Italy
By using the Official ENC Data as a base, and by transferring to the manufacturer the responsibility of complying with the relevant standards, which require among other things that the integrity of the Official ENC Data be guaranteed, it is thus quite clear that:
If the final product contains an error because it faithfully reports an error contained in the Official ENC Data, then liability resides with the Hydrographic Office;
If the final product contains an error that was not contained in the Official ENC Data, then liability resides with the manufacturer.
The Italian proposal should be seen as an extension of the options to deliver Official ENC to the end-users.
The proposed regulation provides Governments with broad discretionary authority in this area, including the engagement of commercial assistance in order to meet their charting obligations. Coastal States have the right to "approve" any charts in their waters and to determine the certifying procedures.
Italy supports the proposal.
Japan
The compilation of an ENC is very different to aeronautical maps.
Two important processes, data verification through data processing and data collection for updating could be minimised in the interests of cost saving by commercial producers of "approved" charts, thereby possibly, reducing the quality of the chart. Supports the views of France
Japan does not support the proposal.
Monaco
Monaco does not support the Italian Proposal.
Norway
"Approved" charts would increase the complexities of liability and responsibility. Commercial companies do not have the capability of acting on the same level of responsibility. The dissemination of information must be made through strictly controlled channels otherwise it may not enhance safety of navigation but increase the risks.
Norwegian Hydrographic Service has a long association with commercial enterprises and will continue to do so on the understanding that the NHS retains responsibility for the characteristics of the product and any legal responsibility attached.
Norway does not support the proposal.
