Traduction de «risk arising from force majeure » (Anglais → Français) :

The Commission shall adopt a decision on whether force majeure has been demonstrated. In the event that the Commission decides that force majeure has been demonstrated, it shall determine what adjustment shall be made to the Member State’s gross final consumption of energy from renewable sources for the year 2020.

It should be pointed out that the investment costs and the costs of operating the Galileo and EGNOS systems as currently estimated for the period 2007-2013 do not take account of unforeseen financial obligations which the Community may be obliged to bear, in particular those relating to non-contractual liability arising from the public ownership of the systems, especially with regard to force majeure and catastrophic failure.

(21k) It should be pointed out that the investment costs and the costs of operating the Galileo and EGNOS systems currently estimated for 2007-13 do not take account of unforeseen financial obligations which the European Community may be obliged to bear, in particular those relating to non-contractual liability arising from the public ownership of the systems, in particular with regard to force majeur and catastrophic failure.

20. Takes the view that payment service providers should be responsible for the accurate execution of instructions from customers, in accordance with the national laws of the Member States, and should bear the burden of proof once the instruction enters their domain; rejects any extension of strict liability; is of the opinion, however, that within the legal relationship with customers as regards errors of selection, the liability of service providers should also extend to the selection of other intermediary firms and technical facilities used; suggests that, by way of self-regulation, banking associations, payment network operators a ...[+++]nd traders should adopt a procedure for settling questions of internal liability promptly; takes the view that the appraisal of liability, where a question of consequential damage or force majeure arises, should be left to national courts;

In conclusion, I have no option but to reject the final amendment, No 16, as well, as this amendment would make possible derogations from the regulation that would be impossible to monitor, the things termed ‘force majeure’ or ‘risk to the safety of vessels’ being concepts lacking any definition in law. Of course safety has to be guaranteed – there can be no question whatever about that.

A number of Member States have implemented the definition of "force majeure" in a manner that clearly diverges from the text of the Directive , namely "abnormal and unforeseeable circumstances beyond the control of the person pledging force majeure, the consequences of which would have been unavoidable despite all efforts to the contrary".