. participating Member States, which shall be integrated with the harmonised reporting interfaces. The access point interface shall make it possible to use a single connection for system to system exchange of data between declarants and participating Member States´ reporting interfaces.

• 129. 

  3. The Member States shall ensure: 3. The Member States shall ensure: A

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 130. 

  Amendment 33

  Article 5 – paragraph 3 – point a 131. Proposed compromise (see line

  134): 132. (a) the compatibility of the National (a) the compatibility of the National (a) the compatibility of the maritime C

Single Window with the reporting Single Window with the reporting National Single Window with the (a) the compatibility of the

interface module; interface […]; harmonised reporting interfaces; maritime National Single

Window with the harmonised

reporting interfaces interface

module and adherence of their

graphical user interface to the

common functionalities in

accordance with Article 5a(2);

• 133. 

  Amendment 34

  Article 5 – paragraph 3 – point aa (new)

• 134. 

  (aa) adherence to the functional and C technical specifications for the EP prepared to withdraw reporting interfaces in accordance amendment (see line 132) with paragraph 11 of this Article;

• 135. 

  Amendment 35

  Article 5 – paragraph 3 – point b 136. (b) the timely integration of the (b) the timely integration of the (b) the timely integration of the C

  reporting interface module and any reporting interface […] and any harmonised reporting interfaces […] Keep GA text subsequent updates in accordance with subsequent updates in accordance with in accordance with the implementation the implementation dates set in the the implementation dates set in the dates set in the implementing act implementing act referred to in implementing act referred to in referred to in Article 5a and any paragraph (11); paragraph (11); subsequent updates in accordance with the dates agreed in the multiannual implementation plan (MIP);

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 137. 

  Amendment 36

  Article 5 – paragraph 3 – point ba (new)

• 138. 

  (ba) the provision of an easy-to-use C harmonised Graphical User Interface Withdraw EP amendment as (GUI), with a similar look, for the part of "GUI compromise". exchange of data between a declarant Cf. line 168 and a Single Window that allows for

  two-way communication between the data provider and the relevant authorities that adheres to the functional and technical specifications of the harmonised GUI as developed in accordance with paragraph 11 of this Article;

• 139. 

  (c) a connection with the relevant (c) a connection with the relevant B systems of competent authorities, to systems of competent authorities, to Keep GA text enable the transfer of data to be enable the transfer of data to be

  reported to those authorities, through reported to those authorities, through the National Single Window and to the maritime National Single Window these systems, in accordance with the and to these systems, in accordance Union and national legislation, and in with the Union and national legislation compliance with the technical and requirements, and in compliance specifications of these systems; with the technical specifications of these systems;

• 140. 

  Amendment 37

  Article 5 – paragraph 3 – point d Revised proposed compromise: 141. (d) the provision of an online support (d) the provision of a helpdesk and an (d) the provision of a an online support C

  website. online support website with clear website for their maritime National (d) the provision of a daytime instructions in the official Single Window. helpdesk during the first 12

  languages(s) of that Member State months from the date of and in any event in English, without application of this Regulation, prejudice to the principle of and an online support website

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

multilingualism enshrined in the for their maritime National TFEU. Single Window with clear instructions in the official languages(s) of that Member State and, where relevant, in a language that is internationally used.

• 142. 

  Amendment 38

  Article 5 – paragraph 3 – point da (new) Proposed compromise:

• 143. 

  (da) in consultation with relevant C social partners, the provision of (da) in consultation with adequate and necessary training for relevant social partners, the all staff involved in the provision of adequate and implementation and operation of the necessary training for all staff National Single Window. directly involved in the implementation and operation of the maritime National Single Window.

• 144. 

  Amendment 39

  Article 5 – paragraph 3a (new) 145. 3a. Member States shall ensure that C

  the National Single Windows provide EP prepared to withdraw two-way communications between the amendment (cf. def. of NSW, data providers and the relevant line 70) authorities in order to avoid delays in the clearing processes and to prevent failures or inaccuracies in the submission of the required reporting information. The National Single Windows shall enable messages or results to be communicated to the declarant. These messages shall cover

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

the widest range of decisions taken by all of the participating relevant authorities.

• 146. 

  Amendment 40

  Article 5 – paragraph 4 147. 4. National Single Windows shall also 4. National Single Windows shall also 4. […] B

  allow declarants to provide allow declarants to provide the GA text (included in GUI information by way of digital required information, including by definition, line 78) spreadsheets, harmonised at Union way of digital spreadsheets, level, and shall include the function of harmonised at Union level, and shall extracting reporting data elements include the function of extracting from those spreadsheets. reporting data elements […].

• 148. 

  5. Member States shall ensure that the 5. Member States shall ensure that the B required information reaches the required information reaches the Keep GA text (see Art. 8a on authorities in charge of the application authorities in charge of the application data protection) of the legislation in question, and is of the legislation in question, and is

  limited to the needs of each of those limited to the needs of each of those authorities. In doing so, Member States authorities. In doing so, Member States shall ensure compliance with the legal shall ensure compliance with the legal requirements related to the requirements related to the transmission of information, including transmission of information […], personal data, provided for in the provided for in the Union legal acts Union legal acts listed in the Annex listed in the Annex and, where and, where applicable, use the applicable, use the electronic dataelectronic data-processing techniques processing techniques referred to in referred to in Article 6(1) of Article 6(1) of Regulation (EU) No Regulation (EU) No 952/2013. They 952/2013.They shall also ensure shall also ensure interoperability with interoperability with the information the information systems used by those systems used by those authorities. authorities.

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• 149. 

  6. National Single Windows shall 6. The maritime National Single C provide for technical possibility for Window may provide for technical Proposed compromise: declarants to make available relevant possibility for declarants to make

  information, separately, to destination available a pre-defined subset of data 6. The maritime National Single port services providers. elements, separately, to destination Window may shall provide for port services providers. technical possibility for declarants to make available a pre-defined subset of data elements, separately, to destination providers of port services providers a subset of data elements pre-defined at national level.

• 150. 

  7. Where a Member State does not 7. Where a Member State does not B require all of the elements of the require all of the elements of the Keep GA text EMSWe data set for the fulfilment of EMSWe data set for the fulfilment of

  reporting formalities, the National reporting obligations, the maritime Single Window shall accept National Single Window shall accept submissions that are limited to the data submissions that are limited to the data elements required by that Member elements required by that Member State. It shall also accept submissions State. It shall also accept submissions by the declarant including additional by the declarant including additional data elements of the EMSWe data set. data elements of the EMSWe data set; however, it does not need to process and store this information.

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• 151. 

  8. A Member State shall store the 8. A Member State shall store the B information submitted to its National information submitted to its maritime Keep GA text Single Window for the period of time National Single Window only for the

  necessary to ensure fulfilment of the period of time necessary to ensure requirements set out in this Regulation fulfilment of the requirements set out and, where compliance with the Union in this Regulation and to provide legal acts listed in the Annex can only compliance with the Union, be ensured through storage in the international and national legal acts National Single Window, for the listed in the Annex […]. They shall period of time necessary for immediately delete it afterwards. compliance with those acts. They shall immediately delete it afterwards.

• 152. 

  9. National Single Windows shall 9. The maritime National Single C make publicly available arrival and Windows may make publicly available Keep GA text departure times of ships, estimated and arrival and departure times of ships,

  actual, in the electronic format estimated and actual, in the electronic harmonised at the Union level. format harmonised at the Union level.

• 153. 

  10. National Single Windows shall 10. The maritime National Single B have uniform internet address and Windows shall have a uniform internet Keep GA text support webpages, harmonised at the address […].

  Union level. 154. 10a. The Commission shall adopt B

  [within two years after entry into Keep GA text force of this Regulation], by means of Cf. line 165. an implementing act, uniform format for internet addresses and harmonised structure of the support website, referred to in paragraph 3d and 10.

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• 155. 

  Article 5a C

  Harmonised Reporting Interfaces GA text 156. 11. The Commission shall adopt, by 1. The Commission shall, in close C

  means of implementing acts: cooperation with the Member States, Proposed compromise: 157. Amendment 41 establish [within two years after entry

  Article 5 – paragraph 11 – into force of this Regulation], by 1. The Commission shall, in subparagraph 1 – point a means of implementing acts the close cooperation with the

• 158. 

  (a) the functional and technical (a) the functional and technical functional and technical specifications Member States, establish specifications, quality control specifications, quality control […] for the harmonised reporting [within two years after entry mechanisms and procedures for mechanisms and procedures for interface module for the maritime into force of this Regulation], deploying, maintaining and employing deploying, maintaining and employing National Single Windows. by means of implementing acts the reporting interface module referred the reporting interface […] referred to the functional and technical to in paragraph 2; in paragraph 2; specifications […] for the harmonised reporting interface module for the maritime National Single Windows. The functional and technical specifications shall aim to facilitate the interoperability with different technologies and reporting systems of the users.

• 159. 

  Amendment 42

  Article 5 – paragraph 11 – subparagraph 1 – point aa (new) 160. (aa) the functional and technical C

  specifications, quality control EP prepared to withdraw mechanisms and procedures for amendment as part of "GUI deploying, maintaining and compromise". employing the harmonised graphical user interface (GUI) referred to in paragraph 3;

ANNEX TREE.2.A EN

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• 161. 

  Amendment 43

  Article 5 – paragraph 11 – subparagraph 1 – point a b (new) Proposed compromise: 162. (ab) the functional and technical (ab) the functional and

  specifications, quality control technical specifications, quality mechanisms and procedures for control mechanisms and deploying, maintaining and procedures for deploying, employing the common access point maintaining and employing the interface as an added functionality to common addressing service the harmonised reporting interfaces access point interface as an referred to in paragraph 2; added functionality to the harmonised reporting interfaces referred to in paragraph 2;

• 163. 

  (b) the harmonised digital spreadsheet (b) […] C referred to in paragraph 4; Keep GA text

• 164. 

  (c) harmonised technical specifications (c) […] C for making available arrival and Keep GA text departure times referred to in

  paragraph 9; 165. (d) uniform format for internet (d) […] C

  addresses and harmonised structure of Keep GA text the support website, referred to in paragraph 10.

• 166. 

  1a. The Commission shall, in close C cooperation with the Member States, GA text develop [within three years after entry

  into force of this Regulation] and update the harmonised reporting interface module for the maritime National Single Windows in conformity with the specifications referred to in paragraphs 1 and 4.

ANNEX TREE.2.A EN

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• 167. 

  1b. The Commission shall provide the C

  Member States with the harmonised GA text reporting interface module and all relevant information for the integration into their maritime National Single Windows.

• 168. 

  2. The graphical user interface shall C allow declarants to enter data Proposed compromise (deleted elements manually, including by way text moved to def. of GUI, line of digital spreadsheets, and shall 78): include the function of extracting 2. The graphical user interface reporting data elements from those shall allow declarants to enter spreadsheets. The Commission shall data elements manually, adopt [within two years after entry including by way of digital into force of this Regulation] spreadsheets, and shall include implementing acts to lay down the the function of extracting common functionalities of the reporting data elements from graphical user interface and the those spreadsheets. The templates of the harmonised digital Commission shall adopt [within spreadsheets. two years after entry into force of this Regulation] implementing acts to lay down the common functionalities of the graphical user interface and the templates of the harmonised digital spreadsheets referred to in Article 2(3a).

• 169. 

  Those implementing acts shall be 3. Those implementing acts shall be A adopted in accordance with the adopted in accordance with the Keep GA text advisory procedure referred to in advisory procedure referred to in

  Article 19(2). Article 19(2).

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• 170. 

  Amendment 44

  Article 5 – paragraph 11 – subparagraph 3 Proposed compromise:

• 171. 

  The Commission shall amend, by The Commission shall adopt […] 4. The Commission shall adjust, by C means of implementing acts, the implementing acts, to amend the means of implementing acts, the 4. The Commission shall adjust technical specifications, standards and technical specifications, standards and technical specifications, standards and amend, by means of procedures, in order to take into procedures, in order to ensure that the procedures, in order to take into implementing acts, the technical account the availability of new interfaces are technology neutral and account the availability of new specifications, standards and technologies. open to future technologies. technologies. procedures, in order to take into account the availability of new ensure that the interfaces are open to future technologies.

• 172. 

  Amendment 45

  Article 5 – paragraph 11a (new) 173. 11a. National Single Windows shall C

  operate without prejudice to EP prepared to withdraw Regulation (EU) No 952/2013 and amendment Decision No 70/2008/EC.

• 174. 

  Article 6 Article 6

  Other reporting means Other reporting means 175. Amendment 46 Revised proposed compromise:

  Article 6 – paragraph 1 -1. Member States shall allow declarants to provide, on a

  voluntary basis, information to the maritime National Single Window through data service providers that comply with the requirements of the harmonised reporting interfaces interface module.

• 176. 

  1. Member States may allow declarants 1. Member States shall allow 1. Member States may allow declarants C to provide the information through declarants to provide the information to provide the information through Keep general approach.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) other reporting channels, such as port through existing system to system or other reporting channels […] provided community systems, provided that other reporting channels such as port that those channels are voluntary for those channels are voluntary for the community systems and National the declarants. In this case, Member declarants. In this case, Member States Single Windows, provided that those States shall ensure that those other shall ensure that those other channels channels are voluntary for the channels make available the relevant make available the relevant declarants. In this case, Member States information to the maritime National information to the National Single shall ensure that those other channels Single Window.

Window. make available the relevant information to the National Single Window.

• 177. 

  2. Member States shall set up 3a. Member States may use alternative C alternative means for the provision of means for the provision of information Keep GA text information in the event of a temporary in the event of a temporary failure of

  failure of any of the electronic systems any of the electronic systems referred referred to in Article 5, and in Articles to in Article 5, and in Articles 9 to 12. 9 to 12.

• 178. 

  3. This Regulation shall not prevent 3. […] C exchange of information between GA text customs authorities of the Member

  States or between customs authorities and economic operators using the electronic data-processing techniques referred to in Article 6(1) of Regulation (EU) 952/2013.

• 179. 

  Article 7 Article 7

  Once-only principle Once-only principle 180. 1. Without prejudice to Article 6(3), 1. Without prejudice to Article 8b(1) B

  the Member States shall ensure that the and unless otherwise required by Keep GA text declarant is requested to provide the Union legislation, Member States shall information pursuant to this Regulation ensure that the declarant is requested to only once per port call and that the provide the information pursuant to relevant information is made available this Regulation only once per port call or reused in accordance with paragraph and that the relevant data elements of

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 2. 

  the EMSWe data set is made available and reused in accordance with

  paragraph 2a. 181. 2. The Member States shall ensure 2. The Commission shall ensure that C

that: […] the ship identification Keep GA text 182. (a) the ship identification information information, particulars and C

and particulars provided to a National exemptions provided through the Keep GA text Single Window are recorded in the maritime National Single Window are EMSWe ship database referred to in recorded in the EMSWe ship database Article 10 and are not requested again referred to in Article 10 and are made for any subsequent port calls within the available for any subsequent port calls Union; within the Union.

• 183. 

  (b) any relevant information received (b) […] B in accordance with this Regulation is Keep GA text made available to other National Cf. line 188. Single Windows via the SafeSeaNet

  system in accordance with the technical requirements set out in Directive 2002/59/EC;

• 184. 

  Amendment 47

  Article 7 – paragraph 2 – point c 185. (c) reporting information provided at (c) reporting information provided at 2a.Member States shall ensure that C

  departure from a port in the Union is departure from a port in the Union is data elements of the EMSWe data set, GA text not requested again during the voyage not requested again […] at arrival to provided at departure from a port in the or at arrival to the next port in the the next port in the Union, provided Union, are made available to the Union, provided that the ship has not that it can be reused for operational declarants for the purpose of fulfilling called to a port outside of the Union or administrative purposes and the reporting obligations at arrival to during the voyage. This point shall not provided that the ship has not called to the next port in the Union, provided apply to information received pursuant a port outside of the Union during the that the ship has not called to a port to Regulation (EU) No 952/2013, voyage. This point shall not apply to outside of the Union during the unless such possibility is provided for information received pursuant to voyage. This point shall not apply to in that Regulation; Regulation (EU) No 952/2013, unless information received pursuant to such possibility is provided for in that Regulation (EU) No 952/2013, unless

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Regulation; such possibility is provided for in that Regulation.

• 186. 

  Amendment 48

  Article 7 – paragraph 2 – point d 187. (d) the relevant information of the (d) the relevant information of the (d) […] C

Entry Summary Declaration referred to Entry Summary Declaration referred to EP prepared to withdraw

in Article 127 of Regulation (EU) No in Article 127 of Regulation (EU) No amendment; cf. line 199

952/2013 is made available to the 952/2013 is made available to the

National Single Windows for reference National Single Windows for reference

and, where appropriate, reused for and, where appropriate and compatible

other reporting obligations listed in the with Union customs law following

Annex. clearance by customs authorities,

reused for other reporting obligations

listed in the Annex.

• 188. 

  2b. Any relevant data elements of the B

EMSWe data set received in Keep GA text

accordance with this Regulation are Cf. line 183.

made available to other maritime

National Single Windows via the

SafeSeaNet […].

• 189. 

  2c. The Commission shall adopt, by B

means of implementing acts, the list of Keep GA text

relevant information referred to in Cf. line 192.

paragraphs 2a and 2b. Those

implementing acts shall be adopted in

accordance with the advisory

procedure referred to in Article 19(2).

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 190. 

  Article 7a C

  Responsibility for the information Keep GA text communicated

• 191. 

  3. The declarant shall be responsible The declarant shall be responsible for C for ensuring the timely submission, ensuring […] submission of data Keep GA text accuracy and completeness of the elements, in compliance with the

  information provided in accordance of applicable legal and technical this Regulation, and its compliance requirements […]. The declarant shall with any technical requirements of the remain responsible for the data and for National Single Windows. The updating any information that has declarant shall remain responsible for changed after the submission to the updating any information, if it has maritime National Single Window. changed after the submission.

• 192. 

  4. The Commission shall adopt, by 4. […] B means of implementing acts, the list of Keep GA text relevant information referred to in Cf. line 189. points (b), (c) and (d) of paragraph 2.

  Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2).

• 193. 

  Article 8 Article 8a C

  Confidentiality Data protection and confidentiality GA text 194. 1. The processing of personal data C

  within the framework of this GA text Regulation by competent authorities shall comply with Regulation (EU) 2016/679.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 195. 

  2. The processing of personal data by C the Commission within the framework GA text of this Regulation shall comply with NB: updated reference: the provisions of Regulation (EU) Regulation 2018/1725 2018/XXX [new Regulation replacing

  Regulation 45/2001 on processing of personal data by the Community institutions].

• 196. 

  Member States shall, in accordance 3. Member States and the Commission C with the applicable Union or national shall, in accordance with the applicable GA text legislation, take the necessary Union or national legislation, take the

  measures to ensure the confidentiality necessary measures to ensure the of commercial and other sensitive confidentiality of commercial and information exchanged in accordance other sensitive information exchanged with this Regulation. in accordance with this Regulation.

• 197. 

  Article 8b C

  Additional provisions for customs GA text 198. 1. This Regulation shall not prevent C

  exchange of information between GA text customs authorities of the Member States or between customs authorities and economic operators using the electronic data-processing techniques referred to in Article 6(1) of Regulation (EU) 952/2013.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 199. 

  2. The relevant information of the C

  Entry Summary Declaration referred GA text to in Article 127 of Regulation (EU) No 952/2013 shall, where compatible with Union customs law, be made available to the National Single Windows for reference and, where appropriate, reused for other reporting obligations listed in the Annex.

• 200. 

  3. The Commission shall adopt, by C means of implementing acts, the list GA text of relevant information data elements

  referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2) [within two years after entry into force of this Regulation].

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 201. 

  Chapter IV Chapter IV A

  Common services Common services NB: The common addressing service might have to be

  included under this chapter. 202. Article 9 Article 9 B

  EMSWe user and access management EMSWe user registry and access Keep GA text system management system

• 203. 

  1. The Commission shall establish a 1. The Commission shall establish and B common user and access management ensure the availability of a common Keep GA text system for declarants and data service user registry and access management

  providers using National Single system for declarants and data service Windows as well as for authorities providers using the maritime National accessing the National Single Single Window, as well as for national Windows. The system shall provide for authorities accessing the maritime a single user registration with EU level National Single Window, for cases recognition, federated user where an authentication is required. management and EU level user The system shall provide for a single monitoring. user registration by means of an existing Union registry with Union level recognition, federated user management and Union level user monitoring.

• 204. 

  2. Each Member State shall designate a B national authority to be responsible for Keep GA text the identification and registration of

  new users, and the modification and termination of existing accounts through the system referred to in paragraph 1.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 205. 

  2. For the purpose of access to the 3. For the purpose of access to the B

  National Single Windows in different maritime National Single Window in Keep GA text Member States, a declarant or data different Member States, a declarant or NB: *add maritime service provider registered in the data service provider registered in the EMSWe user and access management EMSWe user registry and access system shall be considered registered management system shall be to National Single Windows in all considered registered to the *National Member States. Single Window in all Member States and shall operate within the limits of the access rights granted by each Member State according to national rules.

• 206. 

  3. Each Member State shall designate 3. […] B the national authority responsible for Keep GA text the user management of declarants and Moved to § 2. Cf. line 204. data service providers including for

  registering new users, modifying and terminating existing accounts of the user authentication instrument.

• 207. 

  4. The Commission shall adopt, by 4. The Commission shall adopt [within B means of implementing acts, the two years after entry into force of this Keep GA text with the technical specifications, standards and Regulation], by means of following correction proposed procedures for setting up of the implementing acts, the technical by the legal services: instrument referred to in paragraph 1 specifications, standards and

  for collecting, storing and provision of procedures for setting up the system 4. The Commission shall adopt user credentials. Those implementing referred to in paragraph 1, including [within two years after entry acts shall be adopted in accordance the functionalities referred to in into force of this Regulation], with the advisory procedure referred to paragraph 2. Those implementing acts by means of implementing acts, in Article 19(2). shall be adopted in accordance with the the technical specifications, advisory procedure referred to in standards and procedures for Article 19(2). setting up the system referred to in paragraph 1, including the functionalities referred to in

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

paragraph 2. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2).

The first such implementing act shall be adopted by … [24 months after the date of entry into force of this Regulation].

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 208. 

  Article 10 Article 10 A

  EMSWe Ship Database EMSWe Ship Database 209. 1. In accordance with point (a) of 1. In accordance with point (a) of A

  Article 7(2), the Commission shall Article 7(2), the Commission shall establish a EMSWe ship database establish a EMSWe ship database containing a list of ship identification containing a list of ship identification information and particulars as well as information and particulars as well as records on ship reporting exemptions. records on ship reporting exemptions.

• 210. 

  2. Member States shall ensure the 2. Member States shall ensure the B provision of new ship particulars to the provision of the data referred to in Keep GA text EMSWe ship database and availability paragraph 1 to the EMSWe ship

  of this information for facilitation of database on the basis of the data ship reporting. submitted by declarants to the maritime National Single Window.

• 211. 

  2a. The Commission shall ensure the B availability of the ship database data Keep GA text to the maritime National Single

  Windows for facilitation of ship reporting.

• 212. 

  3. The Commission shall adopt, by 3. The Commission shall adopt [within B means of implementing acts, the two years after entry into force of this Keep GA text with the technical specifications, standards and Regulation], by means of following correction proposed procedures for setting up of the implementing acts, the technical by the legal services: database referred to in paragraph 1 for specifications, standards and 3. The Commission shall adopt collecting, storing and provision of the procedures for setting up of the [within two years after entry ship particulars and exemptions. Those database referred to in paragraph 1 for into force of this Regulation], implementing acts shall be adopted in collecting, storing, updating and by means of implementing acts, accordance with the advisory provision of the ship identification the technical specifications, procedure referred to in Article 19(2). information and particulars as well as standards and procedures for records on ship reporting exemptions. setting up of the database Those implementing acts shall be referred to in paragraph 1 for adopted in accordance with the collecting, storing, updating and advisory procedure referred to in provision of the ship

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Article 19(2). identification information and particulars as well as records on ship reporting exemptions.

Those implementing acts shall be

adopted in accordance with the

advisory procedure referred to in

Article 19(2).

The first such implementing act

shall be adopted by … [24

months after the date of entry

into force of this Regulation].

• 213. 

  Article 11 Article 11 A

  Common Location Database Common Location Database 214. 1. The Commission shall establish a 1. The Commission shall establish a A

  common location database containing common location database containing a reference list of location codes * and a reference list of location codes ' and port facility codes as registered in the port facility codes as registered in the IMO database GISIS. IMO database GISIS. ____________ ________ * "United Nations Code for Trade and *"United Nations Code for Trade and Transport Locations" Transport Locations".

• 215. 

  1a. The Commission shall ensure the B availability of the location database to Keep GA text the maritime National Single

  Windows for facilitation of ship reporting.

• 216. 

  2. Member States shall make 2. Member States shall make A information from location database information from the location database

  available at national level through the available at national level through the National Single Windows. National Single Windows.

• 217. 

  3. The Commission shall adopt, by 3. The Commission shall adopt [within B means of implementing acts, the two years after entry into force of this Keep GA text with the

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) technical specifications, standards and Regulation], by means of following correction proposed procedures for setting up of the implementing acts, the technical by the legal services: common location database referred to specifications, standards and The Commission shall adopt in paragraph 1 for collecting, storing procedures for setting up of the [within two years after entry and provision of the location and port common location database referred to into force of this Regulation], facility codes. Those implementing in paragraph 1 for collecting, storing, by means of implementing acts, acts shall be adopted in accordance updating and provision of the location the technical specifications, with the advisory procedure referred to and port facility codes. Those standards and procedures for in Article 19(2). implementing acts shall be adopted in setting up of common location

accordance with the advisory database referred to in paragraph procedure referred to in Article 19(2). 1 for collecting, storing, updating and provision of the location and port facility codes. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2). The first such implementing act shall be adopted by … [24 months after the date of entry into force of this Regulation].

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 218. 

  Article 12 Article 12 A

  Common Hazmat Database Common Hazmat Database 219. 1. The Commission shall establish a 1. The Commission shall establish a A

  common hazmat database containing a common hazmat database containing a list of dangerous and polluting goods list of dangerous and polluting goods which have to be notified in which have to be notified in accordance with Directive accordance with Directive 2002/59/EC * and IMO FAL Form 7, 2002/59/EC * and IMO FAL Form 7, taking into consideration the relevant taking into consideration the relevant data elements from the IMO data elements from the IMO Conventions and Codes. Conventions and Codes. _____________ _______________ * OJ L 208 of 5.8.2002, pp. 10-27 * OJ L 208, 5.8.2002, p. 10.

• 220. 

  1a. The Commission shall ensure the B availability of the common hazmat Keep GA text database to the maritime National

  Single Windows for facilitation of ship reporting.

• 221. 

  2. The database shall be linked to the 2. The database shall be linked to the A relevant entries in the MAR-CIS relevant entries in the MAR-CIS

  database as developed by European database as developed by European Maritime Safety Agency for Maritime Safety Agency for information on associated hazards and information on associated hazards and risks of dangerous and polluting goods. risks of dangerous and polluting goods.

• 222. 

  3. The database shall be used both as a 3. The database shall be used both as a A reference and a verification tool, at reference and a verification tool, at

  national and Union level, during the national and Union level, during the reporting process through the National reporting process through the National Single Windows. Single Windows.

• 223. 

  4. Member States shall make 4. Member States shall make A information from the common hazmat information from the common hazmat

  database available at national level database available at national level through National Single Windows. through National Single Windows.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 224. 

  5. The Commission shall adopt, by 5. The Commission shall adopt [within B means of implementing acts, the two years after entry into force of this Keep GA text with the technical specifications, standards and Regulation], by means of following correction proposed procedures for setting up of the implementing acts, the technical by the legal services: common hazmat database referred to in specifications, standards and

  paragraph 1 for collecting, storing and procedures for setting up of the 5. The Commission shall adopt provision of the hazmat reference common hazmat database referred to in [within two years after entry information. Those implementing acts paragraph 1 for collecting, storing and into force of this Regulation], shall be adopted in accordance with the provision of the hazmat reference by means of implementing acts, advisory procedure referred to in information. Those implementing acts the technical specifications, Article 19(2). shall be adopted in accordance with the standards and procedures for advisory procedure referred to in setting up of the common hazmat Article 19(2). database referred to in paragraph 1 for collecting, storing and provision of the hazmat reference information. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2). The first such implementing act shall be adopted by … [24 months after the date of entry into force of this Regulation].

• 225. 

  Article 12a C

  Common Ship Sanitation Database GA text 226. 1. The Commission shall make C

  available a common ship sanitation GA text (exact wording to be database. verified)

• 227. 

  2. In particular the data related to the C

  Maritime Declarations of Health Proposed compromise: under Article 37 of the International 2. In particular the The

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Health Regulations 2005 (IHR) may database shall be able to receive be received and processed by the and store data related to the database; personal data on ill persons Maritime Declarations of on board shall not be processed. Health under Article 37 of the International Health Regulations 2005 (IHR) may be received and processed by the database; personal data on ill persons on board shall not be processed stored.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 228. 

  In addition, the database is to permit C direct communication between the In addition, the database is to competent health authorities of the permit direct communication Member States. between The competent health authorities of the Member States shall have access to the database for the purpose of receiving and exchanging data.

• 229. 

  3. The Member States using the ship C sanitation database shall make known 3. The Member States using the to the Commission their national ship sanitation database shall authority in charge of user make known to the Commission management, including the their national authority in registration of new users as well as charge of the database user the modification and closure of management, including the accounts. registration of new users as well as the modification and closure of accounts.

• 230. 

  4. The Commission shall adopt, by C means of implementing acts, the Revised proposed compromise: technical specifications, standards 4. The Commission shall adopt, and procedures for setting up of the by means of implementing acts, database referred to in paragraph 1. the technical specifications, Those implementing acts shall be standards and procedures for adopted in accordance with the setting up of the database advisory procedure referred to in referred to in paragraph 1 as Article 19(2). well as further functionalities of the database. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 19(2).

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 231. 

  Chapter V Chapter V A

  Coordination of the EMSWe activities Coordination of the EMSWe activities 232. Article 13 Article 13 A

  National coordinators National coordinators 233. Each Member State shall designate a Each Member State shall designate a B

  competent authority to act as a national competent national authority to act as Proposed compromise (related coordinator for the EMSWe. The a national coordinator for the EMSWe. to governance dimension): national coordinator shall: The national coordinator shall: Each Member State shall designate a competent national authority with a clear legal mandate to act as a national coordinator for the EMSWe. The national coordinator shall:

• 234. 

  (a) act as a national contact point for (a) act as the national contact point for B all matters relating to the users and the Commission for all Keep GA text implementation of this Regulation; matters relating to the implementation

  of this Regulation; 235. (b) coordinate the application of this (b) coordinate the application of this B

  Regulation by the competent national Regulation by the competent national Keep GA text authorities within a Member State; authorities within a Member State and their cooperation;

• 236. 

  (c) coordinate the activities aiming at (c) coordinate the activities aiming at A ensuring the connection with the ensuring the connection with the Proposed compromise (related relevant systems of competent relevant systems of competent to governance dimension): authorities as referred in Article authorities as referred in Article (c) coordinate the activities 5(3)(c); 5(3)(c). aiming at ensuring the distribution of data and the connection with the relevant systems of competent authorities as referred in Article 5(3)(c).

• 237. 

  (d) act as a single contact point with (d) […] B the Commission for all matters relating Keep GA text

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) to the EMSWe. Cf. line 234.

• 238. 

  Article 14 Article 14 A

  Multi-annual Implementation Plan Multi-annual Implementation Plan 239. In order to facilitate the timely In order to facilitate the timely C

  implementation of this Regulation, the implementation of this Regulation and Keep GA text Commission shall adopt, following to provide quality control mechanisms appropriate expert consultations, a and procedures for deploying, multi-annual implementation plan maintaining and updating the (MIP) revised on a yearly basis which harmonised interface module and the shall provide: related harmonised elements of the EMSWe, the Commission shall adopt, following appropriate […] consultations of Member States' experts, a MIP revised on a yearly basis which shall provide:

• 240. 

  Amendment 49

  Article 14 – paragraph 1 – point a 241. (a) development plan for development (a) development plan for development (a) a plan for the development and C

  and updating of the reporting interface and updating of the reporting interface updating of the harmonised reporting GA text module foreseen within the following […] foreseen within the following 18 interfaces and the related harmonised 18 months; months; elements of the EMSWe foreseen within the following 18 months;

• 242. 

  Amendment 50

  Article 14 – paragraph 1 – point aa (new) Proposed compromise:

• 243. 

  (aa) development plans for developing C the voluntary common access point (aa) a plan for the development interface for the harmonised plans for developing of the reporting interfaces by … (date: 5 voluntary common addressing years after entry into force of this service access point interface Regulation); for the harmonised reporting interfaces by … (date: 5 years after entry into force of this

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

Regulation); 244. Amendment 51

Article 14 – paragraph 1 – point ab (new)

Proposed compromise: 245. (ab) consultation periods with all C

appropriate stakeholders including (ab) indicative dates for representatives from trade unions, consultation periods with all industry and experts from appropriate relevant government; stakeholders including representatives from trade unions, industry and experts from government;

• 246. 

  Amendment 52

  Article 14 – paragraph 1 – point b 247. (b) indicative deadlines for the (b) indicative deadlines for the (b) indicative deadlines for the C

  Members States for subsequent Members States for subsequent Members States for subsequent GA text integration of the reporting interface integration of the reporting interface integration of the harmonised module to the National Single […] to the National Single Windows; reporting interfaces to the National Windows; Single Windows;

• 248. 

  Amendment 53

  Article 14 – paragraph 1 – point ba (new) Proposed compromise:

• 249. 

  (ba) indicative deadlines for the C

  Commission´s development of a (ba) indicative deadlines for the common access point interface Commission's development of a following the implementation of the common addressing service harmonised reporting interfaces. access point interface following the implementation of the harmonised reporting interface module interfaces;

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 250. 

  Amendment 54

  Article 14 – paragraph 1 – point c 251. (c) testing periods for the Member (c) testing periods for the Member (c) testing periods for the Member C

  States and declarants to test their States and for voluntary declarants to States and declarants to test their Keep GA text connection with any new versions of test their connection with any new connection with any new versions of the interface module; versions of the interface(s); the harmonised reporting interfaces;

• 252. 

  Amendment 55

  Article 14 – paragraph 1 – point ca (new)

• 253. 

  (ca) testing periods for the common C access point interface as an added Proposed compromise: functionality of the harmonised

  reporting interfaces; (ca) testing periods for the common addressing service access point interface as an added functionality of the harmonised reporting

  interfaces; 254. (d) indicative phasing out deadlines for (d) indicative phasing out deadlines for C

  the older versions of the interface the older versions of the harmonised GA text module for the Member States and reporting interfaces for the Member declarants. States and declarants.

• 255. 

  Amendment 56

  Article 14 – paragraph 1 – point da (new)

• 256. 

  (da) alignment with customs systems, C taking into consideration EP prepared to withdraw developments within Customs Single amendment Window environment.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 257. 

  Chapter VI Chapter VI A

  Final provisions Final provisions 258. Article 15 Article 15 A

  Costs Costs 259. The general budget of the European The general budget of the European A

  Union shall cover the costs for: Union shall cover the costs for: 260. (a) the development and maintenance (a) the development and maintenance A

  of the ICT tools supporting the of the ICT tools supporting the Proposed compromise (related implementation of this Regulation at implementation of this Regulation at to EMSA funding): Union level; Union level; (a) the development and maintenance of the ICT tools by the Commission and EMSA supporting the implementation of this Regulation at Union level;

• 261. 

  Amendment 57 Revised proposed compromise: Article 15 – paragraph 1 – point b

• 262. 

  (b) the promotion of the EMSWe at (b) the promotion of the EMSWe at (b) the promotion of the EMSWe at C

  Union level and in relevant Union level and in relevant Union level […]. (b) the promotion of the EMSWe international organisations. international organisations, especially at Union level, including with by securing the long-term financing relevant stakeholders, and in for European Maritime Safety Agency relevant international and involving representatives from organisations. government and industry stakeholders in this system.

• 263. 

  Article 16 Article 16 A

  Cooperation with other trade and Cooperation with other trade and transport facilitation systems or transport facilitation systems or services services

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 264. 

  Where trade and transport facilitation Where trade and transport facilitation A systems or services have been created systems or services have been created

  by other Union legal acts, the by other Union legal acts, the Commission shall coordinate the Commission shall coordinate the activities related to those systems or activities related to those systems or services with the view to achieving services with the view to achieving synergies and avoiding duplication. synergies and avoiding duplication.

• 265. 

  Article 17 Article 17 A

  Review and report Review and report 266. 1. Member States shall ensure that 1. Member States shall monitor the C

  procedures are in place to collect data, application of the EMSWe, and […] Keep GA text including statistics, using, inter alia, report their findings to the surveys, on the functioning of the Commission. The report shall include EMSWe, and shall report their findings the following indicators: to the Commission. The report shall include the following indicators:

• 267. 

  (a) implementation of the harmonised (a) […] C dataset; Keep GA text

• 268. 

  (b) installation of the harmonised (b) use of the harmonised reporting C reporting gateway software; interface module; GA text

• 269. 

  (ba) use of the graphical user B interface; Keep GA text

• 270. 

  (c) use of other reporting systems as (c) use of other reporting means as B referred to in paragraphs 1 and 2 of referred to in […] Article 6. Keep GA text Article 6;

• 271. 

  (d) requests for other information as (d) […] C referred to in Article 4. Keep GA text

• 272. 

  2. Member States shall organise the Member States […] shall supply that B gathering and production of the data information to the Commission on an Keep GA text necessary to measure the change in the annual basis, based on a template to

  indicators described in paragraph 1, be provided by the Commission. and shall supply that information to the Commission on a bi-annual basis.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 273. 

  Amendment 58

  Article 17 – paragraph 3 274. By six years after the entry into force By six years after the entry into force By eight years after the entry into force C

  of this Regulation the Commission of this Regulation the Commission of this Regulation, the Commission shall review the application of this shall review the application of this shall review the application of this Keep GA text Regulation and submit to the European Regulation and submit to the European Regulation and submit to the European Parliament and the Council an Parliament and the Council an Parliament and the Council an assessment report on the functioning of assessment report on the functioning of assessment report on the functioning of the EMSWe on the basis of the data the EMSWe on the basis of the data the EMSWe on the basis of the data and statistics collected. The assessment and statistics collected. The assessment and statistics collected. The assessment report shall include, where necessary, report shall include, where necessary, report shall include, where necessary, an evaluation of emerging an evaluation of emerging an evaluation of emerging technologies, which could lead to technologies, which could lead to technologies, which could lead to changes to or replacement of the changes to or replacement of the changes to or replacement of the reporting interface module. reporting interface module with an EU harmonised reporting interface Access Point Interface (EU-API) able module. to relay data directly to the National Single Windows by the declarants for the fulfilment of reporting obligations.

• 275. 

  Article 18 Article 18 A

  Exercise of the delegation Exercise of the delegation 276. 1. The power to adopt delegated acts is 1. The power to adopt delegated acts is A

  conferred on the Commission subject conferred on the Commission subject to the conditions laid down in this to the conditions laid down in this Article. Article.

• 277. 

  2. The power to adopt delegated acts 2. The power to adopt delegated acts C referred to in Article 3 shall be referred to in Article 3 shall be

  conferred on the Commission for a conferred on the Commission for a Keep GA text period of five years from the entry into period of three years from the entry force of this Regulation. The into force of this Regulation. The Commission shall draw up a report in Commission shall draw up a report in respect of the delegation of power not respect of the delegation of power not

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) later than nine months before the end later than nine months before the end of the five-year period. The delegation of the three-year period. The of power shall be tacitly extended for delegation of power shall be tacitly periods of an identical duration, unless extended for periods of an identical the European Parliament or the duration, unless the European

Council opposes such extension not Parliament or the Council opposes later than three months before the end such extension not later than three of each period. months before the end of each period.

• 278. 

  3. The delegation of power referred to 3. The delegation of power referred to A in Article 3 may be revoked at any in Article 3 may be revoked at any

  time by the European Parliament or the time by the European Parliament or the Council. A decision to revoke shall put Council. A decision to revoke shall put an end to the delegation of the power an end to the delegation of the power specified in that decision. It shall take specified in that decision. It shall take effect the day following the publication effect the day following the publication of the decision in the Official Journal of the decision in the Official Journal of the European Union or at a later of the European Union or at a later date specified therein. It shall not date specified therein. It shall not affect the validity of any delegated acts affect the validity of any delegated acts already in force. already in force.

• 279. 

  Amendment 59

  Article 18 – paragraph 4 280. 4. Before adopting a delegated act, the 4. Before adopting a delegated act, the 4. Before adopting a delegated act, the B

  Commission shall consult national Commission shall consult national Commission shall consult national Legal services advise to keep experts nominated by the Member experts nominated by the Member experts nominated by the Member COM text. States in accordance with the States in accordance with the States in accordance with the Not in line with the IIA. principles laid down in the principles laid down in the principles laid down in the Keep GA text Interinstitutional Agreement on Better Interinstitutional Agreement on Better Interinstitutional Agreement on Better Law-Making of 13 April 2016. Law-Making of 13 April 2016 and Law-Making of 13 April 2016. relevant experts from the industry.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 281. 

  5. When adopting a delegated act, the 5. When adopting a delegated act, the A

  Commission shall notify it Commission shall notify it simultaneously to the European simultaneously to the European Parliament and to the Council. Parliament and to the Council.

• 282. 

  6. A delegated act adopted pursuant to 6. A delegated act adopted pursuant to A

  Articles 3 shall enter into force only if Articles 3 shall enter into force only if no objection has been expressed either no objection has been expressed either by the European Parliament or the by the European Parliament or the Council within two months of Council within two months of notification of that act to the European notification of that act to the European Parliament and the Council or if, Parliament and the Council or if, before the expiry of that period, the before the expiry of that period, the European Parliament and the Council European Parliament and the Council have both informed the Commission have both informed the Commission that they will not object. That period that they will not object. That period shall be extended by two months at the shall be extended by two months at the initiative of the European Parliament initiative of the European Parliament or of the Council. or of the Council.

• 283. 

  Article 19 Article 19 A

  Committee procedure Committee procedure 284. Amendment 60

  Article 19 – paragraph 1 285. 1. The Commission shall be assisted by 1. The Commission shall be assisted by 1. The Commission shall be assisted by B

  the Digital Transport and Trade the Digital Transport and Trade the Digital Transport and Trade Legal services advise to keep Facilitation Committee. That Facilitation Committee. That Facilitation Committee. That COM text. Committee shall be a committee within Committee shall be a committee within Committee shall be a committee within the meaning of Regulation (EU) No the meaning of Regulation (EU) No the meaning of Regulation (EU) No Keep GA text 182/2011 * . 182/2011 * and shall also involve 182/2011 * . ______________ relevant experts from the industry. ______________ * OJ L 55, 28.2.2011, p. 13. ___________ * OJ L 55, 28.2.2011, p. 13. * OJ L 55, 28.2.2011, p. 13.

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Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 286. 

  2. Where reference is made to this 2. Where reference is made to this A paragraph, Article 4 of Regulation paragraph, Article 4 of Regulation

  (EU) No 182/2011 shall apply. (EU) No 182/2011 shall apply. 287. 3. Where reference is made to this 3. Where reference is made to this A

  paragraph, Article 5 of Regulation paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (EU) No 182/2011 shall apply.

• 288. 

  Article 20 Article 20 A

  Repeal of Directive 2010/65/EU Repeal of Directive 2010/65/EU 289. Directive 2010/65/EU shall be Directive 2010/65/EU shall be A

  repealed from the date of application repealed from the date of application of this Regulation. of this Regulation.

• 290. 

  References to Directive 2010/65/EU References to Directive 2010/65/EU A shall be construed as references to this shall be construed as references to this

  Regulation. Regulation. 291. Article 21 Article 21 A

  Entry into force Entry into force 292. 1. This Regulation shall enter into 1. This Regulation shall enter into A

  force on the twentieth day following force on the twentieth day following that of its publication in the Official that of its publication in the Official Journal of the European Union. Journal of the European Union.

• 293. 

  Amendment 61

  Article 21 – paragraph 2 294. 2. It shall apply from [OP- insert four 2. It shall apply from [OP- insert four 2. It shall apply from [OP- insert six C

  years after entry into force of this years after entry into force of this years after entry into force of this Legal services advise against Regulation]. Regulation] or one year after the Regulation]. reference to DA and IA as adoption of all the delegated and condition for application. implementing acts planned in the Regulation, whichever date is the Keep GA text latest.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 295. 

  Amendment 62

  Article 21 – paragraph 3 296. 3. The functionalities referred to in 3. The functionalities referred to in 3. The functionalities referred to in C

  point (d) of Article 7(2) and those point (d) of Article 7(2) and those Article 8b(2) and those related to the Keep GA text related to the customs formalities related to the customs formalities customs reporting obligations specified in point 7 of Part A of the specified in point 7 of Part A of the specified in point 7 of Part A of the Annex shall become effective when the Annex shall become effective after Annex shall become effective when the electronic systems referred to in evaluation and proof of full electronic systems referred to in Article 6(1) of Regulation (EU) No functionality of EMSWe and Article 6(1) of Regulation (EU) No 952/2013 which are necessary for the implementation and interoperation of 952/2013 which are necessary for the application of those formalities are all other data elements of EMSWe application of those reporting operational, in accordance with the data set between National Single obligations are operational, in work programme established by the Windows of participating Member accordance with the work programme Commission pursuant to Articles 280 States and when the electronic systems established by the Commission and 281 of Regulation (EU) No referred to in Article 6(1) of pursuant to Articles 280 and 281 of 952/2013. Regulation (EU) No 952/2013 which Regulation (EU) No 952/2013. are necessary for the application of those formalities are operational, in accordance with the work programme established by the Commission pursuant to Articles 280 and 281 of Regulation (EU) No 952/2013.

• 297. 

  This Regulation shall be binding in its This Regulation shall be binding in its A entirety and directly applicable in all entirety and directly applicable in all

  Member States. Member States.

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 298. 

  ANNEX

• 299. 

  EMSWe Data set Reporting obligations B

  Keep GA text 300. A. Reporting obligations resulting A. Reporting obligations stemming B

  from legal acts of the Union from legal acts of the Union Keep GA text 301. This category of reporting obligations This category of reporting obligations A

  includes the information which is to be includes the information which is to be provided in accordance with the provided in accordance with the following provisions: following provisions:

• 302. 

  1. Notification for ships arriving in and 1. Notification for ships arriving in and A departing from ports of the departing from ports of the

  Member States Member States 303. Article 4 of Directive 2002/59/EC of Article 4 of Directive 2002/59/EC of A

  the European Parliament and of the European Parliament and of the Council of 27 June 2002 the Council of 27 June 2002 establishing a Community vessel establishing a Community vessel traffic monitoring and information traffic monitoring and information system (OJ L 208, 5.8.2002, p.10). system (OJ L 208, 5.8.2002, p.10).

• 304. 

  2. Border checks on persons 2. Border checks on persons A

• 305. 

  Article 7 of Regulation (EC) Article 8 of Regulation (EU) 2016/399 B

  No 562/2006 of the of the European Parliament and of Keep GA text European Parliament and of the Council of 9 March 2016 on a the Council of 15 March 2006 Union Code on the rules governing establishing a Community Code on the the movement of persons across rules governing the movement of borders (Schengen Borders Code) (OJ persons across borders (Schengen L 77, 23.3.2016, p. 1). Borders Code) (OJ L 105, 13.4.2006, p.1).

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 306. 

  3. Notification of dangerous or 3. Notification of dangerous or A polluting goods carried on board polluting goods carried on board

• 307. 

  Article 13 of Directive 2002/59/EC of Article 13 of Directive 2002/59/EC of A the European Parliament and of the the European Parliament and of the

  Council of 27 June 2002 establishing a Council of 27 June 2002 establishing a Community vessel traffic monitoring Community vessel traffic monitoring and information system (OJ L 208, and information system (OJ L 208, 5.8.2002, p.10). 5.8.2002, p.10).

• 308. 

  4. Notification of waste and residues 4. Notification of waste and residues A

• 309. 

  Article 6 of Directive 2000/59/EC of Article 6 of Directive 2000/59/EC of A the European Parliament and of the the European Parliament and of the

  Council of 27 November 2000 on port Council of 27 November 2000 on port reception facilities for ship-generated reception facilities for ship-generated waste and cargo residues (OJ L 332, waste and cargo residues (OJ L 332, 28.12.2000, p.81). 28.12.2000, p. 81).

• 310. 

  [New proposal repealing 2000/59/EC: [New proposal repealing 2000/59/EC: A

• 311. 

  4. Notification of waste from ships, 4. Notification of waste from ships, A including residues including residues

• 312. 

  Articles 6 and 7 of Directive Articles 6 and 7 of Directive A

  201X/XX/EU of the European 201X/XX/EU of the European Parliament and the Council] Parliament and the Council]

• 313. 

  5. Notification of security information 5. Notification of security information A

• 314. 

  Article 6 of Regulation (EC) No Article 6 of Regulation (EC) No A

  725/2004 of the European Parliament 725/2004 of the European Parliament and of the Council of 31 March 2004 and of the Council of 31 March 2004 on enhancing ship and port facility on enhancing ship and port facility security (OJ L 129, 29.4.2004, p.6). security (OJ L 129, 29.4.2004, p. 6).

• 315. 

  Until the adoption of a harmonised […] The form set out in the Appendix B form at international level, the form set to this Annex shall be used for Keep GA text out in the Appendix to this Annex shall identifying the data elements required

  be used for identifying the information under Article 6 of Regulation (EC) required under Article 6 of Regulation No 725/2004. […] (EC) No 725/2004. The form can be

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1) transmitted electronically.

• 316. 

  6. Information on persons on board 6. Information on persons on board A

• 317. 

  Articles 4(2) and 5(2) of Council Articles 4(2) and 5(2) of Council A

  Directive 98/41/EC of 18 June 1998 on Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on the registration of persons sailing on board passenger ships operating to or board passenger ships operating to or from ports of the Member States of the from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. Community (OJ L 188, 2.7.1998, p. 35). 35).

• 318. 

  7. Customs formalities 7. Customs formalities A

• 319. 

  (a) Arrival formalities: (a) Arrival formalities: A

• 320. 

  - Notification of arrival (Article 133 of - Notification of arrival (Article 133 of A

  Regulation (EU) No 952/2013 * ); Regulation (EU) No 952/2013 * ); __________ __________ * Regulation (EU) No 952/2013 of the * Regulation (EU) No 952/2013 of the European Parliament and of the European Parliament and of the Council of 9 October laying down the Council of 9 October laying down the Union Customs Code (OJ L 269, Union Customs Code (OJ L 269, 10.10.2013, p.1). 10.10.2013, p.1).

• 321. 

  - Presentation of goods to customs - Presentation of goods to customs A

  (Article 139 of Regulation (EU) No (Article 139 of Regulation (EU) No 952/2013); 952/2013);

• 322. 

  - Temporary storage declaration of - Temporary storage declaration of A goods (Article 145 of Regulation (EU) goods (Article 145 of Regulation (EU)

  No 952/2013); No 952/2013); 323. - Customs status of goods (Articles - Customs status of goods (Articles A

  153 to 155 of Regulation (EU) No 153 to 155 of Regulation (EU) No 952/2013; 952/2013;

• 324. 

  - Electronic transport documents used - Electronic transport documents used A for transit (Article 233(4)(e) of for transit (Article 233(4)(e) of

  Regulation (EU) No 952/2013). Regulation (EU) No 952/2013).

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Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 325. 

  (b) Departure formalities: (b) Departure formalities: A

• 326. 

  - Customs status of goods (Articles - Customs status of goods (Articles A

  153 to 155 of Regulation (EU) No 153 to 155 of Regulation (EU) 952/2013); No 952/2013);

• 327. 

  - Electronic transport documents used - Electronic transport documents used A for transit (Article 233(4)(e) of for transit (Article 233(4)(e) of

  Regulation (EU) No 952/2013); Regulation (EU) No 952/2013); 328. - Exit notification (Article 269(2) of - Exit notification (Article 269(2) of A

  Regulation (EU) 952/2013); Regulation (EU) 952/2013); Proposed correction: - Exit notification (Article 276 of Regulation (EU) 952/2013);

• 329. 

  - Exit summary declaration (Articles - Exit summary declaration (Articles A

  271 and 272 of Regulation (EU) No 271 and 272 of Regulation (EU) 952/2013); No 952/2013);

• 330. 

  - Re-export notification (Articles 274 - Re-export notification (Articles 274 A and 275 of Regulation (EU) No and 275 of Regulation (EU)

  952/2013); No 952/2013); 331. 8. Safe loading and unloading of bulk 8. Safe loading and unloading of bulk A

  carriers carriers 332. Articles 7 and 8 of Directive Article 7 […] of Directive 2001/96/EC B

  2001/96/EC of the European of the European Parliament and of the Keep GA text Parliament and of the Council of 4 Council of 4 December 2001 December 2001 establishing establishing harmonised requirements harmonised requirements and and procedures for the safe loading and procedures for the safe loading and unloading of bulk carriers; unloading of bulk carriers;

• 333. 

  9. Port State Control 9. Port State control A

• 334. 

  Article 9 of Directive 2009/16/EC of Article 9 and Article 24(2) of B the European Parliament and of the Directive 2009/16/EC of the European Keep GA text Council of 23 April 2009 on port State Parliament and of the Council of 23

  control. April 2009 on port State control.

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• 335. 

  10. Maritime Transport statistics 10. Maritime transport statistics A

• 336. 

  Article 5 of the Directive 2009/42/EC Article 3 of the Directive 2009/42/EC B of the European Parliament and of the of the European Parliament and of the Keep GA text Council on statistical returns in respect Council on statistical returns in respect

  of carriage of goods and passengers by of carriage of goods and passengers by sea. sea.

• 337. 

  B. FAL forms and obligations resulting B. FAL documents and reporting B from international legal instruments obligations stemming from Keep GA text international legal instruments

• 338. 

  This category of reporting obligations This category of reporting obligations A includes the information which is to be includes the information which is to be

  provided in accordance with the FAL provided in accordance with the FAL Convention and other relevant Convention and other relevant international legal instruments. international legal instruments.

• 339. 

  1. FAL form 1: General Declaration 1. FAL […] 1: General Declaration B

  Keep GA text 340. 2. FAL form 2: Cargo Declaration 2. FAL […] 2: Cargo Declaration B

  Keep GA text 341. 3. FAL form 3: Ship’s Stores 3. FAL […] 3: Ship’s Stores B

  Declaration Declaration Keep GA text 342. 4. FAL form 4: Crew’s Effects 4. FAL […] 4: Crew’s Effects B

  Declaration Declaration Keep GA text 343. 5. FAL form 5: Crew List 5. FAL […] 5: Crew List B

  Keep GA text 344. 6. FAL form 6: Passenger List 6. FAL […] 6: Passenger List B

  Keep GA text 345. 7. FAL form 7: Dangerous Goods 7. FAL […] 7: Dangerous Goods B

  Keep GA text 346. 8. Maritime Declaration of Health 8. Maritime Declaration of Health A

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Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 347. 

  C. National legal provisions C. Reporting obligations stemming B from national legislation and Keep GA text requirements

• 348. 

  This category of reporting obligations […] B includes data elements in the following Keep GA text categories:

• 349. 

  1. Maritime transport 1. […] B

  Keep GA text 350. 2. Maritime transport safety 2. […] B

  Keep GA text 351. 3. Environment 3. […] B

  Keep GA text 352. 4. Border control 4. […] B

  Keep GA text 353. 5. Security 5. […] B

  Keep GA text 354. 6. Customs 6. […] B

  Keep GA text 355. 7. Health 7. […] B

  Keep GA text 356. 8. Military 8. […] B

  Keep GA text 357. 9. Port services 9. […] B

  Keep GA text 358. 10. Statistics 10. […] B

  Keep GA text 359. 11. Fiscal information 11. […] B

  Keep GA text

ANNEX TREE.2.A EN

Commission proposal EP amendments – 1 st reading Council general approach Presidency remarks/proposals (doc. 9051/18 + ADD 1) (doc. 14587/1/18 REV 1)

• 360. 

  APPENDIX APPENDIX B

  Keep appendix as is.

ANNEX TREE.2.A EN