BETA

1252 Amendments of Birgit COLLIN-LANGEN

Amendment 21 #

2018/2046(BUD)

Draft opinion
Paragraph 6 d (new)
6 d. Reminds the Commission, in the context of the entry into application on 3 December 2018 of the Regulation(EU) 2018/302 on addressing unjustified geo- blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, of its commitment to perform by March2020 a substantive analysis of the feasibility of extending the scope of the regulation to fully cover copyright- protected electronically supplied services, including audio-visual services, in the full scope of this regulation and therefore calls for adequate funding allocation for this purpose already in 2019;
2018/06/27
Committee: IMCO
Amendment 28 #

2018/2046(BUD)

Draft opinion
Paragraph 9
9. Asks for the financing of all the pilot projects endorsed by IMCO and in particular the ones on “Monitoring of possible unfair consumer profiling and price adjustment by airlines” (that investigates whether airlines practise the so-called “consumer profiling” in order to adjust the flight fares), on “Application of web accessibility requirements in web- authoring tools and platforms by default” (that encourages and supports the adoption of the relevant accessibility requirements of the European Standard EN 301 549 v1.1.2 by awarding grants to firms), and on “Assessing alleged differences in the quality of products sold on the Single Market” (that develops further relevant consumer and market-related research on alleged dual quality of food products on the Single Market).
2018/06/27
Committee: IMCO
Amendment 29 #

2018/2046(BUD)

Draft opinion
Paragraph 9 a (new)
9 a. In regard to the pilot project on "Assessing alleged differences in the quality of products sold on the Single Market", calls on the Commission to ascertain that Members of the Internal Market and Consumer Protection Committee are closely involved in the planning and oversight of all activities related to this pilot project and reiterates that the role of MEPs should be prominent in informing the general public about results of the final report;
2018/06/27
Committee: IMCO
Amendment 2 #

2018/2008(INI)

Motion for a resolution
Citation 22 a (new)
– having regard to the various surveys, studies and tests carried out in the last years by the Food Inspection Authorities in many Member States in Central and Eastern Europe,
2018/04/18
Committee: IMCO
Amendment 9 #

2018/2008(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas all EU citizens deserve equal treatment in regard to food and non-food products sold on the Single Market;
2018/04/18
Committee: IMCO
Amendment 10 #

2018/2008(INI)

Motion for a resolution
Recital C
C. whereas the assessment of whether a commercial practice is unfair under the UCPD must be performed on a case-by- case basis by Member States, except in the case of the practices listed in Annex I to the UCPD;
2018/04/18
Committee: IMCO
Amendment 39 #

2018/2008(INI)

Motion for a resolution
Paragraph 4
4. Welcomes, therefore, the recent initiatives announced by the Commission to address this issue, in particular its commitment to delivering a common testing methodology and allocating a budget for its preparation and enforcement and for collection of further evidence; calls for the Commission to coordinate national competent authorities in applying the common testing methodology developed by the JRC in order to ensure a unified interpretation of the methodology by the Member States. Calls on the Commission to come up with a clear mechanisms on how to deal with the cases of the dual quality and propose a suitable structure and process on how Member States together with businesses should tackle the potential dual quality of products;
2018/04/18
Committee: IMCO
Amendment 55 #

2018/2008(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the adoption by Parliament of a pilot project for 2018 that will involve a series of market investigations into several categories of consumer products to assess different aspects of dual quality; expects the project to be launched, conducted and published in time, as initially planned;
2018/04/18
Committee: IMCO
Amendment 59 #

2018/2008(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Encourages the Parliament, Commission and Member States to make use of all available tools, including pilot and national projects to further asses different aspects of dual quality of foods;
2018/04/18
Committee: IMCO
Amendment 63 #

2018/2008(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Points out that the safety and quality of food, as well as protection of consumers from being misled, are matters of the highest priority;
2018/04/18
Committee: IMCO
Amendment 65 #

2018/2008(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Notes that, despite numerous requests, the testing and analysis methods used by national authorities to study dual quality of products, particularly foodstuffs, have so far not been communicated to the national authorities of other Member States;
2018/04/18
Committee: IMCO
Amendment 75 #

2018/2008(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses that the Commission Notice of 29 September 2017 entitled ‘The application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food (2017/C 237/01)’ refers to the relevant EU legal provisions and the provisions of the Consumer Protection Cooperation Regulation (Regulation (EU) No 2006/2004) concerning cooperation between authorities and its direction and use;
2018/04/18
Committee: IMCO
Amendment 76 #

2018/2008(INI)

Motion for a resolution
Paragraph 9
9. Agrees with the Commission that in the single market, where consumers have a general understanding of the principles of free circulation and equal access to goods, consumers do not, a priori, expect branded products sold in different countries to differ from each other; also agrees with the Commission that the food and drink operators do not necessarily have to offer identical products across the different geographical areas;
2018/04/18
Committee: IMCO
Amendment 83 #

2018/2008(INI)

Motion for a resolution
Paragraph 10
10. Considers that the Notice is perceived as primarily intended for foodstuffs; believes that provisions on the application of consumer protection law should be applied to all food and non- food products in general;
2018/04/18
Committee: IMCO
Amendment 87 #

2018/2008(INI)

Motion for a resolution
Paragraph 12
12. Notes that there may be different requirements for the control methods of the national competent authorities; considers that the aim of the work to develop a and they should therefore use the methodology ldeveloped by the Commission´s Joint Research Centere should be clearly stated so as to prevent conflicting interpretations;
2018/04/18
Committee: IMCO
Amendment 90 #

2018/2008(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Welcomes the Commission’s decision to instruct the Joint Research Centre to devise a common test method and carry out uniform tests throughout the EU in accordance with agreed standards, in order to assess how justified the accusations are;
2018/04/18
Committee: IMCO
Amendment 91 #

2018/2008(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls, in connection with the test procedures to be developed by the Commission's Joint Research Centre, for manufacturers to be given the opportunity to deliver opinions before the results are published;
2018/04/18
Committee: IMCO
Amendment 97 #

2018/2008(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Reminds the European Commission of its commitment to better monitoring and enhancing the correct application of EU legislation;
2018/04/18
Committee: IMCO
Amendment 104 #

2018/2008(INI)

Motion for a resolution
Paragraph 15
15. Is concerned about restrictions placed on traders when it comes to purchasing goods that may have a negative effect onin consequence limit consumer choice; urges the Commission to identify factors that contribute to a fragmentation of the single market in goods, in particular territorial supply constraints and their implications;
2018/04/18
Committee: IMCO
Amendment 106 #

2018/2008(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Invites the European Commission, where appropriate, to make use of competition law to tackle contractual and non-contractual practices that illegitimately restrict consumers’ ability to benefit fully from the Single Market;
2018/04/18
Committee: IMCO
Amendment 109 #

2018/2008(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Encourages the Commission to monitor and act in cases, which constitute market failure cases in the Single Market;
2018/04/18
Committee: IMCO
Amendment 115 #

2018/2008(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Observes that, in the case of consumer products such as food, one and the same brand may be subject to altered recipes and flavour profiles on account of the desiderata imposed by local markets within the European Union; relevant local conditions range, inter alia, from taking account of national legislation (e.g. taxes, national customs with regard to the composition of a food) to disparate local consumer tastes (e.g. with reference to spiciness) regarding the use of local ingredients or production facilities, compliance with reformulation objectives or local price levels; such differentiations do not result in different qualities and are perfectly legitimate, provided that they are not misleading and accord with product information and statements made in advertising;
2018/04/18
Committee: IMCO
Amendment 124 #

2018/2008(INI)

Motion for a resolution
Paragraph 17
17. Emphasises the value of broad and timely public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition;
2018/04/18
Committee: IMCO
Amendment 132 #

2018/2008(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls for the increased support of national consumer organisations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
2018/04/18
Committee: IMCO
Amendment 136 #

2018/2008(INI)

Motion for a resolution
Paragraph 18
18. Invites consumer organisations to play an more active role in the public debate and in informing consumers and serve as a first point of contact for the consumers to ensure their rights on the Single Market; calls on the Member States to uphold the functioning of the consumer organizations by strengthening their role to fulfil their tasks in consumer protection;
2018/04/18
Committee: IMCO
Amendment 145 #

2018/2008(INI)

Motion for a resolution
Paragraph 19
19. Believes that in the light of previous experiences of competent authorities thus far suggest that they have beenwere unable individually to tackle effectively any specific cases of dual quality at national level; calls on Member States to better enforce the Unfair Commercial Practices Directive in order to better ensure that consumers are informed about food products when making a purchasing decision and are not misled by unfair marketing practices; stresses that the Member States shall ensure that the competent national authorities possess adequate technical, financial and human capacities in order to ensure effective enforcement;
2018/04/18
Committee: IMCO
Amendment 153 #

2018/2008(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that any action taken against business operators by enforcement authorities must be proportionate and non-discriminatory;
2018/04/18
Committee: IMCO
Amendment 159 #

2018/2008(INI)

Motion for a resolution
Paragraph 20
20. Draws attention to the fact that the issue of alleged dual quality is directly related to the essence of the functioning of the single market and consumer trust and therefore requires a solution at Union level, preferably via directly enforceable measures; is convinced that given the possibility of action at national level, Union-level action would safeguard the integrity of the single market;
2018/04/18
Committee: IMCO
Amendment 161 #

2018/2008(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Welcomes the European Commission’s efforts to assist national enforcement authorities in identifying unfair commercial practices in the marketing of food products on the basis of the EU harmonised methodology being developed by the Joint Research Center of the European Commission as this issue is directly related to the essence of the functioning of the Single Market and consumer trust;
2018/04/18
Committee: IMCO
Amendment 170 #

2018/2008(INI)

Motion for a resolution
Paragraph 21
21. Recalls that Annex I to the UCPD was drawn up to enable the identification of certain unfair practices and the provision of a more immediate response; agrees with the Commission that listing a pracreferring to the Article in Annex I6 of the UCPD when dealing with cases of dual quality leads to greater legal certainty;
2018/04/18
Committee: IMCO
Amendment 175 #

2018/2008(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission, therefore, to amend Annex I to the UCPD by introducing another item onto the ‘blacklist’;deleted
2018/04/18
Committee: IMCO
Amendment 180 #

2018/2008(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Welcomes the Commission´s New Deal for Consumers presented by the European Commission on 11 April 2018 which will tackle dual quality of consumer products by updating the Unfair Commercial Practices Directive in order to make explicit that national authorities can assess and address misleading commercial practices involving the marketing products as being identical in several EU countries, if their composition or characteristics are significantly different;
2018/04/18
Committee: IMCO
Amendment 187 #

2018/2008(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Considers that the competent national authorities ought to monitor compliance with the applicable law on food effectively;
2018/04/18
Committee: IMCO
Amendment 192 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Stresses that EU law on fair business practices (Directive 2005/29/EC on unfair commercial practices (UCPD) ) and the numerous harmonised provisions on food labelling provide an appropriate legal basis for combating practices designed to mislead consumers (Regulation (EU) No 1169/2011 on the provision of food information to consumers);
2018/04/18
Committee: IMCO
Amendment 193 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Rejects attempts to standardise the taste and recipes of food throughout the EU or to prescribe to manufacturers the exact composition of the various products, as a result of which they can no longer respond to the wishes of consumers on their local markets;
2018/04/18
Committee: IMCO
Amendment 194 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Calls on the Commission to provide a legally secure definition of the concept of an ‘EU reference product';
2018/04/18
Committee: IMCO
Amendment 196 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 e (new)
24e. Is opposed to the creation of an agency or a specialised unit to monitor the consistency, the composition and the proportional use of ingredients in identical branded products and packaged foodstuffs, since the existing legal and monitoring structures are sufficient;
2018/04/18
Committee: IMCO
Amendment 197 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 f (new)
24f. Calls for the work to develop a methodology, led by the Commission's Joint Research Centre, to result in clear formulations, in order to avoid contradictory interpretations by the competent national authorities;
2018/04/18
Committee: IMCO
Amendment 198 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 g (new)
24g. Calls on the Commission, after EU-wide tests have been conducted in accordance with the standards developed by the Commission’s Joint Research Centre, to publish the results in a report and if necessary to draw conclusions;
2018/04/18
Committee: IMCO
Amendment 199 #

2018/2008(INI)

Motion for a resolution
Paragraph 24 h (new)
24h. Points out that the results of EU- wide testing in accordance with the common testing methodology developed by the Commission's Joint Research Centre will enable Member States to provide their people with objective and factual information;
2018/04/18
Committee: IMCO
Amendment 90 #

2018/0172(COD)

Proposal for a directive
Recital 7 a (new)
(7 a) This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.
2018/09/05
Committee: ENVI
Amendment 122 #

2018/0172(COD)

Proposal for a directive
Recital 11
(11) For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single- use plastic products is expected to increase. To reverse that trend and promote efforts towards more sustainable solutions Member States should be required to take the necessary measures to achieve a significant reduction in the consumption of those products, without prejudice to Article 18 of Directive 94/62/EC, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44 . When considering a measure having restrictive effects on intra-Union trade, Member States should be able to demonstrate that the measure in question is adequate to attain the objective of reducing a significant reduction in the consumption of those products, does not go beyond what is necessary to attain that objective and does not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling and without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their life cycle inclusive the marine environment and the waste hierarchy. Member States should encourage reusable cutlery, plates and cups in establishments where food or drinks are provided for consumption in the store or on the spot, including but not limited to restaurants, fast food stores, cafés and food trucks. __________________ 44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labelling (OJ L 338, 13.11.2004, p.4-17).
2018/09/05
Committee: ENVI
Amendment 130 #

2018/0172(COD)

Proposal for a directive
Recital 11 a (new)
(11 a) Member States should be required, in accordance with Directive 94/62/EC, to notify the Commission of any drafted measure related to packaging before adopting it, in order to verify whether it may create barriers to the functioning of the internal market.
2018/09/05
Committee: ENVI
Amendment 175 #

2018/0172(COD)

Proposal for a directive
Recital 16
(16) The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by a collection target and further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling. __________________ 46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
2018/09/05
Committee: ENVI
Amendment 183 #

2018/0172(COD)

Proposal for a directive
Recital 18
(18) In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures, including education campaigns at schools, ensuring that such information is given to the consumers to incentivise them to change their behaviour and to participate more actively in litter prevention. This information should include the impact of inappropriate waste disposal on the sewer network. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. The fight against litter should be a shared effort between competent authorities, producers and consumers. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.
2018/09/05
Committee: ENVI
Amendment 204 #

2018/0172(COD)

Proposal for a directive
Recital 21
(21) As the Court of Justice has held on numerous occasions, it would be incompatible with the binding effect, which the third paragraph of Article 288 of the Treaty ascribes to a Directive, to exclude, in principle, the possibility of an obligation imposed by a Directive from being relied on by persons concerned. That consideration applies particularly in respect of a Directive, which has amongst its objectives the protection of the environment from the adverse effects of marine litter. Therefore, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment, which is adequate for personal health and well-being. In addition, where a large number of persons are in a 'mass harm situation', due to the same illegal practices relating to the violation of rights granted by this Directive, they should have the possibility to use collective redress mechanisms, where such mechanisms have been established by Member States in line with Commission Recommendation 2013/396/EU47 . __________________ 47 Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (OJ L 201, 26.7.2013, p. 60).
2018/09/05
Committee: ENVI
Amendment 209 #

2018/0172(COD)

Proposal for a directive
Recital 22
(22) Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648 , the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas. __________________ 48 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
2018/09/05
Committee: ENVI
Amendment 292 #

2018/0172(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures, without prejudice to Article 18 of Directive 94/62/EC, to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive].
2018/09/05
Committee: ENVI
Amendment 306 #

2018/0172(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single- use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures shall be proportionate and non-discriminatory and may vary depending on the environmental impact of the products referred to in the first subparagraph.
2018/09/05
Committee: ENVI
Amendment 309 #

2018/0172(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Member States shall notify the Commission, in accordance with Article 16 of Directive 94/62/EC, of any draft measures that they plan to adopt pursuant to the first subparagraph to permit the Commission to examine it in light of the functioning of the internal market.
2018/09/05
Committee: ENVI
Amendment 348 #

2018/0172(COD)

Proposal for a directive
Article 6 – paragraph 3
3. TBy [3 months after entering into force of this directive] the Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1.
2018/09/05
Committee: ENVI
Amendment 362 #

2018/0172(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that each sales packaging of the single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:
2018/09/05
Committee: ENVI
Amendment 376 #

2018/0172(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the negative environmental impacts of littering or other inappropriate waste disposal of the products, or
2018/09/05
Committee: ENVI
Amendment 382 #

2018/0172(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c
(c) the presence of plastics in the product., and
2018/09/05
Committee: ENVI
Amendment 390 #

2018/0172(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
(c a) the recyclability of a product.
2018/09/05
Committee: ENVI
Amendment 394 #

2018/0172(COD)

Proposal for a directive
Article 7 – paragraph 2
2. The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 and in doing so shall take account of sectoral voluntary agreements and shall not mislead the consumer. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2018/09/05
Committee: ENVI
Amendment 420 #

2018/0172(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
For single-use plastic products that are packaging, the requirements laid down in this paragraph supplementare without prejudice to the requirements regarding extended producer responsibility schemes laid down in Directive 94/62/EEC and Directive 2008/98/EC.
2018/09/05
Committee: ENVI
Amendment 424 #

2018/0172(COD)

Proposal for a directive
Article 8 – paragraph 3
3. Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC. Member States shall ensure on that basis that a minimum collection rate of fishing gear containing plastic is achieved annually. From 2025 the minimum collection rate shall be 35 % calculated on the basis of the total weight of fishing gear collected in a given year in the Member State concerned, expressed as a percentage of the average weight of fishing gear placed on the market in the three preceding years in that Member State.
2018/09/05
Committee: ENVI
Amendment 460 #

2018/0172(COD)

Proposal for a directive
Article 10 – paragraph 1 – point a
(a) the available of reusable alternatives, re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
2018/09/05
Committee: ENVI
Amendment 514 #

2018/0172(COD)

Proposal for a directive
Article 15 – paragraph 3 – point c
(c) sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine wh based on solid field testing in real marine life conditions and where the biodegradation of the plastich products no longer need to be subject to the restrictions on placing on the market, where appropriate results in carbon dioxide (CO2), biomass and water that is fully re- integrated into the natural carbon and nitrogen cycles without damaging ecosystem balances.
2018/09/05
Committee: ENVI
Amendment 525 #

2018/0172(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[32 years after the entry into force of this Directivee standard referred to in Article 6(3)].
2018/09/05
Committee: ENVI
Amendment 595 #

2018/0172(COD)

Proposal for a directive
Annex I – part B – indent 6
— Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, includingexcept the mechanisms of such sticks
2018/09/05
Committee: ENVI
Amendment 640 #

2018/0172(COD)

Proposal for a directive
Annex I – part D – indent 3 a (new)
- Tobacco products with filters and filters marketed for use in combination with tobacco products
2018/09/05
Committee: ENVI
Amendment 682 #

2018/0172(COD)

Proposal for a directive
Annex I – part F – indent 1
— Beverage bottles, including its cap and lid
2018/09/05
Committee: ENVI
Amendment 115 #

2018/0169(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum requirements for water reuse (Text with EEA relevance)
2018/11/06
Committee: ENVI
Amendment 117 #

2018/0169(COD)

Proposal for a regulation
Recital 1
(1) The water resources of the Union are increasingly coming under pressure, leading to water scarcity and quality deterioration. In particular, climate change and droughtNumerous challenges are contributing significantly to the strain on the availability of freshwater, arising from urban development and agriculture. Climate change is particularly contributing to the extreme weather events which have uneven consequences across the EU: while southern and western European countries are facing droughts, the northern European countries have to deal with significant environment and economic damages caused by floods.
2018/11/06
Committee: ENVI
Amendment 124 #

2018/0169(COD)

Proposal for a regulation
Recital 2
(2) The Union’s ability to respond to the increasing pressure on water resources could be enhanced by wider reuse of treated waste water. Directive 2000/60/EC of the European Parliament and of the Council15 mentions the reuse of waterefficiency and reuse measures, inter alia, promotion of water-efficient technologies in industry and water-saving irrigation techniques as one of the supplementary measures Member States may choose to apply to achieve the Directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters. Council Directive 91/271/EEC16 requires that treated waste water be reused whenever appropriate. __________________ 15 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 16 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).
2018/11/06
Committee: ENVI
Amendment 147 #

2018/0169(COD)

Proposal for a regulation
Recital 7
(7) Health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum quality requirements for water quality and monitoringreclaimed water, monitoring requirements and key risk management tasks. Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the reclamation plant operators should perform key risk management tasks. The parameters are based on the technical report of the Commission Joint Research Centre and reflect the international standards on water reuse.
2018/11/06
Committee: ENVI
Amendment 157 #

2018/0169(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) Member States shall ensure the necessary protection for waters used for the abstraction of drinking water, or intended for such use, from the use of reclaimed water, in order to avoid deterioration in their quality. For this purpose, Member States may establish safeguard zones for those bodies of water.
2018/11/06
Committee: ENVI
Amendment 162 #

2018/0169(COD)

Proposal for a regulation
Recital 9
(9) Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing reclaimed water of a quality required for particular usesagricultural irrigation. The risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health.
2018/11/06
Committee: ENVI
Amendment 169 #

2018/0169(COD)

Proposal for a regulation
Recital 10
(10) In order to effectively protect the environment and human health, reclamation plant operators should be primarily responsible for the quality of reclaimed water at the point of compliance. For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plant operators should monitor the quality of reclaimed water. It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC.
2018/11/06
Committee: ENVI
Amendment 175 #

2018/0169(COD)

Proposal for a regulation
Recital 11
(11) It is necessary to ensure the safe supply, storage and use of reclaimed water, thereby encouraging water reuse at Union level and enhancing public confidence in it. Supply and storage of reclaimed water for particular usesagricultural irrigation should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States. Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation.
2018/11/06
Committee: ENVI
Amendment 177 #

2018/0169(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) Supply and storage of reclaimed water as well as its use by end-users constitute the integral part of the water reuse system. Within the process of supply and storage the reclaimed water can suffer changes that can negatively affect its chemical and biological quality. Reclaimed water intended for agricultural irrigation should be appropriately used with respect to the classes of reclaimed water, the crops characteristics and irrigation methods. Key risk management tasks should take into account the potential adverse effects on health and environmental matrices associated with the supply, storage and intended use of reclaimed water. In this respect European Commission should establish Guidance documents to assist the competent authorities to fulfil the control and monitoring of the supply, storage and use of the reclaimed water.
2018/11/06
Committee: ENVI
Amendment 185 #

2018/0169(COD)

Proposal for a regulation
Recital 13
(13) Regulation (EC) 852/2004 lays down general rules for food business operators and covers the production, processing, distribution and placing on the market of food intended for human consumption. That Regulation addresses the health quality of food and one of its main principles is that the primary responsibility for food safety is borne by the food business operator. That Regulation is also subject to detailed guidance, of particular relevance being the Commission Notice on guidance document on addressing microbiological risks in fresh fruits and vegetables at primary production through good hygiene (2017/C 163/01). The performance targets for reclaimed water laid down in this Regulation do not preclude food business operators from obtaining the water quality required to comply with Regulation 852/2004 using at a subsequent stage several water treatment options alone or in combination with other non-treatment options.
2018/11/06
Committee: ENVI
Amendment 193 #

2018/0169(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) Education and training of the end- users involved in agricultural irrigation are of principal importance as components of implementing and maintaining preventive measures. End- users shall be fully informed on the appropriate use of reclaimed water, as they are especially vulnerable. A range of human exposure preventive measures should be implemented (use of personal protective equipment, handwashing and personal hygiene). The monitoring of proper application of these measures should be a part of the key risk management tasks.
2018/11/06
Committee: ENVI
Amendment 197 #

2018/0169(COD)

Proposal for a regulation
Recital 17
(17) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for the adoption of detailed rules regarding the format and presentation of the information to be provided to the public by Member States, regarding the format and presentation of the information on monitoring of the implementation of this Regulation to be provided by the Member States and regarding the format and presentation of the information as regards the Union-wide overview drawn up by the European Environmental Agency Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council38. __________________ 38 European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted Regulation (EU) No 182/2011 of the
2018/11/06
Committee: ENVI
Amendment 200 #

2018/0169(COD)

Proposal for a regulation
Recital 18
(18) Competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit. In cases of non-compliance, they should require the reclamation plant operator to take the necessary measures to ensure compliance. The operators of reclamation plants should immediately suspend any supply of the reclaimed water when non-compliance causes a significant risk to the environment or to human health. Competent authorities should monitor and control the supply, storage and use of the reclaimed water taking into account the relevant health and environment risk.
2018/11/06
Committee: ENVI
Amendment 203 #

2018/0169(COD)

Proposal for a regulation
Recital 20
(20) Data provided by Member States is essential to enable the Commission to monitor and assess the performance of the legislation against the objectives it pursues.deleted
2018/11/06
Committee: ENVI
Amendment 206 #

2018/0169(COD)

Proposal for a regulation
Recital 25
(25) It is necessary to provide for sufficient time for Member States to set up the administrative infrastructure necessary for the application of this Regulation as well as for operators to prepare for the application oftranspose this Directive as well as for actors of the water reuse system to comply with the new rules,
2018/11/06
Committee: ENVI
Amendment 215 #

2018/0169(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This RegulationDirective lays down minimum quality requirements for water quality and monitoringintended for agricultural irrigation, minimum monitoring requirements and the obligation to carry out specified key risk management tasks, for the safe reuse of treated urban wasteclaimed water in the context of integrated water management.
2018/11/06
Committee: ENVI
Amendment 224 #

2018/0169(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The purpose of this RegulationDirective is to guarantee that reclaimed water is safe for its intended usntended for agricultural irrigation is safe, thereby ensuring a high level of protection of human and animal health and the environment, addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the efficient functioning of the internal market.
2018/11/06
Committee: ENVI
Amendment 234 #

2018/0169(COD)

Proposal for a regulation
Article 2 – paragraph 1
This RegulationDirective shall apply to reclaimed water destinintended for a usegricultural irrigation specified in section 1 of Annex I.
2018/11/06
Committee: ENVI
Amendment 242 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
3. ‘end-user’ means a natural or legal person who uses reclaimed water for agricultural irrigation in the course of their professional activities, including operators, technicians, contractors, employers and self-employed people in farming sector;
2018/11/06
Committee: ENVI
Amendment 246 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
3a. ‘reclaimed water storage infrastructure’ means storage reservoirs or other facilities for the temporarily- unused reclaimed water to enable its exploitation during agricultural irrigation periods and in periods where the consumption exceeds its production;
2018/11/06
Committee: ENVI
Amendment 247 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
3b. ‘reclaimed water supply infrastructure’ means system of dedicated pipelines and pumps or other dedicated transporting facilities to supply the reclaimed water from reclamation plant to reclaimed water storage infrastructure or to the place of use;
2018/11/06
Committee: ENVI
Amendment 257 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
5. ‘reclaimed water’ means urban waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC and which results from further treatment in a reclamation plant and intended for agricultural irrigation;
2018/11/06
Committee: ENVI
Amendment 278 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
11. ‘preventive measure’ means anyppropriate action or activity that can be used to prevent or eliminate a health and environmental risk, or reduce it to an acceptable level.
2018/11/06
Committee: ENVI
Amendment 282 #

2018/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
11a. ‘point of compliance’ means the point at the outlet of the reclamation plant at which the minimum quality requirements for the reclaimed water subject to Annex I Section 2 are to be controlled and monitored;
2018/11/06
Committee: ENVI
Amendment 300 #

2018/0169(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Reclamation plant operators shall ensure that reclaimed water destinintended for a usegricultural irrigation specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of compliance), comply with the following:
2018/11/06
Committee: ENVI
Amendment 309 #

2018/0169(COD)

Proposal for a regulation
Article 4 a (new)
Article 4a Obligation for the storage operators, supply operators and end-users of the reclaimed water intended for agricultural irrigation 1. The supply operator of the reclaimed water shall ensure that the specific quality of the reclaimed water set in Annex 1 Section 2 is maintained within the supply infrastructure. The storage operator of the reclaimed water shall ensure that the specific quality of the reclaimed water set in Annex 1 Section 2 is maintained within the storage infrastructure. 2. The end-users of the reclaimed water shall ensure the appropriate use of reclaimed water, which is consistent with the minimum reclaimed water quality classes, crops category and allowed irrigation methods for each reclaimed water class set in Section 2 Annex I. 3. Member States shall take measures to ensure that regular monitoring of the quality of reclaimed water intended for agricultural irrigation is carried out, in order to check that the reclaimed water intended for agricultural irrigation meets the minimum quality requirements of this Directive along the whole water reuse system. 4. To meet the obligations imposed in paragraph 3, appropriate monitoring programmes shall be established by the competent authorities for reclaimed water intended for agricultural irrigation. Those monitoring programs shall meet the minimum quality requirements, minimum requirements for monitoring set in Section 2 Annex I and key risk management tasks set in Annex II. The Commission shall establish guidance documents to assist the competent authorities to fulfil the control and monitoring of the supply, storage and use of the reclaimed water.
2018/11/06
Committee: ENVI
Amendment 314 #

2018/0169(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. For the purposes of producing and, supplying and storage of reclaimed water risk management shall be undertaken by the reclamation plant operator in consultation with the following actors:
2018/11/06
Committee: ENVI
Amendment 321 #

2018/0169(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the operator of the urban waste water treatment plant(s) supplying a reclamation plant with urban waste water, if different from the reclamation plant operator;
2018/11/06
Committee: ENVI
Amendment 323 #

2018/0169(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(aa) reclaimed wastewater storage operator;
2018/11/06
Committee: ENVI
Amendment 327 #

2018/0169(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(ab) reclaimed waste water supply operator;
2018/11/06
Committee: ENVI
Amendment 404 #

2018/0169(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. The Commission may, by means of implementing acts, lay down detailed rules regarding the format and presentation of the information to be provided under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15.deleted
2018/11/06
Committee: ENVI
Amendment 414 #

2018/0169(COD)

Proposal for a regulation
Article 16 a (new)
Article 16 a Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [3 years after entry into force of this Directive]. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
2018/11/06
Committee: ENVI
Amendment 415 #

2018/0169(COD)

Proposal for a regulation
Article 17 – paragraph 2
It shall apply from ... [one year after the date of entry into force of this Regulation].deleted
2018/11/06
Committee: ENVI
Amendment 421 #

2018/0169(COD)

Proposal for a regulation
Article 17 – paragraph 3
This Regulation shall be binding in its entirety and directly applicable in all Member States.deleted
2018/11/06
Committee: ENVI
Amendment 422 #

2018/0169(COD)

Proposal for a regulation
Article 17 a (new)
Article 17 a Addressees This Directive is addressed to the Member States.
2018/11/06
Committee: ENVI
Amendment 426 #

2018/0169(COD)

Proposal for a regulation
Annex I – part 2 – point 2.1 – introductory part
2.1. Minimum requirements applicable to reclaimed water destined to be usintended for agricultural irrigation
2018/11/06
Committee: ENVI
Amendment 453 #

2018/0169(COD)

Proposal for a regulation
Annex II – point 1
1. Describe the water reuse system, from the waste water entering the urban waste water treatment plant to the pointlace of use, including the sources of waste water, the treatment steps and technologies at the reclamation plant, the supply and storage infrastructure, the intended use, the place of use, and the quantities of reclaimed water to be supplied. The aim of this task is to provide a detailed description of the entire water reuse system.
2018/11/06
Committee: ENVI
Amendment 456 #

2018/0169(COD)

Proposal for a regulation
Annex II – point 3
3. Identify the environments, populations and individuals at risk of direct or indirect exposure to the identified potential hazards, taking into account specific environmental factors such as local hydrogeology, topology, soil type and ecology, and factors related to the type of crops and farming practices. The health risks assessment including hazard identification, dose-response, exposure assessment and risk characterisation have to be considered along the waste water reuse system. Possible irreversible or long- term negative environmental or health effects of the water reclamation operation, supply, storage and use have to be considered as well.
2018/11/06
Committee: ENVI
Amendment 32 #

2018/0161(COD)

Proposal for a regulation
Recital 4
(4) The absence of any exception in Regulation (EC) No 469/2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the Union from manufacturing, even for the exclusive purpose of exporting to third country markets in which such protection does not exist or has expired. A further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the Union market immediately after expiry of the certificate, given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed, by contrast with manufacturers located in third countries where protection does not exist or has expired.
2018/10/17
Committee: ENVI
Amendment 46 #

2018/0161(COD)

Proposal for a regulation
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
2018/10/17
Committee: ENVI
Amendment 54 #

2018/0161(COD)

Proposal for a regulation
Recital 8
(8) In those specific and limited circumstances, and in order to create a level playing field between Union-based manufacturers and third country manufacturers, it is appropriate to restrict the protection conferred by a supplementary protection certificate, but not any other patent or intellectual property right existing in a Member State, so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itself.
2018/10/17
Committee: ENVI
Amendment 93 #

2018/0161(COD)

Proposal for a regulation
Recital 13
(13) To this end, this Regulation should impose a once-off duty on the person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State, where theeach making is to take place, and to the certificate holder in the relevant Member State, no later than three months before the start date of making in that Member State. The information should be provided before the making is intended to starto start at the earliest for the first time in that Member State and in advance of any related act prior to that making that would otherwise be prohibited by the protection conferred by a certificate. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off and to the certificate holder. The duty to provide information to the authority should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making. The authority should be required to publish that information, in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention.
2018/10/17
Committee: ENVI
Amendment 101 #

2018/0161(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The maker should also inform the certificate holder, in writing, of the intention to make a product pursuant to the exception. A notification form should be provided for this purpose, which will differ from the one used to notify the authority in that it will not contain confidential or commercially sensitive information. This information should be updated when appropriate.
2018/10/17
Committee: ENVI
Amendment 109 #

2018/0161(COD)

Proposal for a regulation
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on thea maker as a condition for the exception to operate. TheEach maker should be required to inform persons within its supply chain, through appropriate and documented means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate.
2018/10/17
Committee: ENVI
Amendment 115 #

2018/0161(COD)

Proposal for a regulation
Recital 15
(15) Furthermore, this Regulation should impose labelling requirements on the maker, in order to facilitate, by means of a logo, identification of the product as a product exclusively intended for the purpose of export to third countries. The making and related acts should only fall outside the protection conferred by a supplementary protection certificate if the product is labelled in this manner. This labelling obligation would be without prejudice to labelling requirements of third countries. Furthermore, a medicinal product bearing a Unique Identifier as per Articles 3(d) and 4 of Commission Delegated Regulation 2016/161/EU would indicate that the product is not exclusively intended for the purpose of export to third countries. Therefore, this regulation should prohibit a product exclusively intended for the purpose of export to third countries from bearing such Unique Identifier.
2018/10/17
Committee: ENVI
Amendment 127 #

2018/0161(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, the exception provided for in this Regulation should only apply to certificates that are grantedapplied for on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodged. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.
2018/10/17
Committee: ENVI
Amendment 141 #

2018/0161(COD)

Proposal for a regulation
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates grantedapplied for on or after a specified date after entry into force of this Regulation and by imposing certain conditions on the application of the exception,
2018/10/17
Committee: ENVI
Amendment 156 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph – 2 – point a – point i
(i) making for the exclusive purpose of export to third countries where no protection for the medicinal product exists or has expired; or
2018/10/17
Committee: ENVI
Amendment 172 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph 2 – point b
(b) the authority referred to in Article 9(1) of the Member State where that making is to take place (‘the relevant Member State’) is notified by the person doing the making (‘the maker’) of the information listed in paragraph 3 no later than 28 daythree months before the intended start date of making in that Member State; and in advance of any related act prior to that making that would otherwise be prohibited by the protection conferred by a certificate;;
2018/10/17
Committee: ENVI
Amendment 178 #

2018/0161(COD)

(ba) the certificate holder is informed, in writing, by the maker, of the information listed in points [(a), (c), (e) and (f)] of paragraph 3 no later than three months before the start date of making in that Member State and in advance of any related act prior to that making that would otherwise be prohibited by the protection conferred by a certificate;
2018/10/17
Committee: ENVI
Amendment 179 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph 2 – point b b (new)
(bb) the notification to the certificate holder shall not contain any confidential or commercially sensitive information.
2018/10/17
Committee: ENVI
Amendment 183 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph 2 – point c a (new)
(ca) the maker ensures that medicinal products intended for export to third countries do not bear a unique identifier as set out in point (d) of Article 3 and Article 4 of the Commission Delegated Regulation (EU) 2016/161*; ____________ * Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use (OJ L 32, 9.2.2016, p. 1).
2018/10/17
Committee: ENVI
Amendment 204 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph 3 – point f
(f) an indicative list of the intended third country or third countries to which the product is to be exported. If the maker, after the list is provided, intends to export to further countries, it shall provide a notification within the time period specified in Art 4(2)(b).
2018/10/17
Committee: ENVI
Amendment 218 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 469/2009
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates grantedapplied for on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].;
2018/10/17
Committee: ENVI
Amendment 46 #

2018/0111(COD)

Proposal for a directive
Recital 19
(19) The Directive lays down an obligation for Member States to make all documents re-usable unless access is restricted or excluded under national rules on access to documents and subjectwithout prejudice to the other exceptions laid down in this Directive. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. Neither does it establish access rights or obligations to publish information. This decision remains at the discretion of the Member States. It does not apply in cases in which citizens or companies can, under the relevant access regime, only obtain a document if they can prove a particular interest. At Union level, Articles 41 (right to good administration) and 42 of the Charter of Fundamental Rights of the European Union recognise the right of any citizen of the Union and any natural or legal person residing or having its registered office in a Member State to have access to European Parliament, Council and Commission documents. Public sector bodies should be encouraged to make available for re-use any documents held by them. Public sector bodies should promote and encourage re- use of documents, including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re-use.
2018/07/16
Committee: IMCO
Amendment 49 #

2018/0111(COD)

Proposal for a directive
Recital 22 a (new)
(22a) Documents held by public undertakings should be excluded if produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State or, in the absence of such rules, in accordance with standard administrative practice; this should apply equally to the documents of public undertakings which are in direct economic competition with private companies in order to promote the basic objective of fair competition.
2018/07/16
Committee: IMCO
Amendment 56 #

2018/0111(COD)

Proposal for a directive
Recital 31
(31) A document should be considered to be in a machine-readable format if it is in a file format that is structured in such a way that software applications can easily identify, recognise and, in a technology neutral manner, extract specific data from it. Data encoded in files that are structured in a machine-readable format should be considered to be machine- readable data. Machine-readable formats can be open or proprietary; they can be formal standards or not. Documents encoded in a file format that limits automatic processing, because the data cannot, or cannot easily, be extracted from them, should not be considered to be in a machine-readable format. Member States should where possible and appropriate encourage the use of open, machine- readable formats.
2018/07/16
Committee: IMCO
Amendment 58 #

2018/0111(COD)

Proposal for a directive
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made available for re-use without charges and, where charges are necessary, they should in principle be limited to the marginal costs. Marginal costs are the extra costs for the digitisation, storage and management of documents, as well as the costs for digital mass storage, the additional effort to render data machine readable and the extra burden for infrastructure measures. In exceptional cases, the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Where applicable, tThe costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
2018/07/16
Committee: IMCO
Amendment 67 #

2018/0111(COD)

Proposal for a directive
Recital 58
(58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits having a particular high value for economy and society, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of a list of high- value datasets among the documents to which this Directive applies, along with the modalities of their publication and re- use. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted
2018/07/16
Committee: IMCO
Amendment 72 #

2018/0111(COD)

Proposal for a directive
Recital 59
(59) An EU-wideThe Member States should establish a list of datasets with a particular potential to generate socio- economic benefits together with harmonised re-use conditions. This list constitutes an important enabler of cross-border data applications and services. The list should take into account sectoral legislation that already regulates the publication of datasets, as well as the categories indicated in the Technical Annex of the G8 Open Data Charter and in the Commission's Notice 2014 /C 240/01. The list should take into account sectoral legislation that already regulates the publication of datasets, as well as the categories indicated in the Technical Annex of the G8 Open Data Charter and in the Commission's Notice 2014 /C 240/01.
2018/07/16
Committee: IMCO
Amendment 78 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) existingpublicly accessible documents held by public sector bodies of the Member States;
2018/07/16
Committee: IMCO
Amendment 80 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) existingpublicly accessible documents held by public undertakings active in the areas defined in Directive 2014/25/EU of the European Parliament and of the Council42 and by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council43, public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council44, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245. _________________ 42 Directive 2014/25/EU of the European Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 43 Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70. 44 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ L 293, 31.10.2008, p. 3– 20). 45 Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7–10).
2018/07/16
Committee: IMCO
Amendment 81 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
This Directive leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of EU and national law, and in particular does not alter the obligations and rights set out in Regulation (EU) 2016/679 (General Data Protection Regulation).
2018/07/16
Committee: IMCO
Amendment 83 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 2 – point b
(b) documents held by public undertakings, produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State or, in the absence of such rules, in accordance with standard administrative practice;
2018/07/16
Committee: IMCO
Amendment 84 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 2 – point b a (new)
(ba) Documents held by public undertakings with an industrial or commercial nature within the meaning of Article 34 of Directive 2014/25/EU
2018/07/16
Committee: IMCO
Amendment 85 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 2 – point d a (new)
(da) critical infrastructure within the meaning of Article 2(a) of Directive 2008/114/EC
2018/07/16
Committee: IMCO
Amendment 90 #

2018/0111(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
14a. ‘personal data’ means data as defined in Article 4(1) of Regulation (EU) 2016/679 (General Data Protection Regulation).
2018/07/16
Committee: IMCO
Amendment 111 #

2018/0111(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
(2a) By way of exception, documents for which the public sector body concerned is required to generate sufficient revenue to cover a substantial part of the costs relating to their collection, production, reproduction and dissemination. Those requirements shall be defined by law or by other binding rules in the Member State. In the absence of such rules, the requirements shall be defined in accordance with common administrative practice in the Member State;
2018/07/16
Committee: IMCO
Amendment 114 #

2018/0111(COD)

Proposal for a directive
Article 6 – paragraph 5
(5) The re-use of high value datasets, the list of which shall be defined in accordance with Article 13by the Member States, and of research data referred to in point (c) of Article 1(1) shall be free of charge or at a reduced cost for the user.
2018/07/16
Committee: IMCO
Amendment 118 #

2018/0111(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 (new)
In the case of public undertakings, where the re-use of documents is permitted under Article 3(2), and takes place without any corresponding conditions, where appropriate through a license, the public undertakings shall be excluded from all liability as regards the documents made available for re-use insofar as such an exclusion of liability does not run counter to any binding Member State rules.
2018/07/16
Committee: IMCO
Amendment 121 #

2018/0111(COD)

Proposal for a directive
Article 12 – paragraph 1
(1) The re-use of documents shall be open to all potential actors in the market, even if one or more market actors already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall where possible not grant exclusive rights. Any existing exemptions from procurement legislation under Article 11 of Directive 2014/24/EU and innovation partnerships as defined in Article 31 of Directive 2014/24/EU shall be taken into account.
2018/07/16
Committee: IMCO
Amendment 124 #

2018/0111(COD)

Proposal for a directive
Article 13
(1) objectives of this Directive, the Commission shall adopt the list of high value datasets among the documents to which this Directive applies, together with the modalities of their publication and re- use. (2) for free, machine-readable and accessible via APIs. The conditions for re-use shall be compatible with open standard licences. (3) availability referred to in paragraph 2 shall not apply to high-value datasets of public undertakings if the impact assessment referred to in Article 13(7) shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets. (4) out in paragraph 2, the Commission may define other applicable modalities, in particular (a) (b) technical modalities of their publication and dissemination. (5) list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio-economic benefits, the number of users and the revenues they may help generate, and their potential for being combined with other datasets. (6) Article shall be adopted by the Commission by means of a delegated act in accordance with Article 290 of the TFEU and subject to the procedure laid down in Article 14. (7) impact assessment including a cost- benefit analysis prior to the adoption of the delegated act and ensure that the act is complementary to the existing sector based legal instruments with respect to the re-use of documents that belong to the scope of application of this Directive. Where high value datasets held by public undertakings are concerned, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.Article 13 deleted List of high value datasets With a view to achieving the These datasets shall be available By way of exception, the free In addition to the conditions set any conditions for re-use; formats of data and metadata and The selection of datasets for the The measures referred to in this The Commission shall conduct an
2018/07/16
Committee: IMCO
Amendment 133 #

2018/0111(COD)

Proposal for a directive
Article 14
(1) is conferred on the Commission subject to the conditions laid down in this Article. (2) referred to in Article 13 shall be conferred on the Commission for a period of five years from [date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. (3) to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to tArticle 14 deleted Exercise of the delegation The power to adopt delegated acts The power to adopt delegated acts The delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. (4) the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. (5) act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (6) to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant
2018/07/16
Committee: IMCO
Amendment 51 #

2018/0082(COD)

Proposal for a directive
Recital 3
(3) Different operators are active in the agricultural and food supply chain at the stages of production, processing, marketing, distribution and retail of agricultural or food products. The chain is by far the most important channel for bringing food products from “farm to fork”. delivering products.Those operators trade agricultural or food products, that is to say primary agricultural products, including fishery and aquaculture products, as listed in Annex I to the Treaty for use as food, and, other food products not listed in that Annex but processed from agricultural products for use as food and agricultural products.
2018/07/20
Committee: IMCO
Amendment 57 #

2018/0082(COD)

Proposal for a directive
Recital 5
(5) The number and size of operators vary across the different stages of the food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized and mid-cap operators in the agricultural and food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium-sized.
2018/07/20
Committee: IMCO
Amendment 58 #

2018/0082(COD)

Proposal for a directive
Recital 5 a (new)
(5a) Agricultural producers, who supply primary agricultural products, are largely small and medium-sized. But the limited criteria of small and medium-sized enterprises in agricultural production are often exceeded e.g. when employing seasonal workers. Therefore, it is adequate to enlarge the scope to mid-caps. Mid-cap companies are enterprises or Producer Organisation, cooperatives or Associations of Producer Organisations with a medium-sized structure and with a high capital ratio with a staff headcount of up to 3000 employees. Furthermore, mid-caps can be family-run enterprises. Small and medium-sized enterprises and mid-caps have little market power in comparison to the big players in the agricultural or food supply chain.
2018/07/20
Committee: IMCO
Amendment 61 #

2018/0082(COD)

Proposal for a directive
Recital 6
(6) A majority of all Member States, but not all of them, have specific national rules that protect suppliers against unfair trading practices occurring in business-to- business relationships in the agricultural or food supply chain. Where reliance on contract law or self-regulatory initiatives is possible, fear of retaliation against a complainant limits the practical value of these forms of redress. Certain Member States, which have specific rules on unfair trading practices in place, therefore entrust administrative authorities with their enforcement. However, Member States’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence.
2018/07/20
Committee: IMCO
Amendment 64 #

2018/0082(COD)

Proposal for a directive
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers. It should benefit all agricultural producers or any natural or legal person that supplies agricultural or food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12 or are mid-cap enterprises. Those micro, small or, medium or mid-cap suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on small and medium- sized and mid-cap enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect small and medium-sized and mid-cap intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. __________________ 12 OJ L 124, 20.5.2003, p. 36.
2018/07/20
Committee: IMCO
Amendment 74 #

2018/0082(COD)

Proposal for a directive
Recital 10
(10) As a majority of Member States already have national rules on unfair trading practices, albeit diverging, it is appropriate to use the tool of a Directive to introduce a minimum protection standard under Union law. This should enable Member States to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium-sized suppliers and buyers against unfair trading practices occurring in business-to-business relationships in the agricultural and food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
2018/07/20
Committee: IMCO
Amendment 78 #

2018/0082(COD)

Proposal for a directive
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of an agricultural or food product, i.e. before, during or after a sales transaction, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
2018/07/20
Committee: IMCO
Amendment 91 #

2018/0082(COD)

Proposal for a directive
Recital 19
(19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to a possible enlargement of the lists of prohibited unfair trading practices and whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified,
2018/07/20
Committee: IMCO
Amendment 96 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural or food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
2018/07/20
Committee: IMCO
Amendment 102 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural or food products by a supplier that is a small and medium-sized or mid-cap enterprise to a buyer that is not a small and medium-sized enterprise.
2018/07/20
Committee: IMCO
Amendment 128 #

2018/0082(COD)

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
(ca) "mid-cap enterprise" means an enterprise or a Producer Organisation, cooperative or Association of Producer Organisations with a medium-sized structure, a high capital ratio and a staff headcount of up to 3000 employees;
2018/07/20
Committee: IMCO
Amendment 129 #

2018/0082(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d
(d) “agricultural or food products” means products listed in Annex I to the Treaty intended for use as food as well as, products not listed in that Annex, but processed from those products for use as food, and agricultural products;
2018/07/20
Committee: IMCO
Amendment 134 #

2018/0082(COD)

Proposal for a directive
Article 2 – paragraph 1 – point e
(e) “perishable agricultural or food products” means fresh agricultural or food products that will become unfit for human consumption or intended use unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
2018/07/20
Committee: IMCO
Amendment 147 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following trading practices for perishable agricultural or food products are prohibited:
2018/07/20
Committee: IMCO
Amendment 150 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
(a) a buyer pays a supplier for perishable agricultural or food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
2018/07/20
Committee: IMCO
Amendment 154 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) a buyer cancels orders of perishable agricultural or food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
2018/07/20
Committee: IMCO
Amendment 159 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the agricultural or food products;
2018/07/20
Committee: IMCO
Amendment 211 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of agricultural or food products sold by the buyer. Prior to a promotion and if that promotion is initiated by the buyer, the buyer shall specify the period of the promotion and the expected quantity of the agricultural or food products to be ordered;
2018/07/20
Committee: IMCO
Amendment 215 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of agricultural or food products by the buyer.
2018/07/20
Committee: IMCO
Amendment 262 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a
(a) to initiate and conduct investigations on its own initiative or based on an anonymous complaint;
2018/07/20
Committee: IMCO
Amendment 279 #

2018/0082(COD)

Proposal for a directive
Article 6 a (new)
Article 6a Mediation or alternative dispute resolution mechanism 1. Without prejudice to the powers and obligations of the enforcement authority laid down in Article 6, Member States may encourage the use of mediation or of an alternative dispute resolution mechanism in case of a dispute between a supplier and a buyer due to an unfair trading practices as defined in Article 2. 2. The use of mediation or of an alternative dispute resolution mechanism shall be without prejudice to the right of the supplier to submit a complaint, as set out in Article 5.
2018/07/20
Committee: IMCO
Amendment 292 #

2018/0082(COD)

Proposal for a directive
Article 9 – paragraph 1
1. By 15 March of each year, Member States shall send to the Commission a report on unfair trading practices in business-to-business relationships in the agricultural or food supply chain. That report shall contain, in particular, all relevant data on the application and enforcement of the rules under this Directive in the Member State concerned in the previous year.
2018/07/20
Committee: IMCO
Amendment 296 #

2018/0082(COD)

Proposal for a directive
Article 11 – paragraph 1
1. No soonlater than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. In the framework of the evaluation, the need for additional unfair trading practices should be examined.
2018/07/20
Committee: IMCO
Amendment 272 #

2018/0018(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The Coordination Group shall act by consensus, or, where necessary, vote by simplequalified majority. There shall be one vote per Member State.
2018/06/18
Committee: ENVI
Amendment 312 #

2018/0018(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) medical devices classified as class IIb and III pursuant to Article 51 of Regulation (EU) 2017/745 for which the relevant expert panels have provided a scientific opinion in the framework of the clinical evaluation consultation procedure pursuant to Article 54 of that Regulation;deleted
2018/06/18
Committee: ENVI
Amendment 315 #

2018/0018(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b – subparagraph 1 a (new)
The Commission shall, by means of Delegated Acts, include in Article 5 paragraph 1 of this Regulation a specific product category of medical devices if at least five Member States are systematically performing health technology assessments on the same specific product category of medical devices.
2018/06/18
Committee: ENVI
Amendment 317 #

2018/0018(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) in vitro diagnostic medical devices classified as class D pursuant to Article 47 of Regulation (EU) 2017/74617 for which the relevant expert panels have provided their views in the framework of the procedure pursuant to Article 48(6) of that Regulation. __________________ 17Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).deleted
2018/06/18
Committee: ENVI
Amendment 320 #

2018/0018(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – subparagraph 1 a (new)
The Commission shall, by means of Delegated acts, include in Article 5 paragraph 1 of this Regulation a specific product category of in vitro diagnostic medical devices if at least five Member States are systematically performing health technology assessments on the same specific product category of in vitro diagnostic medical devices.
2018/06/18
Committee: ENVI
Amendment 329 #

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
The Coordination Group shall initiate joint clinical assessments of health technologies on the basis of its annual work programme by designating a sub-group to oversee the preparation of the joint clinical assessment report on behalf of the Coordination Group. Member States may propose additional comparator, which from their point of view represents the relevant evidence-based standard of care in their Member State. In case this proposal has not been taken into account, the relevant Member State may use the mechanism referred to in Article 8 – paragraph 1 a (new).
2018/06/18
Committee: ENVI
Amendment 356 #

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point a
(a) an analysis of the relative effects of the health technology being assessed on the patient-relevant health outcomes chosen for the assessment compared to one or more comparator treatments to be determined by the Coordination Group;
2018/06/18
Committee: ENVI
Amendment 399 #

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 12
12. The Coordination Group shall approve the final joint clinical assessment report and summary report, wherever possible by consensus or, where necessary, by a simplequalified majority of Member States.
2018/06/18
Committee: ENVI
Amendment 407 #

2018/0018(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where the Commission considers that there are no legal obstacles to the inclusion of the approved joint clinical assessment report and summary report comply with the substantiin a list of technologies that have aund procedural requirements laid down in this Regulation,ergone a joint clinical assessment (hereafter referred to as ‘the list of assessed technologies’ or ‘list’) it shall include the name of the health technology which has been the subject of the approved report and summary report, in a list of technologies having undergone joint clinical assessment (the "the ‘List of Assessed Health Technologies" or the "List") at the latest 30 days after receipt of the approved report and summary report from the Coordination Group.
2018/06/15
Committee: ENVI
Amendment 413 #

2018/0018(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where, within 30 days of receipt of the approved joint clinical assessment report and the summary report, the Commission concludes that the approved joint clinical assessment report and summary report do not comply with the substantive and procedurlegal requirements laid down in this Regulation, it shall inform the Coordination Group of the reasons for its conclusions and request it to review the report and summary report.
2018/06/15
Committee: ENVI
Amendment 420 #

2018/0018(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Following the submission of the modified approved joint clinical assessment report and summary report, and where the Commission considers that the modified approved joint clinical assessment report and summary report comply with the substantive and procedurlegal requirements laid down in this Regulation, it shall include the name of the health technology which has been the subject of the report and summary report, in the List of Assessed Health Technologies.
2018/06/15
Committee: ENVI
Amendment 424 #

2018/0018(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. If the Commission concludes that the modified approved joint clinical assessment report and summary report do not comply with the substantive and procedurlegal requirements laid down in this Regulation, it shall decline to include the name of the health technology in the List. The Commission shall inform the Coordination Group thereof, setting out the reasons for the non- inclusion. The obligations laid down in Article 8 shall not apply with respect to the health technology concerned. The Coordination Group shall inform the submitting health technology developer accordingly and include summary information on those reports in its annual report.
2018/06/15
Committee: ENVI
Amendment 436 #

2018/0018(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. This shall not prevent the Member States from complementing the joint clinical assessment with clinical assessments comparing the technology against a comparator which represents the best available evidence based standard of care in this Member State which, despite the Member States request during the scoping face, will not form part of the joint clinical assessment and which is necessary to complete the health technology assessment in that Member State. Any such measure should be justified, necessary and proportionate to achieving this aim. Any national assessment complementing the joint clinical assessment should follow the methodology established in accordance with Article 22. Member States shall notify the Commission and the Coordination Group of their intention to complement the joint clinical assessment together with a justification for doing so no later than 2 weeks after the Coordination Group has laid down the specific requirements for the joint assessment of the specific technology.
2018/06/15
Committee: ENVI
Amendment 486 #

2018/0018(COD)

Proposal for a regulation
Article 13 – paragraph 12
12. The Coordination Group shall approve the final joint scientific consultation report, wherever possible by consensus or, where necessary, by a simplequalified majority of Member States, at the latest 100 days following the start of the preparation of the report referred to in paragraph 4.
2018/06/15
Committee: ENVI
Amendment 35 #

2017/2087(INI)

Motion for a resolution
Recital H
H. whereas, while the scope of the Ecodesign Directive was enlarged in 2009 to cover all energy-related products, no non-energy using products have yet been covered by ecodesign requirements;
2018/03/09
Committee: ENVI
Amendment 37 #

2017/2087(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the European Commission in its report to the Parliament on the review of Directive 2009/125/EC stated that for the moment, there is no need for the extension of the scope of the Ecodesign Directive to non- energy related products as "many non- energy related products have a significant environmental impact that mainly occurs in the earliest phase of the life cycle and therefore product testing would no longer be adequate for conformity assessment"1a; _________________ 1aCOM (2012)765. Report from the Commission to the European Parliament and the Council on Review of Directive 2009/125/EC
2018/03/09
Committee: ENVI
Amendment 105 #

2017/2087(INI)

Motion for a resolution
Paragraph 8
8. Believes, therefore, that it might be relevant in the implementation of the Ecodesign Directive – in addition to continued efforts to improve energy efficiency – must nowto address the full life cycle of the products within its scope, with the setting up of minimum resource criteria covering, inter alia, robustness, repairability and upgradeability, but also sharing potential,. Moreover it is important to develop requirements to enhance resource efficiency measures and to promote environmental prevention principles by re-use, scalability, recyclability and use of recycled materialsrecovery, remanufacturing and recycling of the energy-related products in order to achieve a more Circular Economy;
2018/03/09
Committee: ENVI
Amendment 120 #

2017/2087(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses, therefore, that as the greater environmental impact of products is shifting to materials, it becomes relevant to analyse the energy-related products using a life cycle perspective and to focus not only on the use phase but also on the extraction and production of raw materials, manufacturing of products and their end-of-life;
2018/03/09
Committee: ENVI
Amendment 142 #

2017/2087(INI)

Motion for a resolution
Paragraph 10
10. Notes that the Commission has postponed action on information and communication technologies (ICT) such as mobiles and smartphones, pending further assessments and given the rapid technological changes in this product group; considers, however, that these products have a clear potential for improvements, in particular in terms of resource efficiency, and that ecodesign criteria should therefore be applied to them;
2018/03/09
Committee: ENVI
Amendment 162 #

2017/2087(INI)

Motion for a resolution
Paragraph 12 – indent 1
– that national authorities be required to use the ICSMS database to share the results of product compliance checks and testing for all products covered by Ecodesign regulations;deleted
2018/03/09
Committee: ENVI
Amendment 166 #

2017/2087(INI)

Motion for a resolution
Paragraph 12 – indent 1 a (new)
– to increase the cooperation between Member States and to develop a database as a central information-sharing tool; this database should include all information for compliant and non- compliant products in order to avoid unnecessary testing in another Member State;
2018/03/09
Committee: ENVI
Amendment 173 #

2017/2087(INI)

Motion for a resolution
Paragraph 12 – indent 4
– that deterrent measures be adopted, including: sanctions for non- compliant manufacturers proportional to the impact of non-compliance on the entire European market and compensation for consumers who have purchased non-compliant products, even beyond the legal warranty period;deleted
2018/03/09
Committee: ENVI
Amendment 190 #

2017/2087(INI)

Motion for a resolution
Paragraph 14
14. Stresses the need to ensure consistency and convergence between ecodesign regulations and horizontal regulations such as Union legislation on chemicals and waste, and highlights the need to strengthen synergies with Green Public Procurement and the EU Ecolabelrelevant legislation and policies;
2018/03/12
Committee: ENVI
Amendment 2 #

2017/2073(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas services account for 71% of the GDP and 68% of total employment, the full potential of the Single Market in services still remains unfulfilled;
2017/09/20
Committee: IMCO
Amendment 8 #

2017/2073(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas smart regulation can have positive effects on the European market and deregulation should therefore not be the overall aim;
2017/09/20
Committee: IMCO
Amendment 9 #

2017/2073(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas in many cases, regulation of professional services can be justified, for example when it aims at protecting a number of general interest objectives, it nevertheless needs to be adjusted regularly to take into consideration technological, societal or market developments;
2017/09/20
Committee: IMCO
Amendment 10 #

2017/2073(INI)

Motion for a resolution
Recital D
D. whereas Directive 2005/36/EC was amended in 2013, with the objective to achieve a proportionate regulatory framework, justified by general interests objectives, introducing in Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level;
2017/09/20
Committee: IMCO
Amendment 13 #

2017/2073(INI)

Da. whereas Member States were required to submit national action plans (NAPs) to the Commission by 18 January 2016 with information on decisions on maintaining or amending professional regulations; whereas there are still 6 Member States that have not submitted their NAPs;
2017/09/20
Committee: IMCO
Amendment 25 #

2017/2073(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities;
2017/09/20
Committee: IMCO
Amendment 29 #

2017/2073(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Believes that it will help Member States to exchange on best practices and better understand their regulatory choices taking into consideration the fact that some Member States foresee a higher level of state intervention in regulated professions than others;
2017/09/20
Committee: IMCO
Amendment 36 #

2017/2073(INI)

Motion for a resolution
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions; calls on Member States and the Commission to significantly improve notification procedures;
2017/09/20
Committee: IMCO
Amendment 45 #

2017/2073(INI)

Motion for a resolution
Paragraph 6
6. Notes that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of depth and detail of the NAPs submitted differ; calls on those Member States that have not submitted their NAP yet to proceed without any due delay, as only with complete information from all Member States, the Commission can present a full picture on regulated professions at the EU level;
2017/09/20
Committee: IMCO
Amendment 63 #

2017/2073(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Believes that making regulation on professional services more proportionate and adapted to market reality may result in improved market dynamics, lower prices to consumers and improved performance of sector efficiency;
2017/09/20
Committee: IMCO
Amendment 88 #

2017/2073(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. States that reform recommendations cannot replace enforcement action by the Commission and calls on the Commission to make use of instruments such as infringement procedures for enforcement;
2017/09/20
Committee: IMCO
Amendment 100 #

2017/2073(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that the restrictiveness indicator only takes into account quantitative data and not qualitative data; states that the restrictiveness indicator can therefore only be seen as an indicative tool and does not permit to draw conclusions on the overall regulatory intensity in the Member States;
2017/09/20
Committee: IMCO
Amendment 103 #

2017/2073(INI)

Motion for a resolution
Paragraph 17
17. Recalls that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided;
2017/09/20
Committee: IMCO
Amendment 4 #

2017/2065(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls for the general identification and elimination of obstacles in the internal market for digital trade;
2017/09/06
Committee: IMCO
Amendment 6 #

2017/2065(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Stresses that SMEs, start-ups and scale-ups can benefit from the strengthening of digitalisation and digital trade;
2017/09/06
Committee: IMCO
Amendment 7 #

2017/2065(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Stresses the need to strengthen understanding for and awareness of consumer protection in the digital field and to better inform consumers about their rights so that they can participate safely in digital trade;
2017/09/06
Committee: IMCO
Amendment 31 #

2017/2065(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out that differences in national tax systems result in different taxation costs and compliance costs, and are a hindrance to participating in digital trade, particularly for SMEs and start-ups that wish to engage in cross- border trade;
2017/09/06
Committee: IMCO
Amendment 34 #

2017/2065(INI)

Draft opinion
Paragraph 5 b (new)
5b. Stresses that the new challenges of digital trade must also be reflected in education, which is important for both consumers and businesses;
2017/09/06
Committee: IMCO
Amendment 16 #

2017/2003(INI)

Motion for a resolution
Recital b a (new)
b a. Whereas the collaborative economy offers possibilities for young people, migrants, part-time workers and senior citizens to access the labour market;
2017/02/13
Committee: IMCO
Amendment 29 #

2017/2003(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the communication on a European Agenda for the collaborative economy, and underlines that it should represent a first step towards a more comprehensive and ambitious EU strategy on it the objective of which should be a European legal framework;
2017/02/13
Committee: IMCO
Amendment 47 #

2017/2003(INI)

Motion for a resolution
Paragraph 3
3. Agrees that the collaborative economy could also generates new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable;
2017/02/13
Committee: IMCO
Amendment 83 #

2017/2003(INI)

Motion for a resolution
Paragraph 6
6. Considers the development of a dynamic and clear legal environment establishing a level playing field to be of paramount importance for the collaborative economy to flourish in the EU;
2017/02/13
Committee: IMCO
Amendment 85 #

2017/2003(INI)

Motion for a resolution
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community;deleted
2017/02/13
Committee: IMCO
Amendment 96 #

2017/2003(INI)

Motion for a resolution
Paragraph 8
8. Draws attention to the factNotes that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, reflecting the European business structure, whichso far consists mainly of SMEs;
2017/02/13
Committee: IMCO
Amendment 117 #

2017/2003(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to encourage non-profit, user-governed, collaborative practices aimed at building sharing and cooperation, and a commons- oriented approach to the collaborative economy, so as to foster the scalability of a social economy and access to open knowledge;deleted
2017/02/13
Committee: IMCO
Amendment 127 #

2017/2003(INI)

Motion for a resolution
Paragraph 12
12. Is concerned that, while a large part of the nascent collaborative economy remains unregulated, significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk of fragmentation of the Single Market;
2017/02/13
Committee: IMCO
Amendment 188 #

2017/2003(INI)

Motion for a resolution
Paragraph 18 a (new)
11a. Points out that much of what is offered in the collaborative economy is based on customer evaluations and that a good many suppliers gain a competitive advantage as a result of false evaluations; stresses therefore that there should be guaranteed checks by independent accredited bodies that evaluations are genuine;
2017/02/13
Committee: IMCO
Amendment 227 #

2017/2003(INI)

Motion for a resolution
Paragraph 22
22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, etc.);deleted
2017/02/13
Committee: IMCO
Amendment 266 #

2017/2003(INI)

Motion for a resolution
Paragraph 27
27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despiteWelcomes the increased traceability of economic transactions viathat online platforms enables;
2017/02/13
Committee: IMCO
Amendment 304 #

2017/2003(INI)

Motion for a resolution
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
2017/02/13
Committee: IMCO
Amendment 313 #

2017/2003(INI)

Motion for a resolution
Paragraph 33
33. Is concerned about the risk that on-demand workers might not enjoy genuine legal protection, and that collaborative platforms might pass on their risks to workers with no entrepreneurial responsibilitiesUnderlines that the collaborative economy is offering flexible on-demand work opportunities for people that currently are far from the labour market;
2017/02/13
Committee: IMCO
Amendment 353 #

2017/2003(INI)

Motion for a resolution
Paragraph 37
37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies;
2017/02/13
Committee: IMCO
Amendment 361 #

2017/2003(INI)

Motion for a resolution
Paragraph 39
39. Emphasises that collaborative financing systems – such as crowd-funding – are successful only when integrated withis an important complement to traditional funding channels intoas part of an effective financing ecosystem;
2017/02/13
Committee: IMCO
Amendment 1 #

2017/2002(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications and the social dimension;
2017/03/28
Committee: IMCO
Amendment 11 #

2017/2002(INI)

Draft opinion
Paragraph 1 a (new)
1a. Points out that there are still administrative obstacles to the cross- border mobility of professionals;
2017/03/28
Committee: IMCO
Amendment 16 #

2017/2002(INI)

Draft opinion
Paragraph 2
2. Calls, to that end, for the systematic use ofMember States to ensure that the Internal Market Information System (IMI) functions properly in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds;
2017/03/28
Committee: IMCO
Amendment 34 #

2017/2002(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, and persons with disabilities, and the homeless to fully participate in society and the labour market;
2017/03/28
Committee: IMCO
Amendment 130 #

2017/0332(COD)

Proposal for a directive
Recital 3
(3) It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council68 and Directive 2001/83/EC of the European Parliament and of the Council69. However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should as a matter of principle continue to comply with the provisions of this Directive until the point of compliance (i.e. until the point of use, i.e. the tap), and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council70. _________________ 68 Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (R;(recast) (OJ. L 164, 26.6.2009, p. 45). 69 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ. L 311, 28.11.2001, p. 67). 70 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ. L 31, 1.2.2002, p. 1).
2018/06/19
Committee: ENVI
Amendment 144 #

2017/0332(COD)

Proposal for a directive
Recital 5
(5) The World Health Organisation (WHO) Regional Office for Europe conducted a detailed review of the list of parameters and parametric values laid down in Directive 98/83/EC in order to establish whether there is a need to adapt it in light of technical and scientific progress. In view of the results of that review74, enteric pathogens and Legionella should be controlled, six chemical parameters or parameter groups should be added, and three representative endocrine disrupting compounds should be considered with precautionary benchmark values. For three of the new parameters, parametric values that are more stringent than the ones proposed by the WHO, yet still feasible, should be laid down in light of the precautionary principle. For lead, the WHO noted that concentrations should be as low as reasonably practical, and for chromium, the value remains under WHO review; therefore, for both parameters, a transitional period of ten year. The scientifically based WHO recommendations should apply be fore the values become more stringentllowed. _________________ 74 Drinking Water Parameter Cooperation Project of the WHO Regional Office for Europe "Support to the revision of Annex I Council Directive 98/83/EC on the quality of water intended for human consumption (Drinking Water Directive) Recommendation", 11 September 2017..
2018/06/19
Committee: ENVI
Amendment 164 #

2017/0332(COD)

Proposal for a directive
Recital 8
(8) Preventive safety planning and risk- based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality76. Those Guidelines, laying down the so-called "Water Safety Plan" approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost- effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should consist of three components: first, an assessment by the Member State of the hazards associated with the abstraction area ("hazard assessment"), in line with the WHO’s Guidelines and Water Safety Plan Manual77; second, a possibility for the water supplier to adapt monitoring to the main risks ("supply risk assessment"); and third, an assessment by the Member State of the possible risks stemming from the domestic distribution systems (e.g. Legionella or lead) ("domestic distribution risk assessment"). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities and, water suppliers and other stakeholders. _________________ 76 Guidelines for drinking water quality, Ffourth Eedition, World Health Organisation, 2011 http://www.who.int/water_sanitation_healt h/publications/2011/dwq_guidelines/en/ind ex.html 77 Water Safety Plan Manual: step-by-step risk management for drinking water suppliers, World Health Organisation, 2009, http://apps.who.int/iris/bitstream/10665/75 141/1/9789241562638_eng.pdf
2018/06/19
Committee: ENVI
Amendment 190 #

2017/0332(COD)

Proposal for a directive
Recital 14
(14) The risk-based approach should gradually be applied by all water suppliers, including small water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations. When applying the risk-based approach, security concerns should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations.
2018/06/19
Committee: ENVI
Amendment 194 #

2017/0332(COD)

Proposal for a directive
Recital 15
(15) In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted. In addition, it is important to clarify thatn the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by Member States a, Member States should determine whether the exceedance of the values constitutes a potential dangerrisk to human health. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source.
2018/06/19
Committee: ENVI
Amendment 262 #

2017/0332(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1
1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation, processing or production, or for other food purposes, or other domestic purposes in both public and private premises , including food businesses, regardless of its origin and whether it is supplied from a distribution network, from private wells, supplied from a tanker or, for spring waters, put in bottles .
2018/06/19
Committee: ENVI
Amendment 269 #

2017/0332(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. 'water supplier' shall mean an public or private entity supplying at least 10 m3 of water intended for human consumption a day as an average.
2018/06/19
Committee: ENVI
Amendment 321 #

2017/0332(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
The Member States shall take all necessary measures to ensure that the treatment agents, materials and disinfection procedures used in water supply systems do not adversely affect drinking water quality. The resulting contaminations must be minimised without, however, compromising the effectiveness of disinfection.
2018/06/19
Committee: ENVI
Amendment 338 #

2017/0332(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that the supply, treatment and distribution of water intended for human consumption is subject to aare adapted to local circumstances and appropriate. A risk-based approach shall be adopted, composed of the following elements:
2018/06/19
Committee: ENVI
Amendment 398 #

2017/0332(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – introductory part
On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders, or ensure that those measures are taken by the water suppliers:
2018/06/19
Committee: ENVI
Amendment 417 #

2017/0332(COD)

Proposal for a directive
Article 9 a (new)
Article 9 a Article 9 Derogations Member States may provide for derogations from the parametric values set out in Annex I, Part B, or set under Article 5(3), up to a maximum value to be determined by them, provided such derogations do not constitute a potential danger to human health and the supply of drinking water in the area concerned cannot otherwise be maintained by any other reasonable means. Authorisations for derogations should be for as short a time as possible and may not exceed three years; towards the end of the authorisation period, a review shall be carried out to gauge whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. This second authorisation of a derogation shall not exceed three years. (2)In exceptional circumstances, a Member State may ask the Commission for a third derogation for a period not exceeding three years. The Commission shall decide on this request within three months. (3) The authorisation of derogations under paragraph 1 or 2 shall include information on the following points: (a) the reason for the derogation, (b) the parameter concerned, previous relevant monitoring results and the maximum permitted value provided for the derogation, (c) the geographical area, the quantity of water delivered per day, the population concerned and whether relevant food businesses are affected or not, (d) an appropriate monitoring programme, if necessary with an increased frequency of monitoring, (e) a summary of the corrective action plan, including a timetable for the work, an estimate of the costs and provisions for review, and (f) the duration of the derogation required. (4) Where the competent authorities consider that non - compliance with a parameter value is immaterial and that the problem can be remedied by means of corrective action within 30 days in accordance with Article 8 (2), Paragraph 3 need not be applied, in which case the competent authorities or other relevant authorities shall specify only the maximum permissible value for the parameter concerned and the period allowed to remedy the problem. (5) Recourse to paragraph 4 is no longer possible if a parameter value for a given water supply has not been complied with during the previous 12 months for a total of more than 30 days. (6) Member States which make use of the derogations provided for in this Article shall ensure that the population affected by the derogation is informed promptly and adequately of the derogation and associated conditions. In addition, Member States shall ensure that, where necessary, advice is given to particular categories of persons for whom the derogation might pose a particular risk. Those obligations shall not apply to the case referred to in paragraph 4 unless the competent authorities decide otherwise. (7) Except in the case of derogations under paragraph 4, Member States shall inform the Commission, within two months, of derogations relating to a water supply of more than 1 000 m³ per day on average or more than 5 000 persons and add the information required in paragraph 3. (8) This Article shall not apply to water intended for human consumption, which is offered for sale in bottles or other containers.
2018/06/19
Committee: ENVI
Amendment 431 #

2017/0332(COD)

Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 2
With regard to the regular monitoring referred to in the first subparagraph, Member StatesMember States shall ensure access to systems in priority premises for the purposes of sampling and may set up a special monitoring strategy focusing on priority premises, in particular as regards Legionella;
2018/06/19
Committee: ENVI
Amendment 449 #

2017/0332(COD)

Proposal for a directive
Article 10 – paragraph 2 – point c
(c) take other measures, such as appropriate conditioning techniques, in cooperation with water suppliers, to change the nature or properties of the water before it is supplied so as to eliminate or reduce the risk of non-compliance with the parametric values after supply, if this is appropriate and reasonable in a supply zone, in addition to the measures referred to in points (a) and (b);
2018/06/19
Committee: ENVI
Amendment 458 #

2017/0332(COD)

Proposal for a directive
Article 10 a (new)
Article 10 a Minimum requirements for products and materials in contact with water 1. Member States shall take all necessary measures to ensure that substances and materials for the manufacture of new products in contact with water intended for human consumption used for abstraction, treatment or distribution, or the impurities associated with such substances: (a) do not directly or indirectly reduce the protection of human health provided for in this Directive; (b) do not affect the smell or taste of water intended for human consumption; (c) are not present in water at a concentration in excess of that required for the attainment of the intended target; and (d) do not promote microbial growth. 2. For the purposes of paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances and materials in contact with water intended for human consumption approved in the EU. 3. Materials coming into contact with water intended for human consumption covered by other Union acts, such as Regulation (EC) No 305/2011 of the European Parliament and of the Council, fulfill the requirements set out in paragraphs 1 and 2.
2018/06/19
Committee: ENVI
Amendment 483 #

2017/0332(COD)

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Member States shall automatically considerdecide, in the case of any failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, whether this failure is as a potential danger to human health.
2018/06/19
Committee: ENVI
Amendment 508 #

2017/0332(COD)

Proposal for a directive
Article 13 – paragraph 1 – introductory part
1. Without prejudice to Article 9 of Directive 2000/60/EC and the principle of proportionality, Member States shall take all necessary measures to improve access for all to water intended for human consumption and promote its use on their territory. This shall include all of the following measures inter alia:
2018/06/19
Committee: ENVI
Amendment 530 #

2017/0332(COD)

Proposal for a directive
Article 13 – paragraph 1 – point b
(b) setting up and maintaining outdoors and or indoors equipment for free access to water intended for human consumption in public spaces; these measures must be adapted to local conditions such as climate and geography.
2018/06/19
Committee: ENVI
Amendment 561 #

2017/0332(COD)

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary and appropriate measures to ensure access to water intended for human consumption for vulnerable and marginalised groups.
2018/06/19
Committee: ENVI
Amendment 597 #

2017/0332(COD)

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point i
(i) measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(5);deleted
2018/06/19
Committee: ENVI
Amendment 600 #

2017/0332(COD)

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point ii
(ii) treatment and distribution of water intended for human consumption;deleted
2018/06/19
Committee: ENVI
Amendment 614 #

2017/0332(COD)

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point iii
(iii) waste water collection and treatment;deleted
2018/06/19
Committee: ENVI
Amendment 630 #

2017/0332(COD)

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) information on water quality;
2018/06/19
Committee: ENVI
Amendment 689 #

2017/0332(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2a. The Commission shall, no later than [five years after the final deadline for transposition of this Directive] — and afterwards where appropriate —submit a report to the European Parliament and to the Council on the potential threat to sources of drinking water from microplastics, medicines and, if necessary, other newly occurring pollutants and on the appropriate associated potential health risks. The Commission shall be empowered to adopt, if necessary, delegated acts in accordance with Article 19 establishing maximum levels for microplastics, medicinal products and other newly occurring pollutants in drinking water.
2018/06/19
Committee: ENVI
Amendment 739 #

2017/0332(COD)

Proposal for a directive
Annex II – part B – point 2 – table 1
Table 1 Minimum frequency of sampling and analysis for compliance monitoring Volume (m3) of water distributed Minimum number of samples per year or produced each day within a supply zone ≤ 10 Microbiological Chemical parameters parameters (Group (Group B) A) < 10* >0 >0 ≥ 10 10a ≤ 100 4a 1 > 100 ≤ 1 000 12a 10a 1 > 1 000 ≤ 10 000 50b 12b 1 +3 +1 for each 1 000 m3/d for each 4 500 m3/d and and part thereof of part thereof of the total the total volume volume > 10 000 ≤ 100000 3 +1 for each 10 000 m3/d 365 > 100 000 365 and part thereof of the total volume > 100000 12 +1 for each 25 000 m3/d and part thereof of the total volume a: all samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high. b: at least 10 samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high. *: The Member State may leave it up to the competent supervisory authority to decide which parameters are to be investigated and how often. The key parameters must be examined at least once a year.
2018/07/02
Committee: ENVI
Amendment 748 #

2017/0332(COD)

Proposal for a directive
Annex II a (new)
Minimum hygiene requirements for substances and materials for the manufacture of new products coming into contact with water intended for human consumption: (a) A list of substances approved for use in the manufacture of materials, including, but not limited to, organic materials, elastomers, silicones, metals, cement, ion exchange resins and composite materials, and products made therefrom. (b) Specific requirements for the use of substances in materials and products made therefrom. (c) Specific restrictions on the migration of certain substances into the drinking water. (d) Hygiene rules regarding other properties required for compliance. (e) Basic rules to verify compliance with (a) to (d). (f) Rules concerning sampling and analysis methods to verify compliance with (a) to (d).
2018/07/02
Committee: ENVI
Amendment 770 #

2017/0332(COD)

Proposal for a directive
Annex IV – paragraph 1 – point 2 – introductory part
(2) the most recent monitoring results for parameters listed in Annex I, parts A and B, including frequency and location of sampling points, relevant to the area of interest to the person supplied, together with the parametric value set in accordance with Article 5. The monitoring results must not be older than:
2018/07/02
Committee: ENVI
Amendment 44 #

2017/0309(COD)

Proposal for a decision
Recital 5
(5) Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters, notably with a view to maximising overall Union support to disaster risk management. Administrative burden should be reduced andIt is essential to reduce the administrative burden and to strengthen prevention policies strengthened, including by ensuring necessaryreinforcing links towith other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/201313. _________________ 13 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 ( OJ L 347, 20.12.2013, p. 320).
2018/04/12
Committee: ENVI
Amendment 59 #

2017/0309(COD)

Proposal for a decision
Recital 6 a (new)
(6a) The role of regional and local authorities in disaster prevention and management is of great importance and their response capacities need to be appropriately involved in the activities carried out under this Decision, in accordance with Member States' institutional and legal framework. These authorities can play an important preventive role and they are also the first to react in the aftermath of a disaster.
2018/04/12
Committee: ENVI
Amendment 71 #

2017/0309(COD)

Proposal for a decision
Recital 9
(9) In order to strengthenTraining, research and innovation are essential aspects of cooperation in the civil protection field. The efficiency and effectiveness of training and exercises and enhance, the promotion of innovations and the dialogue and co-operation between Member States' national civil protection authorities and services it is necessary to establish a Union Civil Protection Knowledge Network that isshould be strengthened on the basedis onf existing structures.
2018/04/12
Committee: ENVI
Amendment 105 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 3
Decision No 1313/2013/EU
Article 5 – paragraph 1 – point a
(a) take action to improve the knowledge base on disaster risks and facilitate the dialogue, sharing of knowledge and cooperation, the results of scientific research and innovation, best practices and information, including among Member States that share common risks.
2018/04/12
Committee: ENVI
Amendment 116 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 4 – point a
Decision No 1313/2013/EU
Article 6 – point a
(a) develop risk assessments at national or appropriate sub-national level and make them available to the Commission by 22 December 2018 and every three years thereafter and, in this context, existing national information systems should be used;
2018/04/12
Committee: ENVI
Amendment 128 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 4 – point b
Decision No 1313/2013/EU
Article 6 – subparagraph 2
A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures, by 31 January 2019 and every three years thereafter. In addition, the Commission may require Member States to provide specific prevention and preparedness plans, which shall cover both short- and long-term efforts. The Union shall duly consider the progress made by the Member States with respect to disaster prevention and preparedness as part of any future ex-ante conditionality mechanism under the European Structural and Investment Funds. In this context, the additional administrative burden at national and sub-national levels shall be kept as low as possible.
2018/04/12
Committee: ENVI
Amendment 131 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 4 – point c
Decision No 1313/2013/EU
Article 6 – subparagraph 3
(e) The Commission may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters. In addition, the Member States concerned should also be given the opportunity to initiate such a consultation.
2018/04/12
Committee: ENVI
Amendment 140 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 6 – point b
Decision No 1313/2013/EU
Article 11 – paragraph 2
2. On the basis of identified risks, the Commission shallrisks and needs identified on the ground, the Commission shall, in cooperation with the competent authorities of Member States, define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2).
2018/04/12
Committee: ENVI
Amendment 148 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 6 – point c
Decision No 1313/2013/EU
Article 11 – paragraph 7
7. Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless Member States are faced with an exceptional situation substantially affecting the discharge of national tasks or a technical and personal need exists.
2018/04/12
Committee: ENVI
Amendment 152 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 6 – point c
Decision No 1313/2013/EU
Article 11 – paragraph 8
In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn when Member States are faced with an exceptional situation substantially affecting the discharge of national tasks preventing themprevented from keeping those response capacities available. In such cases, the Commission shall be consultinformed.
2018/04/12
Committee: ENVI
Amendment 156 #

2017/0309(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 7
Decision No 1313/2013/EU
Article 12
[...]deleted
2018/04/12
Committee: ENVI
Amendment 379 #

2017/0293(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 4
The Commission may adjust the cap with effect from 2025 onwards. Those adjustments shall be performed by means of delegated acts in accordance with Article 16. 1 onwards. The Commission will also propose a system of incentives for placing on the market renewably-produced progressive alternative fuels which should come into operation by 2025. At the same time as these proposals, the Commission will also set out in a notification the procedure for converting this regulation to a life-cycle approach for the post-2030 period. Those adjustments shall be performed by means of delegated acts in accordance with Article 16, with the exception of the shift to a life-cycle approach, which will be undertaken in the context of the ordinary legislative procedure.
2018/05/28
Committee: ENVI
Amendment 59 #

2017/0291(COD)

Proposal for a directive
Recital 6
(6) Public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU24 and 2014/25/EU25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods, works and services. In particular, they set overall thresholds for the volume of contracts to be subject to Union legislation, which also apply to the Clean Vehicles Directive. In order to achieve this goal, the Directive must set out clear and transparent requirements and a simple calculation method for procurement objectives. _________________ 24 OJ L 94, 28.3.2014, p. 65. 25 OJ L 94, 28.3.2014, p. 243.
2018/06/07
Committee: ENVI
Amendment 67 #

2017/0291(COD)

Proposal for a directive
Recital 9
(9) Extending the scope of the Directive by including practices such as lease, rental and hire-purchase of vehicles, as well as contracts for public road transport services, special purpose road transport passenger services, non- scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered. Sanctions on the grounds of non-respect of the thresholds should not be permitted if they cannot be complied with because of the unavailability of marketable, technically-reliable vehicles in accordance with EU standards or excessive demand.
2018/06/07
Committee: ENVI
Amendment 74 #

2017/0291(COD)

Proposal for a directive
Recital 10
(10) There is widespread support from key stake amended Directive shoulders for a definition of clean vehicles taking account of reduction requireme contribute to a reduction of emissions of air pollutants forand greenhouse gases and air pollutant emissions from light- and heavy- duty vehicles. To ensure that there are adequate incentives to supporting market- uptake of low- and zero- emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO2 emission performance of cars and vans for the post-202026 period. Furthermore, the amended Directive shares the aim of, inter alia, promoting clean road transport with Directive 2014/94/EU. Consequently, the definition of a clean vehicle needs to be aligned with the provisions of Directive 2014/94/EU. This adjustment will create long-term predictability and stability in EU law and ensure the protection of investments made in alternative fuel infrastructures. Action carried out under the amended Directive will contribute to continued compliance with the requirements of these standards. A more ambitious approach for public procurement can provide an important additional market stimulus. _________________ 26 COM(2017) 676 final.
2018/06/07
Committee: ENVI
Amendment 82 #

2017/0291(COD)

Proposal for a directive
Recital 10 a (new)
(10a) The market for heavy goods vehicles is lagging way behind the evolution of the market for light goods vehicles, so that there is a need for more flexibility in defining clean heavy goods vehicles. Such a definition must be technology-neutral and include alternatives to fully electric vehicles such as natural gas, fuel cells, biofuels, hybrid vehicles and other forms of propulsion in line with the EURO 6 standard.
2018/06/07
Committee: ENVI
Amendment 89 #

2017/0291(COD)

Proposal for a directive
Recital 10 b (new)
(10b) In order to achieve an improvement in air quality in municipalities, it is crucial to renew the transport fleet and bring it up to clean vehicle standard. Furthermore, the principles of the circular economy require the extension of product life. Therefore, the retrofitting of vehicles must comply with the clean vehicle standard as set out in this Directive and must count towards achievement of the minimum procurement targets set out in Tables 4 and 5 in the Annex.
2018/06/07
Committee: ENVI
Amendment 103 #

2017/0291(COD)

Proposal for a directive
Recital 12
(12) Setting minimum targets for clean vehicle procurement by 2025 and bystarting from 2025 and increasing to 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.
2018/06/07
Committee: ENVI
Amendment 110 #

2017/0291(COD)

Proposal for a directive
Recital 13 a (new)
(13a) The availability of recharging and refuelling infrastructure is a prerequisite for the operation of clean vehicles.
2018/06/07
Committee: ENVI
Amendment 161 #

2017/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2009/33/EC
Article 3 – introductory part
This Directive shall apply to new contracts for the purchase, lease, rent or, hire-purchase or retrofitting of road transport vehicles by:which are concluded from 1 January 2025
2018/06/07
Committee: ENVI
Amendment 193 #

2017/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2009/33/EC
Article 4 – paragraph 1 – point 4 – point c
(c) a vehicle of category M3, N2 or N3, as defined in Table 3 in the Annex, classified under Article 2(1) of Directive 2014/94/EU as operating with alternative fuels, including hybrid vehicles using electricity in only certain parts of their operation.
2018/06/07
Committee: ENVI
Amendment 201 #

2017/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2009/33/EC
Article 4 – paragraph 1 – point 4 a (new)
4a. a vehicle retrofitted to clean vehicle standard with an engine retrofitted to the standard of a clean vehicle as defined in point 4 of the first paragraph of this Article.
2018/06/07
Committee: ENVI
Amendment 224 #

2017/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
1. Member States shall ensure that purchase, lease, rent or hire-purchase or retrofitting to clean or zero-emission vehicle standard of road transport vehicles, and public service contracts on public passenger transport by road and rail and public service contracts as referred to in Article 3 of this Directive comply with the minimum procurement targets for light- duty vehicles referred to in table 4 of the Annex and for heavy-duty vehicles referred to in Table 5 in the Annex . An increase in the number of underground lines, trams and suburban rail lines can also be counted towards achieving the quota in Table 5 of Annex 1.
2018/06/07
Committee: ENVI
Amendment 251 #

2017/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/33/EC
Article 5 a (new)
(5a) Article 5a Financial resources 1. Member States should make sufficient funds available to purchase clean road vehicles and promote the installation of the associated infrastructure. These funds should be made available after a thorough evaluation of the need of public institutions for funding and should correspond to the public procurement objectives. 2. The EU should make additional funding opportunities available in order to promote greater use of clean vehicles and the installation of the associated infrastructure in the Member States. 3. The Member States should continue to look for opportunities to reduce the financial burden of introducing clean road vehicles, for example by means of tax relief.
2018/06/07
Committee: ENVI
Amendment 182 #

2017/0143(COD)

Proposal for a regulation
Recital 21
(21) In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply threfive years after the entry into force of this Regulation. PEPP providers should be able to enter into compartment partnerships in order to fulfil this requirement. However, upon launching a PEPP, the provider should provide, in the contract, information on which national compartments are immediately available, in order to avoid a possible misleading of consumers.
2018/05/03
Committee: IMCO
Amendment 201 #

2017/0143(COD)

Proposal for a regulation
Recital 29 a (new)
(29a) PEPP providers should draw up contribution plans and prognoses, focusing on the value of the funds, return on investment, estimated inflation and economic growth, addressed to PEPP savers.
2018/05/03
Committee: IMCO
Amendment 205 #

2017/0143(COD)

Proposal for a regulation
Recital 30
(30) PEPP providers should inform PEPP savers sufficiently in advance before retirement about their pay-out options. When doing so, they should also remind PEPP savers about the possibility of switching from one pay-out option to another. The standard option should enable a lump sum payment of up to 30% to be made, with the remainder payable as a lifetime annuity. Where the retirement benefit is not paid out as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirement.
2018/05/03
Committee: IMCO
Amendment 277 #

2017/0143(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 24
24. “default investmentstandard option" means an investment strategy applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPP account; pension product which every provider must offer and which may be based on a range of investment strategies.
2018/05/03
Committee: IMCO
Amendment 424 #

2017/0143(COD)

Proposal for a regulation
Article 23 a (new)
Article 23a Form and content of the key information document 1. The title 'Key Information Document' shall appear prominently at the top of the first page of the key information document. The key information document shall be presented in the sequence laid down in paragraphs 2 and 3. 2. An explanatory statement shall appear directly underneath the title of the key information document. ‘This document provides you with key information about this pension product. It is not marketing material. The information is required by law to help you understand the nature, risks, costs, potential gains and losses of this product and to help you compare it with other products. 3. The key information document shall consists of two parts. The first general part shall describe the general PEPP information. The second special part shall describe the information, which varies between Member States. 4. The key information document shall contain the following general information: (a) at the beginning of the document, the name of the PEPP, the identity and contact details of the PEPP manufacturer, information about the competent authority of the PEPP manufacturer and the date of the document; (b) if it is not the standard investment product, a warning with the following wording: ‘You are about to purchase a product that is not simple and may be difficult to understand.’; (c) under a section titled ‘What is this product?’, the nature and main features of the PEPP, including: i) a description of the retirement benefits and the extent to which they are guaranteed; (ii) Information about existing tax incentives or other benefits; (iii) where applicable, whether there is a cooling off period or cancellation period for the PEPP; (iv) any minimum or maximum period for belonging to the PEPP scheme; (v) the retirement age; (vi) general information on the portability service, including information on the compartments; (vii) general information on the switching service, and a reference to the specific information about the switching service available under Article 50; viii) available information related to the performance of the investment policy in terms of environmental, social and governance factors; (ix) the law applicable to the PEPP contract where the parties do not have a free choice of law or, where the parties are free to choose the applicable law, the law that the PEPP provider proposes to choose. (x) Under the title ‘What are the costs?’, the costs associated with an investment in the PEPP, comprising both direct and indirect costs, including one- off and recurring costs, presented by means of summary indicators of these costs and, to ensure comparability, total aggregate costs expressed in monetary and percentage terms, to show the compound effects of the total costs on the investment. (xi) a clear indication that advisors, distributors or any other person advising on, or selling, the PEPP will provide information detailing any cost of distribution that is not already included in the costs specified above, so as to enable the PEPP saver to understand the cumulative effect that these aggregate costs have on the return of the investment; (xii) Details of the forms of payment and the payout phase; (xiii) an indication that a change in the form of payment may have an impact on tax incentives or benefits; (xiv) under a section titled ‘How can I complain?’, information about how and to whom a PEPP saver can make a complaint about the product or the conduct of the PEPP provider or a person advising on, or selling, the product; xv) under a section titled ‘Other relevant information’, a brief indication of any additional information documents to be provided to the PEPP saver at the pre- contractual and/or the post-contractual stage, excluding any marketing material. 5. In the case of a non-standard investment product, PEPP and PEPP distributors shall be covered by Article 8 (3) (d) and (e) accordingly. 6. The PEPP manufacturer shall review the information contained in the key information document regularly and shall revise the document where the review indicates that changes need to be made. The revised version shall be made available promptly to the PEPP customer.
2018/05/03
Committee: IMCO
Amendment 531 #

2017/0143(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. TIn the default investment option shall ensure capital protection for the PEPP saver,option, the PEPP provider shall guarantee the PEPP saver that the capital accumulated by the start onf the basis of a risk- mitigation technique that results in a safe investment strategypay-out phase will at least equal the contributions paid including all costs and charges. This condition shall apply to all investment options offered under the default option.
2018/05/03
Committee: IMCO
Amendment 6 #

2016/2305(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Reminds that the digital divide represented by the connectivity gap between rural and metropolitan areas needs to be closed since the EU cannot afford to miss opportunities to connect rural areas, that are largely behind in the light of the results of the EC's Digital Economy & Society Index (DESI) - broadband is available to 71% of European homes but only to 28% in rural areas, mobile broadband (4G and others) is available to 86% of European homes but only to 36% in rural areas;
2017/02/16
Committee: IMCO
Amendment 10 #

2016/2305(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Welcomes EC's intention to work with the MS's and industry towards the voluntary establishment of a common timetable for the launch of early 5G networks by the end of 2018, followed by the launch of fully commercial 5G services in Europe by the end of 2020;
2017/02/16
Committee: IMCO
Amendment 26 #

2016/2305(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Welcomes the Connecting Europe Broadband Fund, a fund for broadband infrastructure open to participation of National Promotional Banks and Institutions and of private investors, which will be a step further to bring infrastructure investments to underserved less populated and rural and remote areas;
2017/02/16
Committee: IMCO
Amendment 49 #

2016/2305(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines the still unimaginable opportunities of cloud technologies, big data and the Internet of Things offer for being a driver of growth and jobs and to improving the lives of every citizen – provided that reliable connectivity reaches everyplace;
2017/02/16
Committee: IMCO
Amendment 57 #

2016/2305(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Insists not only in the urgency of accelerating investments on research and innovation on 5G technology but also on the development of more efficient ways to bring swiftly the results of research and innovation to the marketplace;
2017/02/16
Committee: IMCO
Amendment 66 #

2016/2305(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls the need to raise further public awareness of the benefits of the use of Internet for citizens and for businesses since it enhances economic and social opportunities and is a tool that may foster inclusion and create increased opportunities for less developed areas of the Union;
2017/02/16
Committee: IMCO
Amendment 74 #

2016/2305(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Advocates to go beyond the use of mere economic indicators to measure the impact of the technology and to complete the image with socioeconomic indicators;
2017/02/16
Committee: IMCO
Amendment 7 #

2016/2276(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the raison d'être of the digital single market is to avoid fragmentation between national legislations and to abolish technical, legal and tax barriers to allow businesses, citizens and consumers to fully benefit from digital tools and services;
2017/03/27
Committee: ITREIMCO
Amendment 41 #

2016/2276(INI)

Motion for a resolution
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more activen important role in relation to consumers and other actors;
2017/03/27
Committee: ITREIMCO
Amendment 46 #

2016/2276(INI)

Motion for a resolution
Recital F
F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices engaged in by online platforms towards their business users;
2017/03/27
Committee: ITREIMCO
Amendment 50 #

2016/2276(INI)

Motion for a resolution
Recital F a (new)
F a. whereas numerous consultations with consumers and other stakeholders have proved that the terms of use and conditions provided by internet platforms in many cases are lacking clarity and user-friendly form;
2017/03/27
Committee: ITREIMCO
Amendment 51 #

2016/2276(INI)

Motion for a resolution
Recital F b (new)
F b. whereas some online platforms serve as gateways, serious concerns arise when they become gatekeepers restricting access to consumers and to business opportunities, in particular where they also compete directly in downstream markets, for which they control access to ;
2017/03/27
Committee: ITREIMCO
Amendment 80 #

2016/2276(INI)

Motion for a resolution
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; believes, therefore, that a consideration should be given to the question of whether there is a need to complement the current legal framework in order to remedy this situation;
2017/03/27
Committee: ITREIMCO
Amendment 91 #

2016/2276(INI)

Motion for a resolution
Paragraph 5
5. NoteRegrets that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to uncertainty for businesses and to fragmentation of the EU’s internal market through a proliferation of regional or national rules; stresses the difficulties to regulate a concept which is not even defined at the European level;
2017/03/27
Committee: ITREIMCO
Amendment 101 #

2016/2276(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Commission's ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment, and considers that Online Platforms shall be defined at the European level taking into account their characteristics and differences, such as their sector of activities and the level of interaction to avoid any fragmentation in the EU;
2017/03/27
Committee: ITREIMCO
Amendment 114 #

2016/2276(INI)

Motion for a resolution
Paragraph 8
8. Notes that certain features ofonline platforms are, to a greater or lesser extent, characterise online platforms, such asd by certain common features which include their operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
2017/03/27
Committee: ITREIMCO
Amendment 138 #

2016/2276(INI)

Motion for a resolution
Paragraph 10
10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobileconnected devices;
2017/03/27
Committee: ITREIMCO
Amendment 147 #

2016/2276(INI)

Motion for a resolution
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablet, tablets and internet of things has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people;
2017/03/27
Committee: ITREIMCO
Amendment 158 #

2016/2276(INI)

Motion for a resolution
Paragraph 13
13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital sinternalgle market;
2017/03/27
Committee: ITREIMCO
Amendment 177 #

2016/2276(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Emphasises that simplified rules should apply to newly established firms and new online platforms and that they should also benefit SMEs;
2017/03/27
Committee: ITREIMCO
Amendment 186 #

2016/2276(INI)

Motion for a resolution
Paragraph 16
16. Notes that some online platforms realisenable the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;
2017/03/27
Committee: ITREIMCO
Amendment 207 #

2016/2276(INI)

Motion for a resolution
Paragraph 18
18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability and calls on the Commission to develop further steps to that effect;
2017/03/27
Committee: ITREIMCO
Amendment 219 #

2016/2276(INI)

Motion for a resolution
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and find it insufficiently clear and welcomes the Commission’s undertaking to publish guidelinesance on intermediary liability; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services online and offline;
2017/03/27
Committee: ITREIMCO
Amendment 230 #

2016/2276(INI)

Motion for a resolution
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
2017/03/27
Committee: ITREIMCO
Amendment 242 #

2016/2276(INI)

Motion for a resolution
Paragraph 22
22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory, effective co- and self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal goods and illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring; stresses that in cases where these co- and self-regulatory measures prove to be inefficient to achieve the required aim, Member States remain free to adopt regulatory measures;
2017/03/27
Committee: ITREIMCO
Amendment 267 #

2016/2276(INI)

Motion for a resolution
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
2017/03/27
Committee: ITREIMCO
Amendment 273 #

2016/2276(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Invites the Commission to rapidly conclude its review of the need for formal notice-and-action procedures as a promising way to strengthen the liability regime in a harmonised way across the EU;
2017/03/27
Committee: ITREIMCO
Amendment 275 #

2016/2276(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Believes that the compliance with the General Data Protection Regulation and Network and Information Security Directive is essential as regards data ownership, access and transferability, as well as liability;
2017/03/27
Committee: ITREIMCO
Amendment 295 #

2016/2276(INI)

Motion for a resolution
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures and in avoiding lock-in situations;
2017/03/27
Committee: ITREIMCO
Amendment 306 #

2016/2276(INI)

Motion for a resolution
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technologyical neutrality and having the same rules apply online and offline;
2017/03/27
Committee: ITREIMCO
Amendment 314 #

2016/2276(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Emphasises that simplified rules should apply to newly established firms and new online platforms; points out that such rules would also benefit SMEs and give SMEs and start-ups a better competitive toehold from the outset;
2017/03/27
Committee: ITREIMCO
Amendment 320 #

2016/2276(INI)

Motion for a resolution
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation and the legitimate interests of users;
2017/03/27
Committee: ITREIMCO
Amendment 326 #

2016/2276(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Points out that many online platforms draw on customer evaluations and that a good many suppliers gain a competitive advantage through false evaluations; stresses, therefore, that checks should be carried out to determine whether evaluations are genuine;
2017/03/27
Committee: ITREIMCO
Amendment 345 #

2016/2276(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Welcomes the Commission intention to further assess any additional need to update existing consumer protection rules in relation to platforms as part of the REFIT check of EU consumer and marketing law in 2017;
2017/03/27
Committee: ITREIMCO
Amendment 347 #

2016/2276(INI)

Motion for a resolution
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; considers that online platforms should fully respect existing EU legislation and should avoid using complex terms and conditions that are hardly understandable for consumers;
2017/03/27
Committee: ITREIMCO
Amendment 356 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
2017/03/27
Committee: ITREIMCO
Amendment 357 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 b (new)
32 b. Stresses that transparency and impartiality are vital principles in this economy and that even complex algorithms have to respect them;
2017/03/27
Committee: ITREIMCO
Amendment 358 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 c (new)
32 c. Welcomes the Update of the Guidance of the UCPD which aims to make clearer how the Directive should be applied in the ecosystem of online platforms;
2017/03/27
Committee: ITREIMCO
Amendment 359 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 d (new)
32 d. Stresses the importance of greater transparency for users to understand how the information presented to them is filtered, shaped or personalised;
2017/03/27
Committee: ITREIMCO
Amendment 360 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 e (new)
32 e. Underlines that differences between sponsored and any other content must be clearly made, and that criteria used to rank offers of information, such as in search engines or comparison sites, must be known;
2017/03/27
Committee: ITREIMCO
Amendment 361 #

2016/2276(INI)

Motion for a resolution
Paragraph 32 f (new)
32 f. Believes that online platform providers should inform consumers about the ranking systems and principles, including the sponsored search results and online rating and review systems in a clear and visible manner in order to enable an informed choice;
2017/03/27
Committee: ITREIMCO
Amendment 376 #

2016/2276(INI)

Motion for a resolution
Paragraph 34 a (new)
34 a. Considers that, in order to ensure a balanced approach and avoid the over- regulation, criteria and a market power threshold should be defined to include those platforms that are gatekeepers and control access to the final consumers; considers that a focused legislative instrument, based on principles only applicable to these platforms, should prohibit a certain set of practices, in particular where they are detrimental to consumers and market competitiveness;
2017/03/27
Committee: ITREIMCO
Amendment 380 #

2016/2276(INI)

Motion for a resolution
Paragraph 35
35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectivelyoblige all intermediaries in the value chain, including internet service providers, to contribute to the fight against counterfeiting by adopttaking proactive, proportionate and effective measures to prevent the marketing, promotion and distribution of counterfeited goods; _________________ 6 OJ L 195, 2.6.2004, p. 16.
2017/03/27
Committee: ITREIMCO
Amendment 431 #

2016/2276(INI)

Motion for a resolution
Paragraph 40 b (new)
40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
2017/03/27
Committee: ITREIMCO
Amendment 436 #

2016/2276(INI)

Motion for a resolution
Paragraph 42
42. WHaving in mind the recent revelations involving big digital companies and their tax planning practices in the EU, welcomes the efforts made by the Commission to fight tax avoidance and harmful competition and calls on the Member States and the Commission to propose further reforms to prevent tax avoidance practices in the EU;
2017/03/27
Committee: ITREIMCO
Amendment 440 #

2016/2276(INI)

Motion for a resolution
Paragraph 43
43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; considers that this would be more adapted to the digital environment and would make easier for tax administrations to collect it; _________________ 7 European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.
2017/03/27
Committee: ITREIMCO
Amendment 450 #

2016/2276(INI)

Motion for a resolution
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new globally competitive economy;
2017/03/27
Committee: ITREIMCO
Amendment 460 #

2016/2276(INI)

Motion for a resolution
Paragraph 45 a (new)
45 a. Considers that the EU must now establish a positive agenda to imagine the world of tomorrow and carve out a central role within it;
2017/03/27
Committee: ITREIMCO
Amendment 461 #

2016/2276(INI)

Motion for a resolution
Paragraph 45 b (new)
45 b. Believes that Europe has the potential to become a major player in the digital world and considers that the EU should pave the way for an innovation- friendly climate in Europe by ensuring a watertight legal framework protecting all stakeholders;
2017/03/27
Committee: ITREIMCO
Amendment 462 #

2016/2276(INI)

Motion for a resolution
Paragraph 45 c (new)
45 c. Calls on the European Institutions to foster the development of European start-ups and help set up market-leading European online platforms, provide suitable financing arrangements, protect consumers (e.g. by establishing a European fairness rating agency with legal and technical expertise for instance), and adopt the necessary rules;
2017/03/27
Committee: ITREIMCO
Amendment 4 #

2016/2274(INI)

Motion for a resolution
Recital A
A. whereas the European standardisation system is a central element in the delivery of the single market and whereas the Commission’s action to set out a common vision for European standardisation is a direct result of the Juncker Commission’s ten priorities and, in particular, the priorities on Connected Digital Single Market and the Single Market Strategy;
2017/02/16
Committee: IMCO
Amendment 8 #

2016/2274(INI)

Motion for a resolution
Recital C
C. whereas European standards need to be developed in an open, inclusive and transparent system, based on consensus among all stakeholders, with the aim of defining strategic technical or quality requirements with which current or future products, production processes, services or methods may comply, and whereas the European standardisation system plays a key role in responding to the increasing need, in European policy and legislation, for standards capable of ensuring product safety, accessibility, innovation, interoperability and sustainability;
2017/02/16
Committee: IMCO
Amendment 12 #

2016/2274(INI)

Motion for a resolution
Recital D
D. whereas standards are a necessary tool for the operation of the Single Marketa modern and flexible European standardisation system is a crucial component for an ambitious and renewed European industrial policy, and whereas ithey can enhance European competitiveness, growth and innovation, and support quality, businesses performance and the protection of consumers, workers and the environment;
2017/02/16
Committee: IMCO
Amendment 26 #

2016/2274(INI)

Motion for a resolution
Paragraph 2
2. Acknowledges the specificity and importance of the ESS to all stakeholders, including SMEs, consumers and workers, and calls on the Commission to ensure that the European system will continue to exist and that it maintains sufficient resources to fulfil the objectives of Regulation 1025/2012; which should, inter alia, ensure interoperability, legal certainty and the application of appropriate safeguards, while minimising additional burdens for business, risks for users and obstacles to the free movement of information technology;
2017/02/16
Committee: IMCO
Amendment 41 #

2016/2274(INI)

Motion for a resolution
Paragraph 4
4. DeemsStresses that the review of the European standardisation system must contribute to European innovation and enhance the Union's competitiveness, strengthen its place in international trade and benefit the welfare of its citizens; deems therefore it important that European standards are promoted at a global level and that the Commission and Member States work in this direction, and pay more attention to the global role and relevance of standards, when getting involved in standardisation work;
2017/02/16
Committee: IMCO
Amendment 53 #

2016/2274(INI)

Motion for a resolution
Paragraph 7
7. Notes that Regulation 1025/2012 has improved the inclusiveness of the ESS, but regrets that there are still many practical barriers for SMEs, consumers, workers and environmental organisations to participate actively in the standardisation processstresses that SMEs, although they represent an essential part of the European market, are not adequately involved in the standardisation system and cannot, therefore, exploit entirely the benefits derived from standardisation; believes that it is essential to improve their representation and participation in the standardization system; asks the Commission to identify, through its impact assessment in the context of the revision of the European standardisation system, the best way to reach this aim, and calls on the Commission to address the challenges to further involvement;
2017/02/16
Committee: IMCO
Amendment 62 #

2016/2274(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Considers that the European ICT standardisation should be part of a European digital strategy to create economies of scale, budget savings and improved competitiveness for European companies, and to increase cross-sectoral and cross-border interoperability of goods and services through the faster definition, in an open and competitive way, of voluntary, market-driven and global standards that are easily implemented by SMEs;
2017/02/16
Committee: IMCO
Amendment 65 #

2016/2274(INI)

Motion for a resolution
Paragraph 10
10. Supports opentresses that open, voluntary, inclusive and consensus-oriented standardisation processes have been effective as a driver of innovation, interconnectivity and deployment of technologies, butand recalls that it is also important to ensure proper investment and expertise in, and the development of, cutting-edge technologies;
2017/02/16
Committee: IMCO
Amendment 4 #

2016/2272(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas a balance must be struck between extending the lifetime of products and innovation, research and development;
2017/02/15
Committee: IMCO
Amendment 5 #

2016/2272(INI)

Motion for a resolution
Recital C
C. whereas the study commissioned by the Committee on the Internal Market and Consumer Protection demonstratshows that broad- based policy measures thare needed to promote the circular economy, in particular through public policya longer lifetime for products;
2017/02/15
Committee: IMCO
Amendment 7 #

2016/2272(INI)

Motion for a resolution
Recital D
D. whereas a usage-based economic model has emerged which can help to reduce the adverse environmental and social consequthe functional economy could provide an answer to the wide range of challencges of a model based largely on the ownership of goodsfacing consumers today;
2017/02/15
Committee: IMCO
Amendment 15 #

2016/2272(INI)

Draft opinion
Recital B a (new)
Ba. whereas, as the circular economy develops, further steps must be taken to encourage the repairability, adaptability, upgradeability, durability and recycleability of products, in order to extend the lifetimes and the useful life of products and/or product components;
2017/03/08
Committee: ENVI
Amendment 18 #

2016/2272(INI)

Motion for a resolution
Recital F
F. whereas the second-hand market plays a role in the social andgreater harmonisation of the arrangements for the re-use of products will boost the local economy and inthe integrating people in difficulty into the labour marketrnal market by creating new jobs and stimulating demand for used goods;
2017/02/15
Committee: IMCO
Amendment 21 #

2016/2272(INI)

Draft opinion
Recital B b (new)
Bb. whereas ever greater product diversity, ever shorter innovation cycles and constantly changing fashions are increasing the frequency with which new products are purchased and thus shortening the useful life of products;
2017/03/08
Committee: ENVI
Amendment 26 #

2016/2272(INI)

Draft opinion
Recital B c (new)
Bc. whereas a balance should be struck between the aim of extending product lifetimes and safeguarding an environment which still offers incentives for innovation and further development;
2017/03/08
Committee: ENVI
Amendment 27 #

2016/2272(INI)

Motion for a resolution
Recital J
J. whereas, despite the EESC study of March 2016 establishing a positive link between product lifetime labelling and consumer behaviour, the information provided to consumers on the durability and reparability of products is still poor and inconsistentconsumers are not being properly informed about the lifetimes of products;
2017/02/15
Committee: IMCO
Amendment 28 #

2016/2272(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the lifetime of a product and the way it ages are determined by various natural or artificial factors, for example composition, functionality, cost of repair and consumption patterns;
2017/02/15
Committee: IMCO
Amendment 30 #

2016/2272(INI)

Motion for a resolution
Recital J b (new)
Jb. whereas, in addition to a long lifetime, the level of quality of a product throughout its life cycle is fundamental to the contribution it makes to resource protection;
2017/02/15
Committee: IMCO
Amendment 32 #

2016/2272(INI)

Motion for a resolution
Recital K
K. whereas there has been an increase in the number of national initiatives to remedy the problem of premature obsolescence of goodpromote longer lifetimes for products, and whereas there is a need to develop a common strategy for the single market;
2017/02/15
Committee: IMCO
Amendment 36 #

2016/2272(INI)

Motion for a resolution
Recital L
L. whereas the lifetime of digital media is crucial to the lifetime of electronic appliances, and whereas, given that software is becoming obsolete more and more quickly, electronic appliances need to be adaptable in order to staydetermined by the compatibility of hardware and software and new technical developments often put an end to that compeatitive on the marketbility;
2017/02/15
Committee: IMCO
Amendment 40 #

2016/2272(INI)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises that the development of new business models, such as internet- based services, new forms of marketing, department stores selling only used goods and the more widespread availability of informal repair facilities (repair cafes, workshops in which people can do their own repairs) can help to extend product lifetimes and at the same time increase consumers' awareness of and trust in products with a long lifetime;
2017/03/08
Committee: ENVI
Amendment 43 #

2016/2272(INI)

Draft opinion
Paragraph 3
3. Emphasises that the qualities that make a product repairable, durable, reusable and recyclable should be incorporated into its design since the amount of resources that a product uses is largely determined at the design phase; points out that product design is an important factor in the transition to the circular economy, because it has implications for the life cycle of the product in question;
2017/03/08
Committee: ENVI
Amendment 46 #

2016/2272(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to establish minimum resistance criteria for each product category from the design stage, by workWelcomes the fact that the Commission is trying to develop requirements concerning in the European Committee for Electrotechnical Standardisation (CENELEC) to lay down standards which cover product robustness, reparability, upgradeability, etc.lifetime and greater environmental sustainability of products and the resultant benefits to consumers;
2017/02/15
Committee: IMCO
Amendment 53 #

2016/2272(INI)

Motion for a resolution
Paragraph 2
2. Calls for the eco-contribution to be geared to compliance wiWelcomes the fact that the revision of the Waste Package has strengthened the product lifetime extension criteria, in order to reward the efforts of the best manufacturersinciple of extended manufacturer liability and thus created incentives for more sustainable product design;
2017/02/15
Committee: IMCO
Amendment 58 #

2016/2272(INI)

Motion for a resolution
Subheading 2
Systematising reparabilProduct reparability and longevity
2017/02/15
Committee: IMCO
Amendment 61 #

2016/2272(INI)

Motion for a resolution
Paragraph 4 – introductory part
4. Calls on the Commission to develop the right to product reparability:take measures to promote the reparability of products;
2017/02/15
Committee: IMCO
Amendment 73 #

2016/2272(INI)

Motion for a resolution
Paragraph 4 – indent 3
- by insisting that parts which are essential to the functioning of the product are replaceable, and by including the product’s reparability among its ‘key features’,
2017/02/15
Committee: IMCO
Amendment 76 #

2016/2272(INI)

Draft opinion
Paragraph 5
5. Points out that the replaceability of batteries which have reached the end of their useful life is an important factor in extending product lifetimes; Calls on the Commission to consider reviewing the Batteries Directive (2006/66/EC) to include an obligation for manufacturers to design products in a way that makes battery replacement possible;
2017/03/08
Committee: ENVI
Amendment 80 #

2016/2272(INI)

Motion for a resolution
Paragraph 4 – indent 5
- by standardising the spare parts andencouraging the standardisation of the tools necessary for repair, in order to improve the performance of repair services,
2017/02/15
Committee: IMCO
Amendment 82 #

2016/2272(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out that responsible product use hinges on consumers being able accurately to assess the environmental impact of products on the basis of their life cycle, their environmental footprint and their quality;
2017/03/08
Committee: ENVI
Amendment 83 #

2016/2272(INI)

Motion for a resolution
Paragraph 4 – indent 6
- by poolroviding information on the availability of parts, repair guides, etc., where appropriate through the establishment of a digital platform;
2017/02/15
Committee: IMCO
Amendment 85 #

2016/2272(INI)

Draft opinion
Paragraph 5 b (new)
5b. Points out that an incentive for more sustainable product design can be provided by strengthening the principle of extended manufacturer liability and laying down minimum requirements to be met;
2017/03/08
Committee: ENVI
Amendment 93 #

2016/2272(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission to draw up measures on the provision to consumers, if appropriate only on a voluntary basis, of information on the expected lifetime of a product, the number of use cycles it is designed to withstand and the scope for having it repaired, so that consumers can make better informed purchasing decisions;
2017/03/08
Committee: ENVI
Amendment 103 #

2016/2272(INI)

Motion for a resolution
Paragraph 5 – indent 3
- by developing a clear and harmonised labelling system which provides information as to whether spare parts for goods are available or not, and for how long;deleted
2017/02/15
Committee: IMCO
Amendment 109 #

2016/2272(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to take measures to ensure that products which are still usable can be fed back into the circular economy more easily and more effectively;
2017/03/08
Committee: ENVI
Amendment 112 #

2016/2272(INI)

Motion for a resolution
Paragraph 7
7. Points out that the option of going to an independent repairer should always be safeguarded, for example by banning technical or software-related schemes which prevent repairs from being performed other than by approved firms or bodiesInsists that there should be the option of going to an independent repairer;
2017/02/15
Committee: IMCO
Amendment 117 #

2016/2272(INI)

Motion for a resolution
Paragraph 8
8. Calls for efforts to encourage the re-use of spare parts for the second-hand market, and stresses the importance of investing in 3D printing, in order to provide parts for professionals and consumers who wish to repair their own goods, and of encouraging the free dissemination of the catalogues for these parts;deleted
2017/02/15
Committee: IMCO
Amendment 122 #

2016/2272(INI)

Motion for a resolution
Subheading 3
Promoting a usage-oriented economic modelA new economic system to meet new challenges
2017/02/15
Committee: IMCO
Amendment 126 #

2016/2272(INI)

Motion for a resolution
Paragraph 9
9. Urges the Commission to focus on developing the functional economy and to conduct a study into the ways in which individual product families are fostering or holding back the development of this economic modelpromote responsible consumer behaviour in Member States and among stakeholders, including within education, and in the process take account of the sustainability of the functional economy;
2017/02/15
Committee: IMCO
Amendment 127 #

2016/2272(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Notes that comprehensive assessments must be carried out of product and service types providing added value for the internal market, consumers and resource protection measures before new economic systems such as the functional economy are introduced;
2017/02/15
Committee: IMCO
Amendment 128 #

2016/2272(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Member States: -to consult with the relevant stakeholders in order to develop a usage-based sales model which benefits everyone, -to step up their efforts at regulatory simplification and implement a fiscal policy which promotes the development of the functional economy, via reduced VAT rates, tax credits or endowments which encourage the rental, exchange and borrowing of goods; -to support local and regional authorities that are investing in the functional and collaborative economies;deleted
2017/02/15
Committee: IMCO
Amendment 139 #

2016/2272(INI)

Motion for a resolution
Paragraph 11
11. Urges the Member States to use their public policies to promote the functional economy, to ensure that the durability of products is taken into account in public procurement and to increase the re-use rate of equipment purchased by public authorities;
2017/02/15
Committee: IMCO
Amendment 144 #

2016/2272(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission, when promoting the circular economy, to stress the importance of product durability and to provide financial incentives for social and economic innovations supporting re-use, the usage economy and repairs;
2017/02/15
Committee: IMCO
Amendment 147 #

2016/2272(INI)

Motion for a resolution
Paragraph 13
13. Encourages the Commission to view re-usable and reconditionable electrical and electronic devices not as waste, but as resources, in order to make it easier for them to be passed on to social enterprises and associations that can make use of such goods and their components;deleted
2017/02/15
Committee: IMCO
Amendment 153 #

2016/2272(INI)

Motion for a resolution
Paragraph 14 – indent 1
- the promotion of a European label covering, in particular, the product’s durability, ecodesign features, upgradeability in line with technical progress and reparability,deleted
2017/02/15
Committee: IMCO
Amendment 157 #

2016/2272(INI)

Motion for a resolution
Paragraph 14 – indent 2
- mandatory labelling to indicate a product’s expected useful life, on the basis of standardised criteria set by selected stakeholders,deleted
2017/02/15
Committee: IMCO
Amendment 170 #

2016/2272(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls, where the anticipated lifetime of products is stated, for that information to be based on standard criteria;
2017/02/15
Committee: IMCO
Amendment 174 #

2016/2272(INI)

Motion for a resolution
Paragraph 15
15. Calls for local and regional authorities, companies and associations to be given help inall relevant stakeholders to conducting consumer awareness campaigns on extending the lifespans of products, in particular involving the provision of advice on maintenance, repair, re-use, etc.;
2017/02/15
Committee: IMCO
Amendment 178 #

2016/2272(INI)

Motion for a resolution
Subheading 5
Putting a stop to planned obsolescencedeleted
2017/02/15
Committee: IMCO
Amendment 179 #

2016/2272(INI)

Motion for a resolution
Paragraph 16
16. Calls for a definition to be drawn up of planned obsolescence, for hardware and software, so that products whose lifespan is deliberately shortened can be banned; calls, in that connection, for better legal protection for ‘whistle- blowers’;deleted
2017/02/15
Committee: IMCO
Amendment 197 #

2016/2272(INI)

Motion for a resolution
Paragraph 17 – indent 2
- by extendconsidering thea legal guarantee of conformity beyond the current two-year minimum for families of energy-using products on the basis of the product life cycle study carried out as part of the ecodesign process, and introducing a minimum period of five years for large household appliances and movable fixed assets gradually, so that companies can comply,
2017/02/15
Committee: IMCO
Amendment 201 #

2016/2272(INI)

- by simplifying proof of purchase for the consumer by linking the guarantee to the goods rather than the purchaser, through the introduction of digital proof of guarantee across the board;deleted
2017/02/15
Committee: IMCO
Amendment 206 #

2016/2272(INI)

Motion for a resolution
Paragraph 18
18. Calls for the implementation of a complaints mechanism at European level for cases in which the right to a guarantee is not implemented, in order to facilitate the monitoring of the application of European standards by the relevant authorities;deleted
2017/02/15
Committee: IMCO
Amendment 209 #

2016/2272(INI)

Motion for a resolution
Subheading 7
Protecting consumers against softwarefunctional obsolescence
2017/02/15
Committee: IMCO
Amendment 222 #

2016/2272(INI)

Motion for a resolution
Paragraph 21
21. Calls for the introduction of an eco-contribution penalty in cases where software updates essential to the operation of a device are not provided, and calls for theseessential software updates updates to be reversible and accompanied by information on the consequences for the operation of the device;
2017/02/15
Committee: IMCO
Amendment 7 #

2016/2271(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Stresses that the European Cloud Initiative, together with the upcoming Free Flow of Data Initiative and the legislative proposal with an aim to remove unjustified data location restrictions, have the potential to further incentivise the process of digitisation of European industry, especially SMEs and Start-ups and to avoid and counteract the fragmentation of the EU Single Market; calls on the Commission to monitor their adoption and coherent implementation in order to enable swift, trustworthy and seamless data sharing, storage and use across sectors while avoiding disproportionate burden for SMEs and Start-ups;
2016/12/16
Committee: IMCO
Amendment 9 #

2016/2271(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Urges the Commission and the Member States to maintain and further develop the openness of the EU single market, removing regulatory barriers, cutting red-tape and modernising regulation, which is key for fostering the business sector, especially for SMEs and start-ups, and ensuring the implementation process of digital services and tools;
2016/12/16
Committee: IMCO
Amendment 12 #

2016/2271(INI)

Draft opinion
Paragraph 2
2. Stresses the need for adequate and coherent regulatory framework and investment in research and innovation, infrastructures, cybersecurity, data protection and digital skills; calls on the Commission to investigate the impact of PPP and JTI in the context of the forthcoming interim evaluation of Horizon 2020;
2016/12/16
Committee: IMCO
Amendment 19 #

2016/2271(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Recalls that currently 30 parallel national and regional initiatives exist; highlights the importance of building synergies and transnational collaboration among existing national initiatives in order to ensure their better visibility, added value and the efficient use of resources;
2016/12/16
Committee: IMCO
Amendment 24 #

2016/2271(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Urges the Commission to introduce more clarity on the financing of the undertaken and upcoming initiatives facilitating the digitisation process, in particular with regard to the role of the EFSI, ESFI, H2020 and potential synergies between them, as well as on the estimated contribution from the Member States national budget;
2016/12/16
Committee: IMCO
Amendment 26 #

2016/2271(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Welcomes the Commission's intention to create Digital Innovation Hubs around Europe; stresses that these hubs should offer coaching, consultancy, and provide for the exchange of best practices, to encourage cross-border cooperation, and to ensure balanced inclusion of all EU regions;
2016/12/16
Committee: IMCO
Amendment 31 #

2016/2271(INI)

Draft opinion
Paragraph 3
3. Highlights the need to accelerate an effective plan for standardisation and to ensure full interoperability in the digital domain; calls on the Commission to promote the development of open, interoperable and industry-driven standards in all key domains, and welcomes its intention to guarantee access to standard essential patents under FRAND (fair, reasonable and non-discriminatory) conditions; reminds the Commission of the need to consider social and environmental aspects in the development of standards, and to ensure adequate participation of social partners and stakeholders at European, national and regional level, including new actors;
2016/12/16
Committee: IMCO
Amendment 35 #

2016/2271(INI)

Draft opinion
Paragraph 4
4. Underlines that today's supply chains across Europe and digitalisation raise challenges related to standardisation, regulatory measures and volume investment that can only be addressed at European level. Stresses that citizens’ and businesses’ trust in the digital environment is necessaryessential for unlocking the full potential of industry digitalisation; calls on the Commission to put in place a transparency communication model and to develop new instruments that foster trust;
2016/12/16
Committee: IMCO
Amendment 44 #

2016/2271(INI)

Draft opinion
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumercitizens’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’;
2016/12/16
Committee: IMCO
Amendment 55 #

2016/2271(INI)

Draft opinion
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditNotes that the ongoing digitalisation and particularly industry digitalisation would affect business and employment models in varionus and jobs demand; regrets the lack of analysis on the part of the Commission of the social effeways, therefore urges Commission to conduct in–depth analysis on the impacts of the digitalisation of industry in this field;
2016/12/16
Committee: IMCO
Amendment 58 #

2016/2271(INI)

Draft opinion
Paragraph 7
7. Considers it necessary to ensure high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skillNotes that digital skills are a prerequisite for nowadays labour market and can foster the inclusiveness and competitiveness of European regions, especially in the framework of the EU New Skills Agenda; urges the Commission to promote and coordinate high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skills, among other computing, coding, programming, cryptography; in this context calls for the encouragement of larger regional participation in order to diminish the innovation gap and to attract professionals for the development of the European regions.
2016/12/16
Committee: IMCO
Amendment 64 #

2016/2271(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Recalls that 80% of European companies have experienced at least one cybersecurity incident over the last year[1]; stresses that a safe and reliable digital infrastructure should be achieved in strict compliance with the Network and Information Security Directive and the General Data Protection Regulation; [1] The Global State of Information Security® http://www.pwc.com/gx/en/issues/cyber- security/information-security-survey.html
2016/12/16
Committee: IMCO
Amendment 68 #

2016/2271(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Notes the increasing importance of clarifying the concerns over data ownership and liability; calls on the Commission to investigate further, in close cooperation with the industry, the fitness of the current regulatory framework, which addresses the data ownership and liability challenges.
2016/12/16
Committee: IMCO
Amendment 1 #

2016/2223(INI)

Motion for a resolution
Citation 9 a (new)
- having regard to the Special Report by the European Court of Auditors entitled ‘Combating Food Waste: an opportunity for the EU to improve the resource-efficiency of the food supply chain’ of 10 November 2016,
2017/02/08
Committee: ENVI
Amendment 9 #

2016/2223(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas food is a precious commodity; whereas, as the „food system" utilises a lot of resources such as land, soil, water, phosphorous and energy, the efficient and sustainable managing of these resources is of utmost importance; whereas food waste causes massive economic and environmental costs (1.7 trillion USD per year on global scale according to FAO estimates1a); whereas preventing and reducing food waste provides economic benefits for households and society while at the same time decreasing environmental damage; _________________ 1aFAO „Food waste Foodprint. Impacts on natural resources"; FAO Rome, 2013.
2017/02/08
Committee: ENVI
Amendment 13 #

2016/2223(INI)

Motion for a resolution
Recital B
B. whereas food wastage has high social and economic, economic and environmental costs; whereas food that is lost or wasted contributes to climate change with a global carbon footprint of about 8 % of total anthropogenic global greenhouse gas (GHG) emissions, and represents a waste of scarce resources such as land, energy and water8 through the products' lifecycle; _________________ 8 FAO, 2015. Food wastage footprint & climate change.
2017/02/08
Committee: ENVI
Amendment 34 #

2016/2223(INI)

Motion for a resolution
Recital D a (new)
Da. whereas there is no common consistent definition of 'food waste' nor a common methodology for measuring food waste at Union level yet, which makes it difficult to compare different datasets and to measure progress in reducing food waste;
2017/02/08
Committee: ENVI
Amendment 35 #

2016/2223(INI)

Motion for a resolution
Recital E
E. whereas food is lost or wasted at all steps of the supplyfood chain, including production, processing, transport, storage, retail, marketing and consumption chain; whereas estimates from the FUSIONS project indicate that the sectors contributing the most to food waste within the EU are households and processing, accounting for up to 53 %, and processing, accounting for up to 19 %10; _________________ 10 FUSIONS, Estimates of European food waste levels, March 2016.
2017/02/08
Committee: ENVI
Amendment 45 #

2016/2223(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas a targeted measure, tailored to the operators and the step in the chain, is more appropriate to combating food waste, as the problems encountered are not the same across the board;
2017/02/08
Committee: ENVI
Amendment 54 #

2016/2223(INI)

Motion for a resolution
Recital F
F. whereas there is no common consistent definition of ‘food waste’ nor a common methodology for measuring food waste at Union level yet, which makes it difficult to compare different datasets and to measure progress in reducing food waste; whereas in the FUSIONS project, food waste was defined as ‘any food, and inedible parts of food, removed from the food supply chain to be recovered or disposed (including composted, crops ploughed in/not harvested, anaerobic digestion, bio-energy production, co- generation, incineration, disposal to sewer, landfill or discarded to sea)’11 ; _________________ 11FUSIONS Definitional Framework for Food Waste, 3 July 2014.deleted
2017/02/08
Committee: ENVI
Amendment 72 #

2016/2223(INI)

Motion for a resolution
Recital G
G. whereas the waste management hierarchy established by the Waste Framework Directive12 (prevention, preparing for re-use, recycling, recovery and disposal) cannot be applied in full to food waste; whereas currently there is no specific hierarchy for the management of unconsumed food at EU level; whereas prevention ought to be the priority measure in combating food waste; _________________ 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
2017/02/08
Committee: ENVI
Amendment 77 #

2016/2223(INI)

Motion for a resolution
Recital I
I. whereas date marking on food products is poorly understood; whereas ‘best before’ labelling indicates the date after which an item of food may still be eaten but may not be at its best in terms of quality, and ‘use by’ labelling indicates the date after which an item of food is no longer safe to eat; whereas not even half of EU citizens understand the meaning of ‘best before’ and ‘use by’ labelling14; whereas the use of these concepts and the understanding of them vary from one Member State to another, but also, for the same product, vary between different producers, processors and distributors; _________________ 14 Flash Eurobarometer 425, ‘Food waste and date marking’, September 2015.
2017/02/08
Committee: ENVI
Amendment 88 #

2016/2223(INI)

Motion for a resolution
Recital J
J. whereas the donation of unsold food along the entire food supply chain leads to considerable reductions in food waste, while helping people in need;
2017/02/08
Committee: ENVI
Amendment 93 #

2016/2223(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the European Commission is currently working on a clarification of European legislation on donations;
2017/02/08
Committee: ENVI
Amendment 94 #

2016/2223(INI)

Motion for a resolution
Recital L
L. whereas countries such as Italyseveral Member States have adopted legislation that facilitates food donation by excluding donor liability for food that is donated in good faith and known to be fit for consumption at the time of donation;
2017/02/08
Committee: ENVI
Amendment 102 #

2016/2223(INI)

Motion for a resolution
Recital N a (new)
Na. whereas active and intelligent food contact materials can improve the quality of packaged food and extend its shelf-life or better monitor the condition of packaged food and provide information on the freshness of the food;
2017/02/08
Committee: ENVI
Amendment 103 #

2016/2223(INI)

Motion for a resolution
Recital N a (new)
Na. whereas combating food waste also brings economic benefits, as each euro spent on preventing food waste makes it possible to avoid 265 kg of food waste, with a value of EUR 535, and enables local authorities to save EUR 9 on the cost of waste and EUR 50 on environmental costs linked to greenhouse gas emissions and air pollution1 a; _________________ 1a Commission staff working document, executive summary of the impact assessment, impact assessment on measures addressing food waste to complete SWD (2014) 207 regarding the review of EU waste management targets (SWD(2014) 289 final, 23.9.2014).
2017/02/08
Committee: ENVI
Amendment 111 #

2016/2223(INI)

Motion for a resolution
Paragraph 1
1. Stresses the urgent need to reduce the amount of food waste in the Union at every step of the supply and consumptionand to improve consequently resource efficiency in the Union along the entire food supply chain;
2017/02/08
Committee: ENVI
Amendment 126 #

2016/2223(INI)

Motion for a resolution
Paragraph 2
2. Calls for a coordinated policy response at EU and Member State level that takes into account policies regarding waste, food safety and information, but also aspects of economic, research and innovation, environment, agriculture, education, and social policy; emphasises that the EU efforts to reduce food waste should be strengthened and better aligned;
2017/02/08
Committee: ENVI
Amendment 131 #

2016/2223(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Commission to apply a systemic approach to food waste addressing the wide range of relevant areas and all the stages of the food chain and their interrelationships; therefore calls on the Commission to establish an action plan on food waste covering the various policy areas and outlining the strategy for the years ahead;
2017/02/08
Committee: ENVI
Amendment 135 #

2016/2223(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to put the financial support that already exists for combating food waste on a permanent footing; calls on the Member States to make better use of the opportunities offered in this area by the various European Union policies and funding programmes;
2017/02/08
Committee: ENVI
Amendment 136 #

2016/2223(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Urges the Commission to involve all relevant Commission services dealing with food waste such as DG ENV, DG MARE, DG AGRI, DG SANTE and to ensure continued and strengthened coordination at Commission level;
2017/02/08
Committee: ENVI
Amendment 139 #

2016/2223(INI)

Motion for a resolution
Paragraph 3
3. Calls for a binding food waste reduction target of 50 % by 2030 and reiterates its call for a binding food waste reduction target of at least 30 % by 2025on the Member States to take measures which aim to achieve an EU food waste reduction target of 30 % by 2025 and 50 % by 2030 as compared with the 2014 baseline;
2017/02/08
Committee: ENVI
Amendment 147 #

2016/2223(INI)

Motion for a resolution
Paragraph 4
4. Urges the Commission to swiftlyInvites Member States to monitor and assess the implementation of their food waste prevention measures by measuring the levels of food waste on the basis of a common methodology; urges the Commission to adopt asuch common methodology to measure foodby 31 December 2017, including minimum quality requirements, for the uniform measurement of the levels of food waste; that methodology shall take into account the waste prevention measures implemented through donations or other ways of preventing food from becoming waste;
2017/02/08
Committee: ENVI
Amendment 197 #

2016/2223(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the European Commission, in the framework of the research projects financed by the EU budget, to promote innovative technologies able to extend the shelf-life of food products;
2017/02/08
Committee: ENVI
Amendment 198 #

2016/2223(INI)

Motion for a resolution
Paragraph 8
8. Encourages the Commission and the Member States to engage, in cooperation with stakeholders, in improving consumers’the understanding of ‘use by’ dates and ‘best before’ dates; asks the Commission to assess whether on the part of producers, processors, distributors and consumers by cuarrent EU legislation and current practice in use with ‘use by’ and ‘best before’ dates in different Member States are fit for purposeying out awareness- raising and education campaigns, with a particular focus on consumers; stresses the efforts already made by many operators in the chain on this issue, such as the running of information campaigns in shops or on the internet;
2017/02/08
Committee: ENVI
Amendment 212 #

2016/2223(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Asks the Commission to assess current EU legislation and current practices concerning date marking in different Member States and conduct a research study in order to evaluate the link between date marking and food waste prevention;
2017/02/08
Committee: ENVI
Amendment 218 #

2016/2223(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission and the Member States to promote consumer understanding by all operators in the food chain of food waste, food safety, and good practices in relation to their management and consumption of food by establishing information and communication campaigns;
2017/02/08
Committee: ENVI
Amendment 243 #

2016/2223(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission and the Member States to promote and exchange successful practices of food waste reduction and resource conservation methods already used by stakeholders;
2017/02/08
Committee: ENVI
Amendment 250 #

2016/2223(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the Member States to encourage local governments, civil society, supermarkets and other relevant stakeholders to support food waste reducing initiatives and contribute to a local food strategy, for example, by informing consumers, via a mobile application, about unsold foods, aligning demand and supply;
2017/02/08
Committee: ENVI
Amendment 266 #

2016/2223(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the draft EU guidelines on food donation as a first step in the right direction; however, with a view to the various barriers to food donation contained in EU legislation, believes that the donation of unsold food along the entire food supply chain needs to be promoted further by enacting legislative changes;
2017/02/08
Committee: ENVI
Amendment 281 #

2016/2223(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission, when conducting an impact assessment on new relevant legislative proposals, to evaluate their potential impact on food waste;
2017/02/08
Committee: ENVI
Amendment 284 #

2016/2223(INI)

13a. Calls on the Commission to identify the European legislation that might hamper the effective combating of food waste and analyse how it might be adapted to meet the food waste prevention objective;
2017/02/08
Committee: ENVI
Amendment 291 #

2016/2223(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Member States to create economic incentives for limiting food waste;deleted
2017/02/08
Committee: ENVI
Amendment 303 #

2016/2223(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on Member States to take necessary measures in order to prevent food waste i.a. establishing voluntary agreements, facilitating food donation or, where appropriate, adopting financial or fiscal measures;
2017/02/08
Committee: ENVI
Amendment 315 #

2016/2223(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses the importance of packaging that is appropriate for the product and for consumers’ needs, taking into account the functions fulfilled by the packaging throughout the distribution chain, in order to avoid food waste, and taking into account an approach based on the packaging life-cycle;
2017/02/08
Committee: ENVI
Amendment 316 #

2016/2223(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on Member States to take action in order to encourage food business operators to use active and intelligent food contact materials, which actively contribute to extending the shelf- life of products and provide clear information about freshness of the food;
2017/02/08
Committee: ENVI
Amendment 318 #

2016/2223(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Member States to introduce in their national waste prevention plans measures to reduce food waste with the aim of achieving an EU- wide food waste reduction target of 30% by 2025 and of 50% by 2030; to this end, invites Member States to set out national specific food waste prevention programs, describing at least the implementation of the measures and the economic instruments adopted to achieve the reduction of food waste;
2017/02/08
Committee: ENVI
Amendment 327 #

2016/2223(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Calls on the Commission, the Member States and stakeholders to provide consumers with better information on methods for keeping and/or reusing products;
2017/02/08
Committee: ENVI
Amendment 20 #

2016/2222(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas, in the context of the cultivation of oil palms and the production of palm oil, higher standards should apply, as regards, for example, the upholding of the human rights of the indigenous peoples affected, fair wages for workers and the banning of child labour on the plantations; whereas only then will it possible to talk about sustainable palm oil production;
2016/12/07
Committee: ENVI
Amendment 87 #

2016/2222(INI)

Motion for a resolution
Paragraph 2
2. Notes that replacing palm oil with other vegetable oils would create a need for more land for cultivation; points out that this would lead to higher greenhouse gas emissions and losses of biodiversity and pose a further threat to biodiversity; notes that palm oil can be cultivated responsibly and can make a real contribution to the economic development of a country, provided that no deforestation occurs, that no plantations are established on peatlands, and that the rights of indigenous communities are respected;
2016/12/07
Committee: ENVI
Amendment 190 #

2016/2222(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the certification organisations to introduce more stringent checks;
2016/12/07
Committee: ENVI
Amendment 235 #

2016/2222(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to take steps to ensure that only certified palm oil is used in the EU;
2016/12/07
Committee: ENVI
Amendment 239 #

2016/2222(INI)

Motion for a resolution
Paragraph 15
15. NotesCalls on thate Member States have an opportunity to support steps aimed at establishing the sustainable cultivation of palm oil byto ratifying the Amsterdam Declaration;
2016/12/07
Committee: ENVI
Amendment 3 #

2016/2145(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s European Cloud Initiative as part of the implementation of the Digital Single Market (DSM) Strategy and the Digitising European Industry Package, thus fostering the growth of the European digital economy and contributing to its global market positioning; recalls that a fully functioning digital single market would boost competitiveness and contribute around EUR 415 billion to the GDP of the EU-28;
2016/10/14
Committee: IMCO
Amendment 13 #

2016/2145(INI)

Draft opinion
Paragraph 1 b (new)
1b. Underlines that currently the value of collected research data is not fully exploited by the industry, especially SMEs, due to the lack of free cross-border data flow and access to a single platform or portal;
2016/10/14
Committee: IMCO
Amendment 54 #

2016/2145(INI)

Draft opinion
Paragraph 5 a (new)
5a. Urges the Commission to identify Big Data and coding training opportunities for the industry also in the scope of the New Skills Agenda and to identify incentives for stakeholders, in particular SMEs, to use, open and share data in the Single Market;
2016/10/14
Committee: IMCO
Amendment 77 #

2016/2145(INI)

Draft opinion
Paragraph 6 a (new)
6a. Urges the Commission to provide more clarity on the definitions used in the Communication and in particular to create clear distinction between the European Cloud Initiative and the European Open Science Cloud;
2016/10/14
Committee: IMCO
Amendment 45 #

2016/2010(INI)

Draft opinion
Paragraph 8
8. Highlights that the Alternative Dispute Resolution Directive and the online dispute resolution platform may benefit consumers and businesses in cross-border transactions; calls for further mechanisms for adequate consumer redress in postal services to be introduced, including a collective approach to redress where needed.
2016/03/22
Committee: IMCO
Amendment 153 #

2016/0382(COD)

Proposal for a directive
Recital 25 a (new)
(25a) In order to facilitate the use of renewable energy in the transport sector Member States shall jointly endeavour to gradually increase the share of renewable energy supplied for transport to at least 15% in 2030 at Union level.
2017/07/20
Committee: ENVI
Amendment 175 #

2016/0382(COD)

Proposal for a directive
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive.deleted
2017/07/20
Committee: ENVI
Amendment 181 #

2016/0382(COD)

Proposal for a directive
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops. In order to foster the uptake of advanced biofuels and ensure investors' confidence in the consistency of Union policies, it is appropriate to maintain at 7 % the share of biofuels and bioliquids produced from food and feed crops in the final consumption of energy in road and rail transport that can be counted towards the Union target set out in this Directive.
2017/07/20
Committee: ENVI
Amendment 195 #

2016/0382(COD)

Proposal for a directive
Recital 63
(63) Directive (EU) 2015/1513 of the European Parliament and of the Council23 called on the Commission to present without delay a comprehensive proposal for a cost-effective and technology-neutral post-2020 policy in order to create a long- term perspective for investment in sustainable biofuels with a low risk of causing indirect land-use change and in other means of decarbonising the transport sector. An ambitious 15 % incorporation obligation on fuel suppliers can provide certainty for investors, ensure that decarbonisation in the transport sector is achieved, and encourage the continuous development of alternative renewable transport fuels including advanced biofuels, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport. It is appropriate to set the obligation on fuel suppliers at the same level in each Member State in order to ensure consistency in transport fuel specifications and availability. As transport fuels are traded easily, fuel suppliers in Member States with low endowments of the relevant resources should be able to easily obtain renewable fuels from elsewhere. __________________ 23 Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (OJ L 239, 15.9.2015, p. 1).
2017/07/20
Committee: ENVI
Amendment 204 #

2016/0382(COD)

Proposal for a directive
Recital 64
(64) ATogether with crop-based biofuels, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The inclusion of those energy sources in the overall incorporation obligation of 15 % on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.
2017/07/20
Committee: ENVI
Amendment 209 #

2016/0382(COD)

Proposal for a directive
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers.deleted
2017/07/20
Committee: ENVI
Amendment 250 #

2016/0382(COD)

Proposal for a directive
Recital 76
(76) To ensure that, despite the growing demand for forest biomass, harvesting is carried out in a sustainable manner in forests where regeneration is ensured, that special attention is given to areas explicitly designated for the protection of biodiversity, landscapes and specific natural elements, that biodiversity resources are preserved and that carbon stocks are tracked, woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as Forest Europe and are implemented through national laws or the best management practices at the forest holding level. Operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy. To that end, operators should put in place a risk- based approach. In this context, it is apporopriate for the Commission to develop operational guidance on the verification of compliance with the risk based approach, following the consultation of the Energy Union Governance Committee, and the Standing Forestry Committee established by Council Decision 89/367/EEC24. __________________ 24 Council Decision 89/367/EEC of 29 May 1989 setting up a Standing Forestry Committee (OJ L 165, 15.6.1989, p. 14).
2017/07/20
Committee: ENVI
Amendment 319 #

2016/0382(COD)

Proposal for a directive
Article 2 – paragraph 2 – point d d
(dd) ‘food and feed crops’ means starch-rich crops, sugars and oil crops produced on agricultural land as a main crop excluding residues, waste or ligno- cellulosic material;deleted
2017/07/20
Committee: ENVI
Amendment 338 #

2016/0382(COD)

Proposal for a directive
Article 2 – paragraph 2 – point f f
(ff) ‘waste-based fossil fuels’ means liquid and gaseous fuels produced from waste streams of non-renewable origin, including waste processing gases and exhaust gases;deleted
2017/07/20
Committee: ENVI
Amendment 368 #

2016/0382(COD)

Proposal for a directive
Article 2 – paragraph 2 – point n n
(nn) 'biowaste' means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, and comparable waste from the food processing industrywaste within the meaning of Article 3 of Directive 2008/98/EC;
2017/07/20
Committee: ENVI
Amendment 405 #

2016/0382(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Support for electricity from renewable sources shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues. Member States my foresee exemptions for small- scale installations, where Member States can demonstrate that the administrative cost of directly or indirectly selling produced electricity in the market would be disproportionate, as well as for demonstration projects.
2017/07/20
Committee: ENVI
Amendment 408 #

2016/0382(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Member States shall ensure that support for renewable electricity is granted in anthrough open, transparent, competitive, non- discriminatory and cost-effective mannertenders, except for small-scale installations, demonstration projects, and where Member States can demonstrate that tenders cannot be made competitive or would lead to a sub-optimal outcome, i.e. higher support levels or/and lower project realization rates.
2017/07/20
Committee: ENVI
Amendment 435 #

2016/0382(COD)

Proposal for a directive
Article 2 – paragraph 2 – point f f
(ff) ‘waste-based fossil fuels’ means liquid and gaseous fuels produced from waste streams of non-renewable origin, including waste processing gases and exhaust gases;deleted
2017/07/04
Committee: ITRE
Amendment 449 #

2016/0382(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed cropscereals and other starch- rich crops, sugar plants, oil plants and plants grown as main crops primarily for energy purposes on agricultural land, shall be no more than 7 % of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8 % in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
2017/07/20
Committee: ENVI
Amendment 573 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum share of advanced biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin and from renewable electricity shall be at least equal to 1.53% in 2021, increasing up to at least 6.88.3% in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 0.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 34.6% by 2030, following the trajectory set out in part C of Annex X.
2017/07/20
Committee: ENVI
Amendment 602 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
(b) for the calculation of the numerator, the energy content of biofuels, biogas, biomass fuels, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehiclesfor the transport sector, shall be taken into account.
2017/07/20
Committee: ENVI
Amendment 619 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 2
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1.74% of the energy content of transport fuels supplied for consumption or use on the market and the contribution of fuels supplied in the aviation and maritime sector shall be considered to be 1.2 times their energy content.
2017/07/20
Committee: ENVI
Amendment 630 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 a (new)
(1a) With effect from 1 January 2021, Member States shall require fuel suppliers to increase the minimum share of energy from biofuels, from renewables in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year from at least 11% in 2021 to at least 15% by 2030.
2017/07/20
Committee: ENVI
Amendment 652 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 3 – point a –sub paragraph 2
However, electricity obtained from direct connection to an installation generating renewable electricity (i) that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non- biological origin and (ii) is not connected to the grid, can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non-biological origin.
2017/07/20
Committee: ENVI
Amendment 655 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 3 – point b
(b) When biomass is processed with fossil fuels in a commonfeedstocks and fossil feedstocks are processed in the same process, the amountshares of biofuels in the productoutputs containing these and stemming from this process shall be established applying adequate conversion factors to the biomass input. In case the process yields more than one product, all products stemming from the process shall be assumed to contain the same share of biofuelfeedstock inputs. The same rules shall apply for the purposes of Article 27(1).
2017/07/20
Committee: ENVI
Amendment 740 #

2016/0382(COD)

Proposal for a directive
Article 26 – paragraph 5
5. Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production: (a) biomass was harvested has national and/or sub-national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that: i) harvesting is carried out in accordance to the conditions of the harvesting permit within legally gazetted boundaries; ii) areas takes place; iii) areas of high conservation value, including wetlands and peatlands, are protected; iv) the impacts of forest harvesting on soil quality and biodiversity are minimised; and v) long-term production capacity of the forest; (b) first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holding level to ensure that: i) the forest biomass has been harvested according to a legal permit; ii) areas takes place; iii) including peatlands and wetlands, are identified and protected; iv) quality and biodiversity are minimised; v) long-term production capacity of the forest.deleted the country in which forest forest regeneration of harvested harvesting does not exceed the when evidence referred to in the forest regeneration of harvested areas of high conservation value, impacts of forest harvesting on soil harvesting does not exceed the
2017/07/24
Committee: ENVI
Amendment 984 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 2 a (new)
2a. By derogation from point 2, for biofuels and bioliquids used in the transport sector, values calculated in terms of gCO2eq/MJ may be adjusted to take into account differences between fuels in useful work done, expressed in terms of km/MJ. Such adjustments shall be made only where evidence of the differences in useful work done is provided.
2017/07/24
Committee: ENVI
Amendment 985 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 3 – point a – paragraph 1
SAVING = (E F(t) – E B) /E F(t))
2017/07/24
Committee: ENVI
Amendment 987 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 4
4. The greenhouse gases taken into account for the purposes of point 1 shall be CO2, N2O and CH4. For the purpose of calculating CO2 equivalence, those gases shall be valued as follows: CO2 : 1 1 N2O : 29865 CH4 : 25 8
2017/07/24
Committee: ENVI
Amendment 988 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 5
5. Emissions from the extraction or cultivation of raw materials, eec, shall include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. Estimates of emissions from agriculture biomass cultivation may be derived from the use of regional averages for cultivation emissions included in the reports referred to in Article 28 (4) and the information on the disaggregated default values for cultivation emissions included in this Annex, as an alternative to using actual values. In absence of relevant information in the before mentioned reports it is allowed to calculatet is allowed to calculate applying the methodology in the IPCC guidelines for National Greenhouse Gas Inventories, Volume 4, Chapter 11(2006) 1a Tier 1, 2 or 3 averages based on local farming practisces based for instance on data of a group of farms, as an alternative to using actual values. calculated for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values. __________________ 1ahttp://www.ipcc- nggip.iges.or.jp/public/2006gl/pdf/4_Volu me4/V4_11_Ch11_N2O&CO2.pdf
2017/07/24
Committee: ENVI
Amendment 990 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 13 – subparagraph 2
Emissions on non-CO2 greenhouse gases (N2O and CH4) of the fuel in use shall be included in the eu factor for bioliquids.deleted
2017/07/24
Committee: ENVI
Amendment 992 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 15
15. Emission saving from carbon capture and replacement, eccr, shall be related directly to the production of biofuel or bioliquid they are attributed to, and shall be limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used in the energy or transport sectorto replace fossil-derived CO2 used in commercial products and services.
2017/07/24
Committee: ENVI
Amendment 993 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 16
16. Where a cogeneration unit – providing heat and/ or electricity to a fuel production process for which emissions are being calculated – produces excess electricity and/or excess useful heat, the greenhouse gas emissions shall be divided between the electricity and the useful heat according to the temperature of the heat (which reflects the usefulness (utility) of the heat). The allocation factor, called Carnot efficiency Ch, is calculated as follows for useful heat at different temperatures: - where Th = Temperature, measured in absolute temperature (kelvin) of the useful heat at point of delivery. T0 = Temperature of surroundings, set at 273 kelvin (equal to 0 °C) For Th , < 150 °C (423.15 kelvin), Ch can alternatively be defined as follows: Ch = Carnot efficiency in heat at 150 °C (423.15 kelvin), which is: 0.3546 For the purposes of this calculation, the actual efficiencies shall be used, defined as the annual mechanical energy, electricity and heat produced respectively divided by the annual energy input. For the purposes of this calculation, the following definitions shall apply: (a) simultaneous generation in one process of thermal energy and electricity and/or mechanical energy; (b) generated to satisfy an economical justifiable demand for heat, for heating and cooling purposes; (c) "economically justifiable demanddeleted "cogeneration" shall mean the "useful heat" shall mean the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions. 2009/28/EC newat
2017/07/24
Committee: ENVI
Amendment 994 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 16 a (new)
16a. Emission saving from excess electricity from cogeneration (eee) shall be taken into account in relation to the excess electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co-product other than an agricultural crop residue. In accounting for that excess electricity, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat that is needed to produce the fuel. The greenhouse gas emission saving associated with that excess electricity shall be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity was generated in a power plant using the same fuel as the cogeneration unit.
2017/07/24
Committee: ENVI
Amendment 995 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 17
17. Where a fuel production process produces, in combination, the fuel for which emissions are being calculated and one or more other products (co-products), greenhouse gas emissions shall be divided between the fuel or its intermediate product and the co-products in proportion to their energy content (determined by lower heating value in the case of co-products other than electricity and heat). The greenhouse gas intensity of excess useful heat or excess electricity is the same as the greenhouse gas intensity of heat or electricity delivered to the fuel production process and is determined from calculating the greenhouse intensity of all inputs and emissions, including the feedstock and CH4 and N2O emissions, to and from the cogeneration unit, boiler or other apparatus delivering heat or electricity to the fuel production process. In case of cogeneration of electricity and heat the calculation is performed following point 16.
2017/07/24
Committee: ENVI
Amendment 996 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 18 – subparagraph 1
For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + e l + esca + those fractions of e p, e td , eccs, and eccr td that take place up to and including the process step at which a co- product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for this purpose instead of the total of those emissions.
2017/07/24
Committee: ENVI
Amendment 997 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 18 – subparagraph 3
Wastes and crop residues, including tree tops and branches, straw, husks, cobs and nut shells, and residues from processing, including crude glycerine (glycerine that is not refined) and bagasse, shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.
2017/07/24
Committee: ENVI
Amendment 998 #

2016/0382(COD)

Proposal for a directive
Annex V – Part C – paragraph 19 – subparagraph 1
19. For biofuels, for the purposes of the calculation referred to in point 3, the fossil fuel comparator E F(t) 94shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under Directive 98/70/EC. Where these data are unavailable, this value shall be 94 gCO2eq/MJ.
2017/07/24
Committee: ENVI
Amendment 1002 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 3 – point a – subparagraph 1
SAVING = (E-F(t) – EB(t))/ E-F (t)
2017/07/24
Committee: ENVI
Amendment 1003 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 4 – subparagraph 2
N2O: 29865
2017/07/24
Committee: ENVI
Amendment 1004 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 4 – subparagraph 3
CH4: 258
2017/07/24
Committee: ENVI
Amendment 1005 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 5 – subparagraph 1
5. Emissions from the extraction, harvesting or cultivation of raw materials, eec, shall include emissions from the extraction, harvesting or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. Estimates of emissions from agriculture biomass cultivation may be derived from the use of regional averages for cultivation emissions included in the reports referred to in Article 28 (4) of this Directive and the information on the disaggregated default values for cultivation emissions included in this Annex, as an alternative to using actual values. In absence of relevant information in the before mentioned reports it is allowed to calculatet is allowed to calculate applying the methodology in the IPCC guidelines for National Greenhouse Gas Inventories, Volume 4, Chapter 11(2006) 1a Tier 1, 2 or 3 averages based on local farming practisces based for instance on data of a group of farms, as an alternative to using actual values. calculated for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values. __________________ 1ahttp://www.ipcc- nggip.iges.or.jp/public/2006gl/pdf/4_Volu me4/V4_11_Ch11_N2O&CO2.pdf
2017/07/24
Committee: ENVI
Amendment 1008 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 13
13. Emissions of CO2 from fuel in use, eu, shall be taken to be zero for biomass fuels. Emissions of non-CO2 greenhouse gases (CH4 and N2O) from the fuel in use shall be included in the eu factor.
2017/07/24
Committee: ENVI
Amendment 1010 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 15
15. Emission saving from carbon capture and replacement, eccr, shall be related directly to the production of biomass fuel they are attributed to, and shall be limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2 used in the energy or transport sectorcommercial products and services.
2017/07/24
Committee: ENVI
Amendment 1011 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 16
16. Where a cogeneration unit – providing heat and/ or electricity to a biomass fuel production process for which emissions are being calculated - produces excess electricity and/or excess useful heat, the greenhouse gas emissions shall be divided between the electricity and the useful heat according to the temperature of the heat (which reflects the usefulness (utility) of the heat). The allocation factor, called Carnot efficiency Ch, is calculated as follows for useful heat at different temperatures: - where Th = Temperature, measured in absolute temperature (kelvin) ofdeleted "cogeneration" shall mean the "useful heat at point of delivery. T0 = Temperature of surroundings, set at 273.15 kelvin (equal to 0 °C) For Th , < 150 °C (423.15 kelvin), Ch can alternatively be defined as follows: Ch = Carnot efficiency in heat at 150 °C (423.15 kelvin), which is: 0.3546 For the purposes of this calculation, the actual efficiencies shall be used, defined as the annual mechanical energy, electricity and heat produced respectively divided by the annual energy input. For the purposes of this calculation, the following definitions shall apply: (a) simultaneous generation in one process of thermal energy and electricity and/or mechanical energy; (b) generated to satisfy an economical justifiable demand for heat, for heating and cooling purposes; (c) shall mean the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions. 2009/28/EC new" shall mean heat "economically justifiable demand"
2017/07/24
Committee: ENVI
Amendment 1012 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 16 a (new)
16a. Emission saving from excess electricity from cogeneration (eee) shall be taken into account in proportion to the excess electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co-product other than an agricultural crop residue. In accounting for that excess electricity, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat that is needed to produce the fuel. The greenhouse gas emission saving associated with that excess electricity shall be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity was generated in a power plant using the same fuel as the cogeneration unit.
2017/07/24
Committee: ENVI
Amendment 1013 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 17
17. Where a biomass fuel production process produces, in combination, the fuel for which emissions are being calculated and one or more other products ("co- products"), greenhouse gas emissions shall be divided between the fuel or its intermediate product and the co-products in proportion to their energy content (determined by lower heating value in the case of co-products other than electricity and heat). The greenhouse gas intensity of excess useful heat or excess electricity is the same as the greenhouse gas intensity of heat or electricity delivered to the biomass fuel production process and is determined from calculating the greenhouse gas intensity of all inputs and emissions, including the feedstock and CH4 and N2O emissions, to and from the cogeneration unit, boiler or other apparatus delivering heat or electricity to the biomass fuel production process. In case of cogeneration of electricity and heat the calculation is performed following point 16.
2017/07/24
Committee: ENVI
Amendment 1014 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 18 – subparagraph 1
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccrtd that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for this purpose instead of the total of those emissions.
2017/07/24
Committee: ENVI
Amendment 1015 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 18 – subparagraph 3
Wastes and crop residues, including tree tops and branches, straw, husks, cobs and nut shells, and residues from processing, including crude glycerine (glycerine that is not refined) and bagasse, shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.
2017/07/24
Committee: ENVI
Amendment 1016 #

2016/0382(COD)

Proposal for a directive
Annex VI – Part B – paragraph 19 – subparagraph 4
For biomass fuels, used as transport fuels for the purposes of the calculation referred to in point 3, the fossil fuel comparator ECF(t) shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under Directive 98/70/EC. Where these data are unavailable, this value shall be 94 gCO2eq/MJ.
2017/07/24
Committee: ENVI
Amendment 1021 #

2016/0382(COD)

Proposal for a directive
Annex IX – Part A – point a a (new)
(aa) Pulp from sugar and other industries provided that industry standards for the feedstock processing have been respected;
2017/07/24
Committee: ENVI
Amendment 1022 #

2016/0382(COD)

Proposal for a directive
Annex IX – Part A – point a b (new)
(ab) Sugary liquids from extraction not fit for sugar crystallization after reprocessing and excluding feedstocks listed in part B of this Annex.
2017/07/24
Committee: ENVI
Amendment 1054 #

2016/0382(COD)

Proposal for a directive
Annex IX – Part A – point q a (new)
(qa) Carbon capture and utilisation for transport purposes, if the energy source is renewable in accordance with point (a) of the second paragraph of Article 2.
2017/07/24
Committee: ENVI
Amendment 1072 #

2016/0382(COD)

Proposal for a directive
Annex IX – Part B – point c a (new)
(ca) Green run-off provided that industry standards for the extraction of sugar have been respected.
2017/07/24
Committee: ENVI
Amendment 1073 #

2016/0382(COD)

Proposal for a directive
Annex IX – Part B – point c b (new)
(cb) Low grade starch slurry provided that industry standards for the extraction of starch have been respected.
2017/07/24
Committee: ENVI
Amendment 1079 #

2016/0382(COD)

Proposal for a directive
Annex X – part A
Part A: Maximum contribution from liquid biofuels produced from food or feed crops to the EU renewable energy target as referred to in Article 7 paragraph 1 Calendar year Maximum share 2021 7.0% 2022 6.7% 2023 6.4% 2024 6.1% 2025 5.8% 2026 5.4% 2027 5.0% 2028 4.6% 2029 4.2% 2030 3.8% deleted
2017/07/24
Committee: ENVI
Amendment 1098 #

2016/0382(COD)

Proposal for a directive
Annex X – Part B
Part B: Minimum shares of energy from advanced biofuels and biogas produced from feedstock listed in Annex IX, renewable transport fuels of non-biological origin, waste-based fossil fuels and renewable electricity, as referred to in Article 25(1) Calendar year Minimum share 2021 1.5 % 3.00 % 2022 1.85 % 3.35 % 2023 2.2 % 3.7 % 2024 2.55 % 4.05 % 2025 2.9 % 4.40 % 2026 3.6 % 5.10 % 2027 4.4 % 5.90 % 2028 5.2 % 6.70 % 2029 6.0 % 7.5 % 2030 6.8 % 8.3 %
2017/07/24
Committee: ENVI
Amendment 1109 #

2016/0382(COD)

Proposal for a directive
Annex X – Part C
Part C: Minimum shares of energy from advanced biofuels and biogas produced from feedstock listed in Part A of Annex IX as referred to in Article 25(1) Calendar year Minimum share 2021 0.5 % 2022 0.7 % 2023 0.9 % 2024 1.1 % 2025 12.3 % 2026 12.75 % 2027 23.2 % 2028 23.65 % 2029 34.1 % 2030 34.6 %
2017/07/24
Committee: ENVI
Amendment 1205 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1.74% of the energy content of transport fuels supplied for consumption or use on the market; and the contribution of fuels supplied in the aviation and maritime sector shall be considered to be 1.2 times their energy content.
2017/07/31
Committee: ITRE
Amendment 1211 #

2016/0382(COD)

Proposal for a directive
Article 25 – paragraph 1 – point 1 (new)
(1) With effect from 1 January 2021, Member States shall require fuel suppliers to include in the transport fuels they supply for consumption or use on the market in the course of a calendar year a minimum share of energy from renewable sources, which shall be 11% in 2021. This minimum percentage should be increased gradually to 15% by 2030.
2017/07/31
Committee: ITRE
Amendment 44 #

2016/0381(COD)

Proposal for a directive
Recital 6
(6) The Union is committed to developing a secure, competitive and decarbonised energy system by 205012. To meet this goal, Member States and investors need milestones to ensure that buildings are decarbonised and that the overall energy efficiency of buildings is increased so that they comply with the most stringent low-energy standard by 2050. In order to ensure this highly energy-efficient, decarbonised building stock by 2050, Member States should identify the intermediary steps and corresponding concrete measures needed to achievinge the mid-term (2030 and 2040) and long-term (2050) objectives. _________________ 12 Communication on an Energy roadmap 2050, (COM(2011) 885 final).
2017/06/16
Committee: ENVI
Amendment 52 #

2016/0381(COD)

Proposal for a directive
Recital 7
(7) The provisions on long-term renovation strategies provided for in Directive 2012/27/EU of the European Parliament and of the Council13 should be moved to Directive 2010/31/EU, where they fit more coherently. Financing mechanisms and financial incentives should be given a central position in the Member States’ long-term national renovation strategies and be actively promoted by the Member States. Furthermore, a strategy for promoting specialist support and advice for consumers and for training specialists should be included. _________________ 13 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
2017/06/16
Committee: ENVI
Amendment 56 #

2016/0381(COD)

Proposal for a directive
Recital 7 a (new)
(7 a) Ambitious goals for the deep, gradual renovation of existing building stock will create millions of jobs in the Union, in particular in small and medium-sized enterprises. The construction industry alone directly accounts for 18 million jobs in Europe and generates nine per cent of GDP. Energy efficiency measures in the building industry have the potential to accelerate the modernisation of that sector and its associated workforce. In that context, it is necessary for Member States to provide a clear link between their national long-term renovation strategies and suitable initiatives to promote skills and education in the construction and energy efficiency sectors.
2017/06/16
Committee: ENVI
Amendment 111 #

2016/0381(COD)

Proposal for a directive
Recital 13
(13) To ensure their best use in building renovation, financial measures related to energy efficiency should be linked to the depth of the renovation, which and should promote a holistic approach to building renovations with a view to securing high energy efficiency, improved indoor climates and improved well-being. Those renovations should be assessed by comparing energy performance certificates (EPCs) issued before and after the renovation or by use of similar appropriate processes.
2017/06/16
Committee: ENVI
Amendment 145 #

2016/0381(COD)

Proposal for a directive
Recital 18
(18) The provisions of this Directive should not prevent Member States from setting more ambitious energy performance requirements at building level and for building elements, nor should they prevent the Member States from setting more ambitious requirements for indoor climates, as long as such measures are compatible with Union law. It is consistent with the objectives of this Directive and of Directive 2012/27/EC that these requirements may, in certain circumstances, limit the installation or use of products subject to other applicable Union harmonisation legislation, provided that such requirements should not constitute an unjustifiable market barrier.
2017/06/16
Committee: ENVI
Amendment 176 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2a – paragraph 2 – subparagraph 1
In their long-term renovation strategy referred to in paragraph 1, Member States shall set out a roadmap with clear milestones and measures to deliver on the long-term 2050 goal to decarbonise their national building stock, including technical building systems and in a highly energy-efficient manner, with specific milestones for 2030 and 2040.
2017/06/16
Committee: ENVI
Amendment 198 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b (new)
Directive 2010/31/EU
Article 2a – paragraph 3 – point b a (new)
(b a) to make available accessible and transparent advisory tools, such as single points of contact for consumers which provide information about the structuring and provision of finances for building renovations and support users in taking steps to improve energy efficiency in buildings; and
2017/06/16
Committee: ENVI
Amendment 223 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 2 – subparagraph 1
Member States shall ensure that in all new non-residential buildings and in all existing non-residential buildings undergoing major renovation with more than ten parking spaces inside the building or adjacent to the building, where that renovation affects the electrical infrastructure of the building, at least one of every ten is equippfurnished with a recharging pointducting to enable the installation of recharging points for electric cars within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, which is capable of starting and stopping charging in reaction to price signals. This requirement shall apply to all non- residential buildings, with more than ten parking spaces, as of 1 January 2025. _________________ 17 OJ. L 307, 28.10.2014, p. 1. OJ. L 307, 28.10.2014, p. 1.
2017/06/16
Committee: ENVI
Amendment 238 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
3. Member States shall ensure that newly built residential buildings and those undergoing major renovations, with more than ten parking spaces, include the pre- cablside the building or adjacent to the building, where that renovation affects the electrical infrastructure of the building, include the ducting to enable the installation of recharging points for electric vehicles for everyat least half the parking spaces.
2017/06/16
Committee: ENVI
Amendment 280 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2010/31/EU
Article 10 – paragraph 6a
6a. When Member States put in place a database for registering EPCs it shall allow tracking the actual energy consumption of the buildings covered, regardless of their size and category. The database shall contain the actual energy consumption data of public buildings with useful floor area of over 250 m² and buildings frequently visited by the public with useful floor area of over 250 m² which shall be regularly updated.
2017/06/16
Committee: ENVI
Amendment 312 #

2016/0381(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2010/31/EU
Article 19
9. in Article 19, 2017 is replaced by 20284;
2017/06/16
Committee: ENVI
Amendment 322 #

2016/0381(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1 – point a
Directive 2010/31/EU
Annex I – point 1 – subparagraph 1
The energy performance of a building is to be determined on the basis of the estimated or actual energy usage for heating, cooling, domestic hot water, ventilation and lighting and shall reflect its typical energy use for heating, cooling, domestic hot water, ventilation and lighting.
2017/06/16
Committee: ENVI
Amendment 327 #

2016/0381(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1 – point b
Directive 2010/31/EU
Annex I – point 2 – subparagraph 1
The energy needs for space heating, space cooling, domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health, expressed as delivered energy and primary energy, shall be calculated in order to maximise requirements for health, indoor air quality and comfort levels defined by Member States.
2017/06/16
Committee: ENVI
Amendment 252 #

2016/0375(COD)

Proposal for a regulation
Recital 5
(5) The European Council agreed on 24 October 2014 on the 2030 Framework for Energy and Climate for the Union based on four key targets: at least 40% cut in economy wide greenhouse gas ("GHG") emissions, at least 27% improvement in energy efficiency with a view to a level of 30%, at least 27% for the share of renewable energy consumed in the Union, and at least 15%noted the proposal of the Commission to report regularly to the European Council with the objective of arriving at a 15% target for electricity interconnection. It specified that the target for renewable energy is binding at Union level and that it will be fulfilled through Member States' contributions guided by the need to deliver collectively the Union target.
2017/07/04
Committee: ENVIITRE
Amendment 504 #

2016/0375(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 9
(9) 'the Union's 2030 targets for energy and climate' means the Union-wide binding target of at least 40% domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union-level binding target of at least 27% for the share of renewable energy consumed in the Union in 2030, the Union-level target of at least 27% for improving energy efficiency in 2030, to be reviewed by 2020 having in mind an EU level of 30%, and thas referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], and the Union target for improving energy efficiency, as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761], and the indicative 15 % electricity interconnection target for 2030 as proposed by the European Commission or any subsequent targets in this regard agreed by the European Council or Council and Parliament for the year 2030.
2017/07/04
Committee: ENVIITRE
Amendment 263 #

2016/0288(COD)

Proposal for a directive
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications service. Where such standards and the related PSAP systems have not yet been implemented, network-independent number-based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable. As an example, this may include the designation by a Member State of a single, central PSAP for receiving emergency communications.
2017/05/12
Committee: IMCO
Amendment 571 #

2016/0288(COD)

Proposal for a directive
Article 95 – paragraph 2 – indent 1
- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;
2017/05/12
Committee: IMCO
Amendment 669 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number '112' and any national emergency number specified by Member States.
2017/05/12
Committee: IMCO
Amendment 675 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
2017/05/12
Committee: IMCO
Amendment 681 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems, considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
2017/05/12
Committee: IMCO
Amendment 687 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)
The Commission, in consultation with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. Every two years, the Commission shall submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by 1 July 2019
2017/05/12
Committee: IMCO
Amendment 702 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number '112'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
2017/05/12
Committee: IMCO
Amendment 723 #

2016/0288(COD)

Proposal for a directive
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
2017/05/12
Committee: IMCO
Amendment 64 #

2016/0151(COD)

Proposal for a directive
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co- regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
2016/10/19
Committee: IMCO
Amendment 76 #

2016/0151(COD)

Proposal for a directive
Recital 13 a (new)
(13a) In order to ensure the effectiveness of this Directive in particular with respect to the editorial responsibility of media services providers, the integrity of programmes and services should be safeguarded. Third parties other than the recipient of the service should not modify programmes and services without the consent of the media service provider concerned. Changes in the display of programmes and services that have been authorised or initiated by the recipient are permitted.
2016/10/19
Committee: IMCO
Amendment 132 #

2016/0151(COD)

Proposal for a directive
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities and functionally independent organs of such entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
2016/10/19
Committee: IMCO
Amendment 134 #

2016/0151(COD)

Proposal for a directive
Recital 37
(37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
2016/10/19
Committee: IMCO
Amendment 137 #

2016/0151(COD)

Proposal for a directive
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibility of to content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
2016/10/19
Committee: IMCO
Amendment 173 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 2
Draft Union codes of conduct referred to in Articles 6a (3), 9(2) and 9(4) and amendments or extensions to existing Union codes of conduct shall be submitted to the Commission by the signatories of these codes for information.
2016/10/19
Committee: IMCO
Amendment 175 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 3
The Commission may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission mayshall publish those codes as appropriate.;
2016/10/19
Committee: IMCO
Amendment 193 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of for foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans- fatty acids, salt or sodium and sugars.
2016/10/19
Committee: IMCO
Amendment 199 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beverages.
2016/10/19
Committee: IMCO
Amendment 207 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 a (new)
(11a) The following Article is inserted: ‘Article 9a Member States remain free to take appropriate and non-discriminatory measures ensuring the appropriate prominence of audiovisual media services of general interest. Such measures shall be proportionate and meet general objectives such as media pluralism, freedom of speech, and cultural diversity clearly defined by Member States in accordance with Union law. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.’
2016/10/19
Committee: IMCO
Amendment 209 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 b (new)
Directive 2010/13/EU
Article 9 b (new)
(11b) The following Article is inserted: ‘Article 9b Member States shall ensure that third parties other than the recipient of a service do not modify the programmes and services of providers concerned without their explicit consent.’
2016/10/19
Committee: IMCO
Amendment 312 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to, inter alia, illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
2016/10/19
Committee: IMCO
Amendment 321 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct for information. The Commission may request ERGA to give an opinion on the drafts, or amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
2016/10/19
Committee: IMCO
Amendment 60 #

2016/0149(COD)

Proposal for a regulation
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for SMEs and micro-enterprises, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
2017/03/30
Committee: IMCO
Amendment 61 #

2016/0149(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) In view of the fact that, according to Flash Eurobarometer 413, a majority of companies that sell, used to sell or tried to sell online considered high delivery costs together with expensive complaints process and guarantees to be a problem when selling online, further action is needed to ensure that all retailers and consumers, in particular small and micro enterprises and consumers in remote areas, fully benefit from seamless cross- border parcel delivery services, which are accessible and affordable, without ignoring that consumers have expectations to buy with "free delivery", like they stated in the answers to 2015 Public Consultation on Cross-Border Parcel Delivery.
2017/03/30
Committee: IMCO
Amendment 73 #

2016/0149(COD)

Proposal for a regulation
Recital 8
(8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal and parcel items are covered by thatose definitions. This concerns in particular postal itemsitems delivered or not by the Universal Service Provider, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise with or without commercial value. This Regulation should therefore cover, in line with consistent practice, postal itemsarcels, delivered or not by the Universal service provider, weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with the current practice and Directive 97/67/EC, each step inof the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers, as well as consolidators. Providers of parcel delivery services using alternative business models and e-commerce platforms should also be subject to this Regulation, if they provide at least one of these steps in the postal delivery chain. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transportpostal sector.
2017/03/30
Committee: IMCO
Amendment 78 #

2016/0149(COD)

Proposal for a regulation
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be definconsidered in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels, as well as the transfer costs between the subsidiaries of the parcel delivery services providers. Terminal rates are commercially sensitive business data.
2017/03/30
Committee: IMCO
Amendment 81 #

2016/0149(COD)

Proposal for a regulation
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
2017/03/30
Committee: IMCO
Amendment 98 #

2016/0149(COD)

Proposal for a regulation
Recital 17
(17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the Commission and, upon justified request, to the national regulatory authorities of the otheraffected Member States and to the Commission. Confidentiality is toshould be ensured by the national regulatory authorities and the Commission. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions, providing that confidentiality is ensured.
2017/03/30
Committee: IMCO
Amendment 101 #

2016/0149(COD)

Proposal for a regulation
Recital 18
(18) Universal service providers providing pParcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by unparcel deliversaly service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designatedthird-party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State. Whenever the parcel delivery service provider concludes multilateral agreements on terminal rates, equal and non-discriminatory third party access to certain cross-border parcel delivery services provided under such multilateral agreements should encourage competition, be cost-oriented, benefit consumers and result in a more efficient use of existing networks, particularly in rural and remote areas.
2017/03/30
Committee: IMCO
Amendment 107 #

2016/0149(COD)

Proposal for a regulation
Recital 19
(19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange, whichunless parties agree on an alternative point in the network. The inward office of exchange is an office or a facility determined by unparcel deliversaly service providers in the destination Member State for handing over incoming postal items other than items of correspondence.
2017/03/30
Committee: IMCO
Amendment 134 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
2017/03/30
Committee: IMCO
Amendment 147 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating universal service provider toperformed being either terminal dues, inward land rates, or transfer prices by the parcel delivery services operator of the destorigination universal service providerng Member State to the parcel delivery operator of the destination Member State for the costs of distributing the cross- border parcel delivery serviceitems in the destination Member State.
2017/03/30
Committee: IMCO
Amendment 152 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
(c a) "terminal dues" means payments, from the originating universal service provider to the destination universal service provider for the costs of distributing cross-border items of correspondence delivered in the destination Member State;
2017/03/30
Committee: IMCO
Amendment 154 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
(c b) "inward land rates" means payments performed by the Universal service Provider of the originating Member State to the destination Universal Service Provider for the cost of distributing cross-border parcel delivery in the destination Member State;
2017/03/30
Committee: IMCO
Amendment 156 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c c (new)
(c c) "transfer prices" means payments performed by a Parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State for the cost of distributing its parcels in the destination Member State.
2017/03/30
Committee: IMCO
Amendment 157 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers, including those parcel delivery services using alternative business models and e-commerce platforms, shall submit the following standardized information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
2017/03/30
Committee: IMCO
Amendment 162 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the provida commercial description of the parcel delivery services offered by the provider including delivery options and information provided to the consumer;
2017/03/30
Committee: IMCO
Amendment 170 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models and e- commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information: :
2017/03/30
Committee: IMCO
Amendment 179 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b
(b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar yearover the previous calendar year which is to be calculated on the basis of the average annual number of full-time, part time, temporary employees and self- employed, as well as persons working for sub-contracting companies in clearance, sorting, transport or distribution of parcels and should include any person who, during the previous calendar year, has performed services related to any step of the value chain for and under the direction of a parcel services provider or its subsidiaries in return for which he receives remuneration;
2017/03/30
Committee: IMCO
Amendment 188 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handled in the Member State in which the provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.arcels;
2017/03/30
Committee: IMCO
Amendment 203 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 personsWhere fewer than 50 persons work for a parcel delivery service provider, irrespective of their contractual basis, and are involved in the provision of parcel delivery services in the Member State in which that provider is established, that provider shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
2017/03/30
Committee: IMCO
Amendment 132 #

2016/0023(COD)

Proposal for a regulation
Recital 14
(14) In the absence of relevant available mercury-free production processes, operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercury should be set with a view to reducing total mercury emissions and releases from such production processes by 50 % by 2020 compared to 2010 in order to limit environmental and health impacts. Measures should be taken to reduce the use of mercury and to phase out its use in such production processes as quickly as possible and in any event within 10 years of the entry into force of the Convention.
2016/07/18
Committee: ENVI
Amendment 168 #

2016/0023(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
The first subparagraph shall not apply to the export of the mercury compounds listed in Annex I for laboratory-scale research, for mercury in pre-dosed capsules for the in-situ generation of dental amalgam, for vaccines and substances for allergy testing and for mercury or mercury compounds intended for the manufacture of homeopathic and anthroposophic medicinal products or their active pharmaceutical ingredients.
2016/07/18
Committee: ENVI
Amendment 339 #

2016/0023(COD)

Proposal for a regulation
Annex III – part – paragraph 2 – indent 2
- Reduction of direct and indirect release of mercury and of mercury compounds into air, water and land in terms of per tonne of substancese emissions and releases in terms of per unit producedtion by 50% by 2020 as compared to 2010; and
2016/07/18
Committee: ENVI
Amendment 314 #

2015/2354(INI)

Motion for a resolution
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directive; rejects any suggestion that the scope of the Services Directive should be extended;
2016/02/26
Committee: IMCO
Amendment 331 #

2015/2354(INI)

Motion for a resolution
Paragraph 27
27. Supports the Commission proposal to introduce a services passport to help service providers demonstrate that they satisfy the requirements applicable to them in the Member State where they wish to provide their service on a temporary basis; considers that this initiative should be aimed at reducing administrative burden for service providers and authorities and simplifying the procedures applicable to cross-border service provision; stresses that this must not be accompanied by the introduction of the country-of-origin principle;
2016/02/26
Committee: IMCO
Amendment 334 #

2015/2354(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Welcomes, as a matter of principle, the initiatives announced by the Commission to increase transparency, efficiency and accountability in public procurement; stresses, however, that the implementation and application of new EU directives should take precedence over the introduction of new instruments such as the contract register; stresses in this connection that possible data analysis tools must not lead to new or additional reporting requirements; recalls that an ex-ante evaluation mechanism should be purely voluntary for large infrastructure projects;
2016/02/26
Committee: IMCO
Amendment 335 #

2015/2354(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Takes the view, in respect of the professional services sector, that different approaches to regulation do not per se constitute an obstacle to the deepening of the internal market; stresses that rules on access to and the exercise of professions may be necessary for the protection of public interest and consumer protection and their evaluation makes sense only in the national context;
2016/02/26
Committee: IMCO
Amendment 13 #

2015/2346(INI)

Motion for a resolution
Recital C
C. whereas 25 % of regulated professions are regulated in only one Member State;deleted
2016/01/28
Committee: IMCO
Amendment 141 #

2015/2346(INI)

Motion for a resolution
Paragraph 22
22. Draws attention also to the restrictions in Member States as regards the legal form of service providers and their shareholding or management structure, and as regards restrictions on the joint exercise of the profession; considers that these restrictions are serious obstacles to cross-border service provision;deleted
2016/01/28
Committee: IMCO
Amendment 152 #

2015/2346(INI)

Motion for a resolution
Paragraph 23
23. Emphasises that the notification obligation contained in the Services Directive could have been effective in reducing or eliminating NTBs, but has been neglected by Member States and the Commission; welcomes, therefore, the renewed focus on the notification procedure in the Single Market Strategy, as through early engagement as regards proposed regulatory measures, disproportionate national measures can be revised to resolve issues before they occur;
2016/01/28
Committee: IMCO
Amendment 157 #

2015/2346(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to address these barriers, including through improved mutual recognition and, if appropriate, legislative action, such as, as in the case of the Commission’s recently announced Services Passport initiative;
2016/01/28
Committee: IMCO
Amendment 164 #

2015/2346(INI)

Motion for a resolution
Paragraph 26
26. Points out that many of the Member States’ regulations on the access and exercise of regulated professions are disproportionate and create unnecessary regulatory obstacles to the mobility of professionals;deleted
2016/01/28
Committee: IMCO
Amendment 166 #

2015/2346(INI)

Motion for a resolution
Paragraph 26
26. Points out that manysome of the Member States’ regulations on the access and exercise of regulated professions are disproportionate and create unnecessary regulatory obstacles to the mobility of professionalimportant guarantors of the quality of the requisite training and thus an important element in successful qualification systems;
2016/01/28
Committee: IMCO
Amendment 173 #

2015/2346(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Concurs with the Commission's view that dual learning systems are to be recommended as examples of best practice within the European Union;
2016/01/28
Committee: IMCO
Amendment 177 #

2015/2346(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to address the reform priorities of Member States in the area of professional services in the context of the European Semester and country- specific recommendations on deregulating certain professions in the Member States;
2016/01/28
Committee: IMCO
Amendment 11 #

2015/2259(INI)

Motion for a resolution
Recital A
A. whereas Regulation (EC) No 1935/2004 (‘the Framework Regulation’) sets out general safety requirements for all food contact materials (FCMs)and articles which are intended to come into contact directly or indirectly with food in order to ensure that substances migrating from the materialdo not migrate into the food concerned do not endanger human health orin quantities large enough to endanger human health or to bring about an unacceptable change in the composition or characteristics of the food itselff the food or a deterioration in its organoleptic properties;
166/01/03
Committee: ENVI
Amendment 14 #

2015/2259(INI)

Motion for a resolution
Recital E
E. whereas materials not regulated by specific EU measures can pose a risk to public health and give rise to loss of consumer trust, legal uncertainty and increased compliance costs for operators; whereas the lack of uniform measures is detrimental to the smooth functioning of the internal market and is hampering the drive towards a circular economy;
166/01/03
Committee: ENVI
Amendment 19 #

2015/2259(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the internal market for the four harmonised products groups is working well; whereas many Member States have introduced or are working on different measures for the remaining individual food contact materials and articles; whereas in respect of these national measures the principle of mutual recognition does not work and the effective functioning of the internal market is thus being impeded;
166/01/03
Committee: ENVI
Amendment 25 #

2015/2259(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the aim of the framework regulation could be achieved if uniform EU testing methods were to be developed for all food contact materials and articles;
166/01/03
Committee: ENVI
Amendment 26 #

2015/2259(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas introducing a safety check for pre-manufactured food contact articles could be one way of supplementing certain specific measures;
166/01/03
Committee: ENVI
Amendment 27 #

2015/2259(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas the lack of uniform specific measures will make it impossible to achieve the aims of the framework regulation, with the result that the effective functioning of the internal market and a high degree of protection of public health and consumers' interests cannot be guaranteed;
166/01/03
Committee: ENVI
Amendment 28 #

2015/2259(INI)

Motion for a resolution
Recital E e (new)
Ee. whereas the more effective coordination of all provisions which have a bearing on the use of food contact materials and articles could help to improve consumer health protection and reduce the impact of packaging materials on the environment, and whereas at the same time this would do much to make the circular economy more effective;
166/01/03
Committee: ENVI
Amendment 48 #

2015/2259(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Urges the Commission, when drawing up the measures required, to take account of the study conducted by the EPRS entitled 'Food Contact Materials - Regulation (EC) 1935/2004 - European Implementation Assessment' and of the national measures which are already in force or are being prepared;
166/01/03
Committee: ENVI
Amendment 58 #

2015/2259(INI)

Motion for a resolution
Paragraph 4
4. Believes that, given the prevalence of the materials referred to on the EU market and the risk they pose to human health, the Commission should prioritise the drawing-up of specific EU measures for paper, board, varnish, coatings, inks and adhesives;
166/01/03
Committee: ENVI
Amendment 64 #

2015/2259(INI)

Motion for a resolution
Paragraph 5
5. Is convinced that, in light of the adoption of more specific measures at EU level can further the EU's focus on moving towards a circular economy, specific measures at EU level should also be proposed for recycled paper and boardefforts to establish a more effective circular economy; points out that one precondition for this would be better traceability of substances in food contact materials and articles which could pose a threat to public health;
166/01/03
Committee: ENVI
Amendment 70 #

2015/2259(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Emphasises the difficult position which small and medium-sized enterprises in the production chain find themselves in, given that, in the absence of relevant legislative provisions, they are not in position to receive or pass on information which would guarantee that their products are safe;
166/01/03
Committee: ENVI
Amendment 74 #

2015/2259(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Emphasises the importance of further scientific research into the interaction between different chemicals (cocktail effect), into non-intentionally added substances (NIAS), into nanomaterials and into the impact of contaminants contained in recycled materials;
166/01/03
Committee: ENVI
Amendment 86 #

2015/2259(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to study further the approach based on safety checks for pre-manufactured food contact articles or other approval procedures for food contact articles;
166/01/03
Committee: ENVI
Amendment 105 #

2015/2259(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to ensure better coordination between REACH and FCM legislation, especially as regards substances classified as SVHCs under REACH, and to ensure that harmful substances phased out under REACH are also phased out in FCMs- related scientific developments under REACH are taken into account in the context of the use of certain substances in food contact materials and articles so that any danger to public health can be ruled out;
166/01/03
Committee: ENVI
Amendment 118 #

2015/2259(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the fact that the Commission has finally announced its plan to introduce a migration limit of 0.05 mg/kg for Bisphenol A (BPA) for packaging and containers made of plastic, as well as for varnishes and coatings used in metal containers; considers this an improvement compared to the current migration limit of 0.6 mg/kg for BPA in plastic; regrets that this migration limit does not apply to, owing to a lack of specific measures, there are no corresponding migration limits for all FCMs;
166/01/03
Committee: ENVI
Amendment 131 #

2015/2259(INI)

Motion for a resolution
Paragraph 12
12. Believes that a Declaration of Compliance (DoC) can beis an effective tool for ensuring that FCMs are compliant with the relevant rules, and recommends that all FCMs, whethern harmonised or non- harmonised,specific measures are adopted, all FCMs are accompanied by a DoC and the appropriate documentation, as is currently the case for FCMs for which specific measures have been adopted;
166/01/03
Committee: ENVI
Amendment 143 #

2015/2259(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Takes the view that further harmonisation of food contact materials and articles can help to bring about a uniformly high level of public health protection;
166/01/03
Committee: ENVI
Amendment 144 #

2015/2259(INI)

Motion for a resolution
Paragraph 16
16. Recommends the development of a singleintroduction of uniform EU standards for analytical testing of given categories of food contact materials and articles in order to ensure that FCMs are tested by companies and competent authorities across the EU can carry out tests using one and the same method; notes that introducing uniform testing methods would guarantee equal treatment in the internal market and thus make for improved, uniform monitoring;
166/01/03
Committee: ENVI
Amendment 155 #

2015/2259(INI)

Motion for a resolution
Paragraph 17
17. Stresses that it is the responsibility of each Member State to carry out controls on companies that produce or import FCMs; regrets, however, that some Member States do not impose the requirement for companies to register their business activity, thereby allowing such companies to circumvent conformity controls; cCalls on the Commission to revise the Framework Regulation, so as, in keeping with the outcome of the revision of Regulation (EC) No 882/20041a, to require that Member States impose an obligation on all companies producing or importing FCMs to officially register their business activity; _________________ 1a OJ L 191, 28.5.2004, pp. 1-52
166/01/03
Committee: ENVI
Amendment 158 #

2015/2259(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Welcomes the Commission's 'Better Training for Safer Food' platform; calls for its activities to be expanded;
166/01/03
Committee: ENVI
Amendment 166 #

2015/2259(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls for more effective cooperation and coordination between the Member States and the Commission on the early warning system for foodstuffs and feedingstuffs, so that risks to public health can be dealt with quickly and effectively;
166/01/03
Committee: ENVI
Amendment 237 #

2015/2147(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Emphasises that the lack of a European digital framework has fostered developments which have highlighted the failure to reconcile the interests of large and small providers and, more recently in particular, the need to establish a level playing field;
2015/10/21
Committee: ITREIMCO
Amendment 438 #

2015/2147(INI)

Motion for a resolution
Paragraph 9
9. Considers that there is a risk that the Commission’s proposals entail a growing disparity between the applicable legal standards for offline and online purchases and for movable goods and digital content; points out that the Commission is planning a REFIT of the whole consumer acquis for 2016; calls on the Commission in this context once against to consider whether the Commission’s planned proposals ought not to be launched at the same time as the REFIT;
2015/10/21
Committee: ITREIMCO
Amendment 552 #

2015/2147(INI)

Motion for a resolution
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending unjustified geo- blocking practices and unfair price discrimination based on geographical locationjustified price differences; points out in this connection that the correct and complete application of Article 20(2) of the Services Directive and Article 8(3) of the Consumers’ Rights Directive is essential; considers, at the same time, that certain practices may be justified on account of the fragmentation of the law which persists in the Member States;
2015/10/21
Committee: ITREIMCO
Amendment 31 #

2015/2065(INI)

Motion for a resolution
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, which in turn may have a detrimental impact on the entire EU economy and consumers by limiting consumers' choice of products and their access to new and innovative products; whereas UTPs may discourage cross- border trade in the EU and hinder the proper functioning of the internal market; whereas unfair practices can result in particular in enterprises cutting back on investment and innovation owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
2015/09/18
Committee: IMCO
Amendment 36 #

2015/2065(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas unfair practices may have an impact on price negotiations between enterprises and on consumers' welfare when it comes to pricing;
2015/09/18
Committee: IMCO
Amendment 125 #

2015/2065(INI)

Motion for a resolution
Paragraph 9
9. Endorses the Commission's view that UTPs arise as a result of a lack of balance in commercial relationships and a worrying increase in the bargaining power of larger entities, which gives them a dominant position on the market or a position in the commercial relationship that allows them to impose unfavourable contractual terms on weaker trading partners and to make use of unfair practices that grossly deviate from good commercial conduct and are contrary to the principles of good faith and fair dealing; condemns practices that exploit imbalances in bargaining power between economic operators and have an adverse effect on freedom to contract;
2015/09/18
Committee: IMCO
Amendment 134 #

2015/2065(INI)

Motion for a resolution
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, product innovation and consumers' choice of goods; and consequently consumers' access to innovative products;
2015/09/18
Committee: IMCO
Amendment 253 #

2015/2065(INI)

Motion for a resolution
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies next to the concept of private enforcement;
2015/09/18
Committee: IMCO
Amendment 194 #

2015/0287(COD)

Proposal for a directive
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer actively provides data, such as name and e-mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content.
2017/02/15
Committee: IMCOJURI
Amendment 292 #

2015/0287(COD)

Proposal for a directive
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter-performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/EC the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
2017/02/15
Committee: IMCOJURI
Amendment 303 #

2015/0287(COD)

Proposal for a directive
Recital 37 a (new)
(37a) Where the contract is based on the supply of digital content in exchange for a counter-performance other than money, after termination of the contract the data must be treated in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1.)
2017/02/15
Committee: IMCOJURI
Amendment 575 #

2015/0287(COD)

Proposal for a directive
Article 6 – paragraph 2 – point a
(a) whether the digital content is supplied in exchange for a price or other counter-performance than money;deleted
2017/02/15
Committee: IMCOJURI
Amendment 641 #

2015/0287(COD)

Proposal for a directive
Article 9 – paragraph 1
1. The burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall be on the supplier for the first six months.
2017/02/15
Committee: IMCOJURI
Amendment 760 #

2015/0287(COD)

Proposal for a directive
Article 12 – paragraph 5
5. The consumer may terminate the contract only if the lack of conformity with the contract impairs functionality, interoperability and other main performance features of the digital content such as its accessibility, continuity and security where required by Article 6 paragraphs (1) and (2). Such termination may be effected, in accordance with Directive 1999/44/EC, within a period of two years. The burden of proof that the lack of conformity with the contract does not impair functionality, interoperability and other main performance features of the digital content shall be on the supplier.
2017/02/15
Committee: IMCOJURI
Amendment 794 #

2015/0287(COD)

Proposal for a directive
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expected in order to refrain from the use of theany form of counter- performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content;
2017/02/15
Committee: IMCOJURI
Amendment 811 #

2015/0287(COD)

Proposal for a directive
Article 13 – paragraph 2 – point c
(c) the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used data format;
2017/02/15
Committee: IMCOJURI
Amendment 856 #

2015/0287(COD)

Proposal for a directive
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economic damage to the digital environment of the consumer caused by a lack of conformity with the contract or a failure to supply the digital content. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.deleted
2017/02/15
Committee: IMCOJURI
Amendment 904 #

2015/0287(COD)

Proposal for a directive
Article 15 – paragraph 2 – point b
(b) the supplier shall refrain from the use of the counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer.
2017/02/15
Committee: IMCOJURI
Amendment 939 #

2015/0287(COD)

Proposal for a directive
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter-performance than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer;
2017/02/15
Committee: IMCOJURI
Amendment 951 #

2015/0287(COD)

Proposal for a directive
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used data format; and
2017/02/15
Committee: IMCOJURI
Amendment 30 #

2015/0284(COD)

Proposal for a regulation
Recital 2
(2) The technological developmentdevelopment of technology and innovative services leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another Member State of the Union.
2016/06/29
Committee: IMCO
Amendment 41 #

2015/0284(COD)

Proposal for a regulation
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home countryMember State of residence.
2016/06/29
Committee: IMCO
Amendment 43 #

2015/0284(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) A person should be deemed to be present not merely temporarily if they stay in the same place for at least six months, with the proviso that brief interruptions should be disregarded. A person should be deemed to be present temporarily if the stay is limited to a particular period of less than 6 months.
2016/06/29
Committee: IMCO
Amendment 65 #

2015/0284(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Subscribers also often encounter difficulties when they wish to use their paid-for on-line content services in a Member State other than their Member State of residence.
2016/06/29
Committee: IMCO
Amendment 71 #

2015/0284(COD)

Proposal for a regulation
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content online. A registration to receive content alerts or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
2016/06/29
Committee: IMCO
Amendment 76 #

2015/0284(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home countryMember State of residence to do so across borders.
2016/06/29
Committee: IMCO
Amendment 80 #

2015/0284(COD)

Proposal for a regulation
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a universal mandatory fee such as a broadcasting license fee should not be regarded as a payment in the context of this Regulation.
2016/06/29
Committee: IMCO
Amendment 98 #

2015/0284(COD)

Proposal for a regulation
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement. The provider should provide its subscribers in advance with general information concerning the quality of delivery of an online content service in Member States other than their Member State of residence, in particular information that the quality of delivery may vary from the quality of delivery of the online content service in the Member State of residence. Such information may be provided on the provider's website.
2016/06/29
Committee: IMCO
Amendment 103 #

2015/0284(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers in return for payment are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This Regulation and in particular the legal mechanism localising the provision of, the access to, and the use of an online content service in the Member State of the subscriber's residence should not prevent a provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
2016/06/29
Committee: IMCO
Amendment 125 #

2015/0284(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) Verification means may include checking of IP addresses on the basis of random sampling instead of constant monitoring of location. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber’s temporary presence in another Member State while accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
2016/06/29
Committee: IMCO
Amendment 133 #

2015/0284(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) The above principles should also apply to subscribers who are in a Member State other than their Member State of residence. In that case they should be informed about the necessary technical and organisational measures. The necessary technical and organisational measures should include their providing subscribers with transparent information about the methods and purposes of checking and taking appropriate safety precautions.
2016/06/29
Committee: IMCO
Amendment 159 #

2015/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing;, where he is not only staying temporarily and to which he regularly returns.
2016/06/29
Committee: IMCO
Amendment 166 #

2015/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence that is limited to a certain period;
2016/06/29
Committee: IMCO
Amendment 177 #

2015/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e – point 2
2. without payment of money provided that the subscriber's Member State of residence is verified by the service provider.deleted
2016/06/29
Committee: IMCO
Amendment 181 #

2015/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) "Portable" means that subscribers can effectively access and use the online content service in the Member State of residence without being limited to a specific location.deleted
2016/06/29
Committee: IMCO
Amendment 211 #

2015/0284(COD)

Proposal for a regulation
Article 3 a (new)
Article 3a Verification of the Member State of residence 1. The provider of an online content service provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These means shall be reasonable and shall not go beyond what is necessary in order to achieve their purpose. 2. In order to comply with the obligation set out in paragraph 1, the provider shall rely on at least two of the following verification means: a. a declaration by the subscriber on their Member State of residence; b. an identity card or any other valid document confirming the subscriber's Member State of residence; c. the billing address or the postal address of the subscriber; d. bank details such as a bank account or local credit or debit card of the subscriber; e. the place of installation of a set top box or a similar device used for supply of services to the subscriber; f. the subscriber being a party to a contract for an internet or telephone connection in the Member State; g. the subscriber paying a licence fee for other services provided in the Member State, such as public service broadcasting; h. sampling or periodic checking of Internet Protocol (IP) address to identify the Member State where the subscriber accesses and uses the online content service or identifying that Member State by other means of geolocation; i. registration on local electoral rolls, if publicly available; or j. the payment of local/poll taxes, if the information concerned is publicly available.
2016/06/29
Committee: IMCO
Amendment 169 #

2015/0278(COD)

Proposal for a directive
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of certain products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
2017/02/14
Committee: IMCO
Amendment 181 #

2015/0278(COD)

Proposal for a directive
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, including persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
2017/02/14
Committee: IMCO
Amendment 196 #

2015/0278(COD)

Proposal for a directive
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2012 of the European Parliament and of the Council34 includes accessibility requirements for all public sector bodies’ websites and mobile applications. Nevertheless, that Directive includes a specific liset of public sector bodies’ websitesexceptions because making certain content of websites and certain types of websites fully accessible creates a disproportionate burden. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile application, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2012. Activities of ecommerce of public sector websites not covered by that Directive, fall under the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2012 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
2017/02/14
Committee: IMCO
Amendment 205 #

2015/0278(COD)

Proposal for a directive
Recital 23
(23) In somemany situations, common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X. The accessibility requirements should however only be applicable when constructing new infrastructure or undertaking significant renovations.
2017/02/14
Committee: IMCO
Amendment 216 #

2015/0278(COD)

Proposal for a directive
Recital 29
(29) Economic operators should, in cooperation with national authorities, be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of accessibility and to guarantee fair competition on the Union market.
2017/02/14
Committee: IMCO
Amendment 235 #

2015/0278(COD)

Proposal for a directive
Recital 40 a (new)
(40a) With a view to establishing common technical specifications and harmonised standards meeting the accessibility requirements for the products and services in the most efficient way the Commission should involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the decision making process where feasible .
2017/02/14
Committee: IMCO
Amendment 239 #

2015/0278(COD)

Proposal for a directive
Recital 44
(44) The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products. __________________ 40 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13/08/2008, p. 30).deleted
2017/02/14
Committee: IMCO
Amendment 241 #

2015/0278(COD)

Proposal for a directive
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor.deleted
2017/02/14
Committee: IMCO
Amendment 254 #

2015/0278(COD)

Proposal for a directive
Recital 53 a (new)
(53a) In order to allow service providers sufficient time to adapt to requirements laid down by this Directive, it is necessary to provide for a transitional period of six years after the date of application of this Directive, during which products used for the provision of a service which were placed on the Union market before that date do not need to comply with the accessibility requirements pursuant to this Directive.
2017/02/14
Committee: IMCO
Amendment 274 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 1 – point d
(d) consumer terminal equipment with advanced computing capability related to audio-visual media services.
2017/02/14
Committee: IMCO
Amendment 281 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 2 – point b
(b) audiovisual media services and related consumer equipment with advanced computing capabilitythe architecture of websites and mobile applications of audio-visual media services;
2017/02/14
Committee: IMCO
Amendment 295 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 2 – point e
(e) e-books and related equipment;
2017/02/14
Committee: IMCO
Amendment 309 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 3 – point a
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 Directive 2014/24/EU and Directive 2014/25/EU, designed or constructed after the date of application of this Directive without changing the compulsory or voluntary nature of the provisions. __________________ 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)
2017/02/14
Committee: IMCO
Amendment 326 #

2015/0278(COD)

Proposal for a directive
Article 1 a (new)
Article 1a Exclusion of microenterprises Member States may exclude from the application of this Directive microenterprises because of their size, resources and the nature of those economic operators.
2017/02/14
Committee: IMCO
Amendment 327 #

2015/0278(COD)

Proposal for a directive
Article 2 – point 1
(1) "accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including personswhich are usable for people with disabilities, on an equal basis with others in a general manner and without substantial external help;
2017/02/14
Committee: IMCO
Amendment 334 #

2015/0278(COD)

Proposal for a directive
Article 2 – point 2
(2) “universal design” referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible and as far as technically possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devicesthe need to connect assistive devices such as third- party provider applications, peripheral devices, software, or hardware to the particular product in order to make it accessible for particular groups of persons with functional limitations, including persons with disabilities where this is needed;
2017/02/14
Committee: IMCO
Amendment 344 #

2015/0278(COD)

Proposal for a directive
Article 2 – point 19
(19) “recall” means any measure aiming at the return of a product that has already been made available to the end user;deleted
2017/02/14
Committee: IMCO
Amendment 348 #

2015/0278(COD)

Proposal for a directive
Article 2 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of persons with disabilities;
2017/02/14
Committee: IMCO
Amendment 361 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 3
(3) The followingAn appropriate number of self- service terminals: Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I shall comply with the requirements set out in Section II of Annex I: automatic Teller Machines, ticketing machines and check-in machines.
2017/02/14
Committee: IMCO
Amendment 369 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 5
5. Audiovisual media services and the related consumer equipment with advanced computing capabilityConsumer terminal equipment in relation to audiovisual media services as well as the architecture of websites and mobile applications of audio-visual media services shall comply with the requirements set out in Section IV of Annex I.
2017/02/14
Committee: IMCO
Amendment 372 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6
(6) An appropriate number of air, bus, rail and waterborne passenger transport services, the websites, the mobile device- based services, smart ticketing and real- time information and Sself-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I.
2017/02/14
Committee: IMCO
Amendment 375 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 7
(7) BAn appropriate number of banking services, the websites, the mobile device- based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I.
2017/02/14
Committee: IMCO
Amendment 380 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 8
8. E-books and related equipment shall comply with the requirements set out in Section VII of Annex I.
2017/02/14
Committee: IMCO
Amendment 389 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions, that the built environment, used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall only as regards to the construction of new infrastructure and substantial renovations comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
2017/02/14
Committee: IMCO
Amendment 402 #

2015/0278(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
2017/02/14
Committee: IMCO
Amendment 408 #

2015/0278(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Manufacturers shall keep a register of complaints, of non-conforming products and products recalls, and shall keep distributors informed of any such monitoring.
2017/02/14
Committee: IMCO
Amendment 416 #

2015/0278(COD)

Proposal for a directive
Article 5 – paragraph 8
8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk related to accessibilityfor security or health, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
2017/02/14
Committee: IMCO
Amendment 423 #

2015/0278(COD)

Proposal for a directive
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed bynon- conformity of products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
2017/02/14
Committee: IMCO
Amendment 429 #

2015/0278(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that ithe product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
2017/02/14
Committee: IMCO
Amendment 433 #

2015/0278(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for security or health, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
2017/02/14
Committee: IMCO
Amendment 437 #

2015/0278(COD)

Proposal for a directive
Article 7 – paragraph 7
7. Importers shall keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of such monitoring.
2017/02/14
Committee: IMCO
Amendment 440 #

2015/0278(COD)

Proposal for a directive
Article 7 – paragraph 8
8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore where the product presents a risk for security or health, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
2017/02/14
Committee: IMCO
Amendment 448 #

2015/0278(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).
2017/03/27
Committee: IMCO
Amendment 453 #

2015/0278(COD)

Proposal for a directive
Article 8 – paragraph 3
3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk for security or health, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
2017/03/27
Committee: IMCO
Amendment 457 #

2015/0278(COD)

Proposal for a directive
Article 8 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk for security or health, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
2017/03/27
Committee: IMCO
Amendment 462 #

2015/0278(COD)

Proposal for a directive
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed bynon-conformity of products which they have made available on the market.
2017/03/27
Committee: IMCO
Amendment 465 #

2015/0278(COD)

Proposal for a directive
Article 10 – paragraph 2
2. Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the productt least five years or a period that corresponds to the life-cycle of the product in question.
2017/03/27
Committee: IMCO
Amendment 468 #

2015/0278(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilities. Service providers shall keep the information as long as the service is in operation.
2017/03/27
Committee: IMCO
Amendment 481 #

2015/0278(COD)

Proposal for a directive
Article 12 – paragraph 4
4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources, whemade available for ther public or privaterpose of improving accessibility.
2017/03/27
Committee: IMCO
Amendment 489 #

2015/0278(COD)

Proposal for a directive
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notifyinform the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include tThe assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon reasonable request. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.
2017/03/27
Committee: IMCO
Amendment 504 #

2015/0278(COD)

Proposal for a directive
Article 16
General principles of the CE marking of The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.Article 16 deleted products
2017/03/27
Committee: IMCO
Amendment 512 #

2015/0278(COD)

Proposal for a directive
Article 19 – title
Procedure for dealing with products presenting a risk related to accessibilityfor security or health at national level
2017/03/27
Committee: IMCO
Amendment 516 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk for security or health related to accessibility aspects covered by this Directive, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
2017/03/27
Committee: IMCO
Amendment 518 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements, or to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescrib within an additional reasonable period, if the relevant economic operator has failed to take any corrective measure.
2017/03/27
Committee: IMCO
Amendment 521 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 4
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets, to withdraw the product from that market or to recall it. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
2017/03/27
Committee: IMCO
Amendment 523 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 5 – introductory part
5. The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk involvedfor security or health, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to any of the following:
2017/03/27
Committee: IMCO
Amendment 526 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 5 – point b
(b) the shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity, resulting in a risk to safety or health.
2017/03/27
Committee: IMCO
Amendment 528 #

2015/0278(COD)

Proposal for a directive
Article 19 – paragraph 8
(8) Member States shall ensure that appropriate, proportionate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.
2017/03/27
Committee: IMCO
Amendment 542 #

2015/0278(COD)

Proposal for a directive
Article 22 – paragraph 2 – point b
(b) the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with disabilities, taking into account the frequency and, duration of use of the specific product or service; as well as the estimated amount of users.
2017/03/27
Committee: IMCO
Amendment 551 #

2015/0278(COD)

Proposal for a directive
Article 25 – paragraph 2 – point a
(a) provisions whereby a directly affected consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
2017/03/27
Committee: IMCO
Amendment 552 #

2015/0278(COD)

Proposal for a directive
Article 25 – paragraph 2 – point b
(b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that the provisions of this Directive are complied with,that are directly affected by the non-conformity of a product or service may take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this Directive are complied with.
2017/03/27
Committee: IMCO
Amendment 572 #

2015/0278(COD)

Proposal for a directive
Article 27 a (new)
Article 27 a Transitional period Without prejudice to Article 27(2), Member States may provide for a transitional period of six years after the date of application of this Directive during which service providers may continue to provide their services using products which were lawfully used to provide similar services before that date.
2017/03/27
Committee: IMCO
Amendment 600 #

2015/0278(COD)

Proposal for a directive
Annex I – Section IV – Title
AConsumer terminal equipment related to audio-visual media services and the related consumer equipment with advance computing capabilityarchitecture of websites and mobile applications
2017/03/27
Committee: IMCO
Amendment 601 #

2015/0278(COD)

Proposal for a directive
Annex I – Section IV – Part A
A. Services: 1. The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) products they use in the provision of the service, in accordance with the rules laid down in point B "Related consumer equipment with advance computing capability" (b) functioning of the service and about its accessibility characteristics and facilities as follows: (i) the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel; (ii) shall be provided; (iii) the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c). (c) consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessarydeleted ensuring the accessibility of the providing information about the alternatives to non-text content making websites accessible in a providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (d) to facilitate complementarities with assistive services; (e) policies and procedures and alterations in the opeinformation including functions, praction of the service targeted to address the needs of persons with functional limitations.ces,
2017/03/27
Committee: IMCO
Amendment 610 #

2015/0278(COD)

Proposal for a directive
Annex I – Section IV – Part B
B. Related terminal equipment with advance computing capability used by consumers: 1. Design and production: The design and production of products in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities and those with age -related impairments, shall be achieved by makeeting accessible the following: the functional performance requirements set out in point Ba, and shall include: (a) the information on the use of the product provided in the product itself (labelling, instructions, warning), which: (i) one sensory channel; (ii) (iii) (iv) fonts in foreseeable use conditions;: must be available by more than must be understandable; must be perceivable; shall have an adequate size of (b) the packaging of the product including the information provided in it (opening, closing, use, disposal); (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) available in ; contexnt formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and (ii) alternatives to non-text content;of instruction shall be instructions shall provide (d) the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2; (e) the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2disabilities; (f) the interfacing of the product with assistive devices. 2. design In order to make accessible the design of the products and their user interface as referred to in points (d) and (e) of point 1 they must be designed, where applicable, as follows: (a) orientation via more than one sensory channel; (b) provide for alternatives to speech for communication and orientation; (c) provide for flexible magnification and contrast; (d) provide for an alternative colour to convey information; (e) provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarity; (f) (g) provide for sequential control and alternatives to fine motor control; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.User interface and functionality provide for communication and provide for user control of volume; provide for modes of operation
2017/03/27
Committee: IMCO
Amendment 613 #

2015/0278(COD)

Proposal for a directive
Annex I – Section IV – Part B a (new)
Ba. Functional performance requirements (a) Usage without vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require vision; (b) Usage with limited vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that enables users to make use of their limited vision; (c) Usage without perception of colour Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour; (d) Usage without hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; (f) Usage without vocal capability Where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output; (g) Usage with limited manipulation or strength Where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength; (h) Usage with limited reach Where ICT products are freestanding or installed, the operational elements will need to be within reach of all users; (i) Minimising the risk of triggering photosensitive seizures Where ICT provides visual modes of operation, it shall provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition The ICT shall provide at least one mode of operation incorporating features that make it simpler and easier to use. (k) Privacy Where ICT incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those ICT features that are provided for accessibility.
2017/03/27
Committee: IMCO
Amendment 614 #

2015/0278(COD)

Proposal for a directive
Annex I – Section IV – Part C a (new)
Ca. Architecture of websites and mobile applications (a) Making the architecture of websites and mobile applications accessible in a consistent and adequate way for users’ perception, operation and understanding, where necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level.
2017/03/27
Committee: IMCO
Amendment 639 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VII – Title
E-books and related equipment
2017/03/27
Committee: IMCO
Amendment 642 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VII – Part A – point 1
1. The provision of services in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) ensuring the accessibility of the products they all actors of the supply chain meeting the functional performance requirements set out in point Ba, and shall include: (a) the products the service providers use in the provision of the service concerned, in accordance with the rules laid down in point B "Products"; (b) providing; (b) information about the functioning of the service and about its accessibility characteristics and facilities; as follows: (i) the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel, (ii) shall be provided; (iiilternatives to non-text content (c) the electronic information, including the related websites and online applications needed in the provision of the service shall be provided in accordance with point (c). (c) making websites accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessaryand the e-book equipment, needed in the provision of the service; (d) providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (d) the electronic information, including the related websites and online applications and the e-book equipment, needed in the provision of thinformation to facilitate complementarities with assistive service;s (e) including functions, practices, policies and, procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitationdisabilities.
2017/03/27
Committee: IMCO
Amendment 647 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VII – Part B – point 1
1. Design and production: The design and production of products in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities and those with age -related impairments, shall be achieved by makeeting accessible the followingthe functional performance requirements set out in point Ba, and shall include: (a) the information on the use of the product provided ion the product itself (labelling, instructions, warning), which: (i) must be available by more than one sensory channel; (ii) (iii) (iv) fonts in foreseeable use conditions;; must be understandable; must be perceivable; shall have an adequate size of (b) the packaging of the product including the information provided in it (opening, closing, use, disposal); (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and (ii) alternatives to non-text content;; content of instruction shall be instructions shall provide (d) the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2; (e) the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2; (f) the interfacing of the product with assistive devices. 2. design: In order to make accessible the design of the products and their user interface as referred to in points (d) and (e) of point 1 they must be designed, where applicable, as follows: (a) orientation via more than one sensory channel; (b) for communication and orientation; (c) and contrast; (d) convey information; (e) separate and control foreground from background including for reducing background noise and improve clarity; (f) (g) alternatives to fine motor control; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.; (f) the interfacing of the product with assistive devices. User interface and functionality provide for communication and provide for alternatives to speech provide for flexible magnification provide for an alternative colour to provide for flexible ways to provide for user control of volume; provide for sequential control and provide for modes of operation
2017/03/27
Committee: IMCO
Amendment 648 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VII – Part B a (new)
Ba. Functional performance requirements (a) Usage without vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require vision; (b) Usage with limited vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that enables users to make use of their limited vision; (c) Usage without perception of colour Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour; (d) Usage without hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; (f) Usage without vocal capability Where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output; (g) Usage with limited manipulation or strength Where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength; (h) Usage with limited reach Where ICT products are freestanding or installed, the operational elements will need to be within reach of all users; (i) Minimising the risk of triggering photosensitive seizures Where ICT provides visual modes of operation, it shall provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition The ICT shall provide at least one mode of operation incorporating features that make it simpler and easier to use; (k) Privacy Where ICT incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those ICT features that are provided for accessibility.
2017/03/27
Committee: IMCO
Amendment 649 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VII – Part B a (new)
Ba. Websites and mobile application (a) making e-book files accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary collaborating with specialist organisations (or “authorised entities”) to provide alternative accessible format copies; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (b) providing accessibility metadata to be communicated through the value chain to facilitate discoverability of accessible e- books
2017/03/27
Committee: IMCO
Amendment 652 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VIII – Part A – point 1
1. The provision of services in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) providing information about the functioning of the service and about its accessibility characteristics and facilities as follows: (i) available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel, (ii) shall be provided; (iii) the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b). (b) making websites accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international leveldisabilities shall be achieved by meeting the functional performance requirements set out in point Aa, and shall include: (a) information about the functioning of the service and about its accessibility characteristics and facilities; the information content shall be alternatives to non-text content (b) electronic information, including the related websites and online applications needed in the provision of the service;
2017/03/27
Committee: IMCO
Amendment 657 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VIII – Part A a (new)
Aa. Functional performance requirements (a) Usage without vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require vision; (b) Usage with limited vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that enables users to make use of their limited vision; (c) Usage without perception of colour Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour; (d) Usage without hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; (f) Usage without vocal capability Where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output; (g) Usage with limited manipulation or strength Where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength; (h) Usage with limited reach Where ICT products are freestanding or installed, the operational elements will need to be within reach of all users; (i) Minimising the risk of triggering photosensitive seizures Where ICT provides visual modes of operation, it shall provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition The ICT shall provide at least one mode of operation incorporating features that make it simpler and easier to use; (k) Privacy Where ICT incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those ICT features that are provided for accessibility.
2017/03/27
Committee: IMCO
Amendment 658 #

2015/0278(COD)

Proposal for a directive
Annex I – Section VIII – Part A b (new)
Ab. Websites and mobile application (a) making websites accessible in a consistent and adequate way for users’ perception, operation and understanding, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (b) the following content will be excluded: (i) image files published before six years after the date of application of this Directive, unless they are essential for completing the service; (ii) pre-recorded time based media published before six years after the date of application of this Directive; (iii) online maps and mapping services, as long as essential information is provided in an accessible digital manner for maps intended for navigational use; (iv) third party content that is neither funded nor developed nor under the control of, the service provider.
2017/03/27
Committee: IMCO
Amendment 89 #

2015/0276(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Waste prevention is the most efficient way to improve resource efficiency, to reduce the environmental impact of waste and to promote recycling materials of high quality. For those reasons, Member States should adopt measures that take account of the impact of packaging throughout its life-cycle;
2016/07/06
Committee: ENVI
Amendment 112 #

2015/0276(COD)

Proposal for a directive
Recital 8 a (new)
(8a) The rules on the further raising of recycling targets from 2030 onwards should be reviewed in the light of the experience gained in applying this Directive.
2016/07/06
Committee: ENVI
Amendment 225 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point g – point vi
(vi) 7580% of paper and cardboard;
2016/07/06
Committee: ENVI
Amendment 272 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Directive 94/62/EC
Article 6
(d) paragraphs 5, 8, and 9 are 9 is deleted;
2016/08/02
Committee: ENVI
Amendment 274 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 94/62/EC
Article 6 – paragraph 5
(5) Not later than 31 December 2007, the European Parliament and the Council shall, acting by qualified majority and on a proposal fromda) Paragraph 5 is replaced by the following: 5. Not later than 31 December 2028, the Commission, shall fix targets for the third five-year phase 20309 until 201435, based on the practical experience gained in the Member States in pursuit of the targets laid down in paragraph 1 and the findings of scientific research and evaluation techniques such as life-cycle assessments and cost-benefit analysis.
2016/08/02
Committee: ENVI
Amendment 278 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d b (new)
Directive 94/62/EC
Article 6 – paragraph 8 – introductory part
(8db) The introductory part in paragraph 8 is replaced by the following: 8. The Commission shall, as soon as possible and no later than 30 June 2005, present a report to the European Parliament and the Council on the progress of the implementation of this Directive and its impact on the environment, as well as on the functioning of the internal market. The report shall take into account individual circumstances in each Member State. It shall cover the following:
2016/08/02
Committee: ENVI
Amendment 279 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d b (new)
(db) In paragraph 8, point g is replaced by the following: (g) efforts to reduce further and, if appropriate, ultimately phase out heavy metals and other hazardous substances in packaging by 2010.
2016/08/02
Committee: ENVI
Amendment 280 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d d (new)
Directive 94/62/EC
Article 6 – paragraph 11 a (new)
(dd) The following paragraph 11a is added: '11a. Member States shall take appropriate measures to encourage the design of packaging in order to reduce its environmental impact and the generation of waste in the course of the production and subsequent use, provided that such measures avoid distortions of the internal market and do not hinder compliance with this Directive by other Member States. Those measures shall include measures to encourage the development, production and marketing of packaging that is suitable for multiple use, that is technically durable and that is, after having become waste, suitable for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the full life cycle impacts of packaging.'
2016/08/02
Committee: ENVI
Amendment 292 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1 – point c
(c) Member States may include products and components prepared for re- use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of packaging waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex IV.deleted
2016/08/02
Committee: ENVI
Amendment 346 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
(6) Article 11(3) is replaced by the following: '3. empowered to adopt delegated acts in accordance with Article 21a to determine the conditions under which the concentration levels referred to in paragraph 1 are not to apply to recycled materials and to product loops which are in a closed and controlled chain, as well as to determine the types of packaging which are exempted from the requirement laid down in the third indent of paragraph 1.';deleted The Commission shall be
2016/08/02
Committee: ENVI
Amendment 215 #

2015/0275(COD)

Proposal for a directive
Recital 7 a (new)
(7a) Member States should introduce measures to encourage the development, production and marketing of products that are suitable for multiple use, that are technically durable and easily repairable and that are, after having become waste and been prepared for re-use or recycled, suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy. The measures should take into account the impact of products throughout their life cycle and the waste hierarchy.
2016/07/18
Committee: ENVI
Amendment 252 #

2015/0275(COD)

Proposal for a directive
Recital 10 a (new)
(10a) The promotion of sustainability in production and consumption can contribute significantly to waste prevention. Member States should take steps to make consumers aware of this and encourage them to participate more actively in order to improve resource efficiency.
2016/07/18
Committee: ENVI
Amendment 254 #

2015/0275(COD)

Proposal for a directive
Recital 12
(12) Member States should take measures to promote prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular its target of halving food waste by 2030. These measures should aim to prevent food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restauraand reduce food waste at all stages and in all forms of consumption and prevents and food services as well as in householdreduce food losses along the production and supply chains. Having regard to the environmental, social and economic benefits of preventing food wasteand reducing food waste and food losses, Member States should establish specific food waste prevention measures in their waste prevention programmes, in order to contribute to reaching the Union-wide 50% food waste reduction target by 2030 and should measure progress made in food waste reduction and food losses. To facilitate exchange of good practice across the EU both between Member States and between, food business operators, uniform and civil society, harmonised methodologies for such measurement should be established. Reporting on food waste and loss levels should take place on a biennial basis. In order to avoid food waste, Member States should facilitate the recovery and redistribution of healthy and nutritious foodstuffs for human consumption by, for example, establishing agreements that enable all the actors in the food distribution chain to make unsold products available to the food aid organisations for which this is technically possible. The Commission should present guidelines for the recovery and redistribution of healthy and nutritious foodstuffs for human consumption.
2016/07/18
Committee: ENVI
Amendment 325 #

2015/0275(COD)

Proposal for a directive
Recital 20
(20) Compliance with the obligation to set up separate collection systems for paper, metal, plastic and glass is essential in order to increase preparing for re-use and recycling rates in Member States. In addition bio-waste should be collected separately to contribute to an increase in preparing for re-use and recycling rates and the prevention of contamination of dry recyclable materials, in so far as this is technically, environmentally and scientifically viable.
2016/07/18
Committee: ENVI
Amendment 385 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1 a – point b
(b) mixed waste and separately collected waste from other sources that is comparablesimilar to household waste in nature, and composition, and quantity.that is listed in Chapters 15 01 and 20 of the annex to Directive 2000/532/EC on the ‘European waste list’1a. __________________ 1a2000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147) OJ L 226, 6.9.2000, p. 3–24
2016/08/16
Committee: ENVI
Amendment 419 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2008/98/EC
Article 3 – point 1 b (new)
(aa) The following point is inserted: 1b. “commercial and industrial waste” means mixed waste and separately collected waste from commercial and industrial activities and/or premises.
2016/08/16
Committee: ENVI
Amendment 426 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 2008/98/EC
Article 3 – point 4
4. “bio-waste” means biodegradable garden and park, park and landscape management waste, food and kitchen waste from households, restaurants, caterers and retail premises, and comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature, composition and quantity;
2016/08/16
Committee: ENVI
Amendment 435 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 2008/98/EC
Article 3 – point - 4 a (new)
(ca) The following point - 4a is inserted: “- 4a. bio-waste from other sources that is comparable in type, nature or material properties to the waste referred to in point 4.”
2016/08/16
Committee: ENVI
Amendment 451 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Directive 2008/98/EC
Article 3 – point 16
16. “preparing for re-use” means checking, cleaning or repairing recovery operations, by which waste, products or components of products that have been collected bycome waste a recognised preparation for prepared so that they can be re- use operator or deposit-refund scheme are prepared so that they can be re-usd for the same purpose for which they were originally intended without any other pre-processing;
2016/08/16
Committee: ENVI
Amendment 461 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e c (new)
Directive 2008/98/EC
Article 3 – point 17
(ec) Point 17 is replaced by the following: ‘17. “recycling” means any recovery operation by which waste materials areis reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;
2016/08/16
Committee: ENVI
Amendment 470 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17a
17a. “final recycling process” means the recycling process which begins when no further mechanicalpreparatory sorting operation is needed, and waste materials enter a production or recovery process and are effectively reprocessed into products, materials or substances;
2016/08/16
Committee: ENVI
Amendment 500 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f b (new)
(fb) The following point 22 is inserted: 22. 'littering' means throwing away or leaving small amounts of urban waste where they lie, without using the available facilities for their disposal.
2016/08/16
Committee: ENVI
Amendment 503 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f c (new)
Directive 2008/98/EC
Article 3 – point 23 (new)
(fc) The following point 23 is inserted: (23) 'food waste' means any food intended for human consumption which is lost, thrown away or degraded at a stage in the food supply chain. Products which are redirected to become donated food or animal feed are not regarded as food waste. If it has not been possible to find any food use within a short time, taking into account the perishable nature of certain products, other uses for the products with a view to non-food use for purposes of fertilisation, composting or production of biogas cannot be regarded as food waste.
2016/08/16
Committee: ENVI
Amendment 558 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
(b) paragraph 2 is replaced by the following: '2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.'deleted;
2016/08/16
Committee: ENVI
Amendment 583 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
2. non-essential elements of this Directive by supplementing it relating to the adoption of the criteria set out in paragraph 1 and specifying the type of waste to which such criteria shall apply shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 39(2). End-of-waste specific criteria should be considered, among others, at least for aggregates, paper, glass, metal, tyres and textiles.(aa) paragraph 2 is deleted ; The measures designed to amend
2016/08/16
Committee: ENVI
Amendment 585 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
(b) paragraphs 2, 3 and 4 are replaced by the following:
2016/08/16
Committee: ENVI
Amendment 586 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste. Those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object.
2016/08/16
Committee: ENVI
Amendment 607 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/98/EC
Article 7 – paragraph 1 – first sentence
(a) in pParagraph 1, the first sentence is replaced by the following: '1. empowered to adopt delegated acts in accordance with Article 38a to establish the list of waste.'.1 is deleted. The Commission shall be
2016/08/16
Committee: ENVI
Amendment 612 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point - a (new)
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 1
(-a) In paragraph 1, the first subparagraph is replaced by the following: "(1) In order to strengthen the re-use and the prevention, recycling and other recovery of waste, Member States may take legislative or non-legislative measures to ensure that any natural or legal person who professionally develops, manufactures, processes, treats, sells or imports products (producer of the product) has extended producer responsibility."
2016/07/18
Committee: ENVI
Amendment 617 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 3
Such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products.deleted
2016/07/18
Committee: ENVI
Amendment 632 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a a (new)
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 1
(aa) In paragraph 2, the first subparagraph is replaced by the following: "(2) Member States may take appropriate measures to encourage the design of products and components of products in order to reduce their environmental impacts and the generation of waste in the course of the production and subsequent use of products, and in order to ensure that the recovery and disposal of products that have become waste take place in accordance with Articles 4 and 13.
2016/07/18
Committee: ENVI
Amendment 633 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
(b) the second sentence of paragraph 2 is replaced by the following: 'Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for preparation for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures should take into account the impact of products throughout their life cycle.';deleted
2016/07/18
Committee: ENVI
Amendment 677 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 2
- define measurable waste management targets, in line with the waste hierarchy, aiming to attain at least the quantitative targets relevant for the scheme as laid down in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU;deleted
2016/07/18
Committee: ENVI
Amendment 684 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 3
- establish a, where appropriate, reporting systems to gather data on the products placed on the Unionir markets by the producers subject to extended producer responsibility. Once these products become waste, tThe reporting system shall ensure that data is gathered on the collection and treatment of that waste from those products specifying, where appropriate, the waste material flows;
2016/07/18
Committee: ENVI
Amendment 711 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point a
(a) has a clearly defined geographical, product and material coverage;deleted
2016/07/18
Committee: ENVI
Amendment 716 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point b
(b) has the necessary operational and financial means to meet its extended producer responsibility obligations;deleted
2016/07/18
Committee: ENVI
Amendment 722 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point d – indent 2
- the financial contributions paid by the producers;deleted
2016/07/18
Committee: ENVI
Amendment 742 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – introductory words
(a) cover the entire cost of waste management for the products it puts on the Union market, including all the following:
2016/07/18
Committee: ENVI
Amendment 791 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point c
(c) are based on the optimised cost of the services provided in cases where public waste management operators are responsible for implementing operational tasks on behalf of the extended producer responsibility scheme.deleted
2016/07/18
Committee: ENVI
Amendment 806 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of the producers, Member State shall establish an independent authority to oversee the implementation of extended producer responsibility obligations.deleted
2016/07/18
Committee: ENVI
Amendment 816 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 6
(6) Member States shall establish a platform to ensure a regular dialogue between the stakeholders involved in the implementation of extended producer responsibility, including private or public waste operators, local authorities and, where applicable, recognised preparation for re-use operators.'deleted
2016/07/18
Committee: ENVI
Amendment 909 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
- prevent littering;
2016/07/19
Committee: ENVI
Amendment 922 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
- include the development of continuous communication and education campaigns to raise awareness on the issues surrounding waste prevention and littering, to raise awareness among consumers and to encourage them to take on a far more active role;
2016/07/19
Committee: ENVI
Amendment 965 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive 2008/98/EC
Article 10 – paragraph 2 a (new)
(9a) In Article 10, the following paragraph is added: 2a. Member States shall take measures so that waste that has been separately collected on the basis of Article 11(1) or Article 22, and is suitable for preparing for reuse or recycling, is not accepted by an incineration plant or disposal facility. This paragraph shall not apply to residue resulting from the sorting of that waste;
2016/07/19
Committee: ENVI
Amendment 1017 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Directive 2008/98/EC
Article 11 – paragraph 2 – point b
(c) in paragraph 2, point (b) is replaced by the following: '(b) by 2020, the preparing for re-use, recycling and backfilling of non- hazardous construction and demolition waste excluding naturally occurring material defined in category 17 05 04 in the list of waste shall be increased to a minimum of 70 % by weight;';deleted
2016/07/19
Committee: ENVI
Amendment 1175 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
(12a) In Article 14, paragraph 2 is replaced by the following: "(2) Member States may decide that the costs of waste management are to be borne partly or wholly by the producer of the product from which the waste came and that the distributors of such product may share these costs." Member States shall introduce fee and payment systems to provide comprehensive financing for the disposal facilities required to implement this Directive.
2016/07/19
Committee: ENVI
Amendment 1216 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 1
Member States shall ensure the separate collection of bio-waste at source where technically, environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and to attain the targets set out in Article 11(2)(a), (c) and (d) and 11(3).
2016/07/19
Committee: ENVI
Amendment 1235 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 3
Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non- hazardous waste not exceeding 20 tonnes and of hazardous waste not exceeding 2 tonnes annually.
2016/07/19
Committee: ENVI
Amendment 1241 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 4
The Commission may adopt delegated acts in accordance with Article 38a in order to adapt the threshold for quantities of non- hazardous waste.
2016/07/19
Committee: ENVI
Amendment 1286 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 2
(2) The Commission shall be empowered to adopt delegated acts in accordance with Article 38a to amend Annexes I to V in the light of scientific and technical progress.
2016/07/19
Committee: ENVI
Amendment 336 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is added: '1ea. For the purposes of this Directive, "collector" shall mean any natural or legal person who can demonstrate that it needs firearms or ammunition for a culturally significant collection; a collection of scientifically and/or technologically interesting items shall also be deemed to be culturally significant.'
2016/04/28
Committee: IMCO
Amendment 343 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 1 – point b b (new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
(bb) The following paragraph is added: '1eb. For the purposes of this Directive, a "museum" shall be regarded as a permanent facility run by a private or public body in the service of society and development which is open to the public and which acquires, keeps, studies and exhibits weapons, key components of weapons and ammunition for research, educational and recreational purposes.'
2016/04/28
Committee: IMCO
Amendment 522 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the possession of firearms for hunting and target shooting, target shooting or traditional shooting or collectors of arms and ammunition, arms or ammunition experts or endangered persons, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
2016/04/28
Committee: IMCO
Amendment 535 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1a (new)
1a. In the case of collectors, Member States may restrict ownership of firearms to a limited number of firearms for all categories. This shall not apply if these firearms have been rendered inoperable as referred to in this Directive.
2016/04/28
Committee: IMCO
Amendment 546 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1b (new)
1b. An acquirer through inheritance must immediately contact the competent authority in his Member State in order to seek authorisation for possession of a firearm. If no need can be demonstrated, firearms and ammunition which is subject to authorisation must be rendered inoperable as referred to in this Directive.
2016/04/28
Committee: IMCO
Amendment 243 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 5744%.
2016/07/14
Committee: ENVI
Amendment 362 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10 – paragraph 2 – subparagraph 3 a (new)
The conclusions from data collection and the potential adjustment of benchmarks shall to be derived from the evolution in the average performance of the 10% most efficient installations in the Union.
2016/07/07
Committee: ENVI
Amendment 445 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 5 – point f a (new)
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 5
(fa) In paragraph 8, subparagraph 5 is replaced by the following: 'Allowances shall be set aside for the projects that meet the criteria referred to in the third subparagraph. Support for these projects shall be given via Member States and shall be complementary to substantial co-financing by the operator of the installation. They could also be co- financed by the Member State concerned, as well as by other instruments. No project shall receive support via the mechanism under this paragraph that exceeds 1520 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7. The cancellation of allowances in accordance with paragraph 19 shall be dispensed if the operator applies to take over the production from one or several of his production sites (production transfer into the same company), and he proves in each case up to the 31st of January of one year that the actual increase of the activity rate of that site that has taken over a part of the transferred production amounts to a total of at least 50 % of the annual- average production amount of the whole transferred production of the ceased site in the year 2020. The proof after sentence 1 is to be given for the first time in the following year after the application of the transfer. If the proof necessary after sentence 1 is not given in time, the allocation for the transferred production whose production activity was ceased will be recanted in that amount for the future.'
2016/07/07
Committee: ENVI
Amendment 502 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
4. By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4-digit level (NACE-4 codeor activities which are at the relevant level of disaggregation based on public and sector specific data as appropriate (NACE-4 code or Prodcom 6 or 8 codes) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
2016/08/23
Committee: ENVI
Amendment 35 #

2014/2208(INI)

Motion for a resolution
Recital B
B. whereas Europe is more dependent on imported resources than any other region in the world and its competitiveness can be increased only by getting more added value out of resources in the economy;
2015/05/05
Committee: ENVI
Amendment 80 #

2014/2208(INI)

Motion for a resolution
Paragraph 2
2. Emphasises that resource scarcity requires an absolute decoupling of growth from the use of natural resources ‒ a systemic change through reducing the rate of use of (primary) resources per unit of economic activity which requires backcasting the actions needed from a 2050 sustainability perspective;
2015/05/05
Committee: ENVI
Amendment 151 #

2014/2208(INI)

Motion for a resolution
Paragraph 6
6. UrgesCalls on the Commission to develop and introduce by 2019 a harmonised methodology applied equally to all Member States that calculates a lead indicator and a number of sub-indicators on resource efficiency, including ecosystem services; these binding indicators should measure resource consumption, including imports and exports, at EU, Member State and industry level and take into account of the whole lifecycle of products and services;
2015/05/05
Committee: ENVI
Amendment 212 #

2014/2208(INI)

Motion for a resolution
Paragraph 11
11. Urges the Commission to propose a review and assessment of the Ecodesign Directive by the end of 2016, incorporating the following important changes: broadening the scope to cover all main product lines; gradually including all relevant resource-efficiency features in the mandatory requirements for product design; introducing a mandatory product passport based on these requirements; implementing self- monitoring and third-party auditing to ensure that products comply with these standards; and defining horizontal requirements on, inter alia, reusability and recyclability;
2015/05/05
Committee: ENVI
Amendment 230 #

2014/2208(INI)

Motion for a resolution
Paragraph 12
12. Urges the Commission to take other relevant actions to ensure that products are easy to reuse, refit, repair, recycle and eventually dismantle for new resources;
2015/05/05
Committee: ENVI
Amendment 244 #

2014/2208(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to propose the extension of minimum guarantees for consumer durable goodstake necessary actions to encourage sustainable production and consumption; asks the Commission to propose measures to intensify use of existing products and shift expenditure to less impactful products; suggests to the Member States to strengthen national provisions concerning the minimum guarantees for consumer goods as well as raise the awareness of consumers and increase their proactive role;
2015/05/05
Committee: ENVI
Amendment 277 #

2014/2208(INI)

Motion for a resolution
Paragraph 14
14. UrgesCalls on the Commission to submit the announced proposal on the review ofthe waste legislation by the end of 2015 and toand include the following points: setting extended producer responsibility requirements; endorsing the 'pay-as-you- throw- principle' prioritising separate collection schemes in order to facilitate the development of business based on the reuse of secondary raw materials; increasing recycling targets to at least 70 % of municipal solid waste, based on the output of recycling facilities,on all waste streams using the same harmonised method for all Member States with externally verified statistics; an obligation for recyclers to report on the "input" quantities of waste going into the sorting plant as well as on the "output" quantity of recyclates coming out of the sorting plants; implementation of resource and climate protection targets by limiting landfill; introducing a ban on landfilling recyclable and biodegradable waste by 2025 and a ba; the gradual reduction oin all landfilling by 2030; introducing fees on landfilling and incineration; landfill must be binding and should be implemented in coherence with the requirements for recycling and set in three stages (2020, 2025 and 2030) leading to an eventual ban on landfilling at a later stage;
2015/05/05
Committee: ENVI
Amendment 357 #

2014/2208(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to propose the full implementation of the circular economy principles and the requirements in the building sector and to further develop the policy framework on resource efficiency in buildings; this includes developing indicators, standards and methods as regards land use and urban planning, architecture, structural engineering, construction, maintenance, adaptability, energy efficiency, renovation and reuse and recycling; targets and indicators on sustainable buildings should also include green infrastructure, such as green roofs;
2015/05/05
Committee: ENVI
Amendment 373 #

2014/2208(INI)

Motion for a resolution
Paragraph 18
18. UrgeAsks the Commission to propose thatdetermine whether BAT principles and standards be applied tocould be widened to encompass all materials and parts of buildings and to develop a building passport based onallowing for the whole lifecycle of a building;
2015/05/05
Committee: ENVI
Amendment 389 #

2014/2208(INI)

Motion for a resolution
Paragraph 19
19. Considers that, as 90% of the 2050 built environment already exists, special requirements should be set for the renovation sector in order to have mainly energy-positiveimprove the energy footprint of buildings by 2050;
2015/05/05
Committee: ENVI
Amendment 405 #

2014/2208(INI)

Motion for a resolution
Paragraph 20
20. UrgesCalls on the Commission to propose compulsory green public procurement procedures; considers that reused, repaired, remanufactured, refurbished and other resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should applyshould be taken into consideration in public procurement;
2015/05/05
Committee: ENVI
Amendment 412 #

2014/2208(INI)

Motion for a resolution
Paragraph 21
21. Urges the Commission to develop a policy framework on nutrients in order to enhance recycling, foster innovation, improve market conditions and mainstream their sustainable use in EU legislation on fertilisers, food, water and waste;deleted
2015/05/05
Committee: ENVI
Amendment 419 #

2014/2208(INI)

Motion for a resolution
Paragraph 22
22. Urges the Commission to present a communication on sustainable food by 2016;deleted
2015/05/05
Committee: ENVI
Amendment 431 #

2014/2208(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to establish a permanent resource-efficiency platform which includes actors from all sectors, both public and private and civil society, to encourage and facilitate the application of the latest research findings, the exchange of best practices and the emergence of new industrial synthesis and industrial ecosystems;
2015/05/05
Committee: ENVI
Amendment 440 #

2014/2208(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to establish a cross-sectorial, inter-DG sustainable financing working group in order to include the resource-efficiency indicators in company-level integrated reporting and accounting; further calls on the Commission to examine how to incorporate resource-efficiency and environmental risks in, inter alia, credit ratings and capital requirements of banks, to develop a comprehensive insurance system for environmental hazards and to set out information requirements for investment products;deleted
2015/05/05
Committee: ENVI
Amendment 453 #

2014/2208(INI)

Motion for a resolution
Paragraph 25
25. Stresses that all EU funding, including funding through EFSI, Horizon 2020, cohesion funds and the EIB, must be mobilised to promote resource efficiency and urges the Commission to abolish all environmentally harmful subsidies;
2015/05/05
Committee: ENVI
Amendment 2 #

2014/2204(INI)

Draft opinion
Recital A
A. whereas since the Ebola outbreak in West Africa was officially declared on 22 March 2014 in Guinea, the disease has claimed 6 387 lives in the region1; __________________ 1WHO data as at 10 December 2014.in 2014 is the largest and most complex outbreak of this virus disease in history and has affected many countries and resulted in thousands falling ill and dying1 a; whereas, prior to this outbreak, Ebola had not been considered a major public health challenge; __________________ 1a Situation report: http://www.who.int/csr/disease/ebola/situa tion-reports/archive/en/
2015/02/12
Committee: ENVI
Amendment 8 #

2014/2204(INI)

Draft opinion
Recital B
B. whereas the outbreak is the largest ever, and is currently affecting four countriedespite the fact that the outbreak was officially declared in Guinea on 22 March 2014 , Ebola was only recognised by the WHO as ian West Africa (Guinea, Liberia, Sierra Leone and Mali), while outbreaks in Nigeria and Senegal have been declared to be over, and a separate outbreak in the DRC has also endedinternational public health emergency on 9 August ; whereas the outbreak has affected more than 20 000 people, mainly in Guinea, Liberia and Sierra Leone and has spread to 9 countries and 3 continents;
2015/02/12
Committee: ENVI
Amendment 19 #

2014/2204(INI)

Draft opinion
Recital C
C. whereas this epidemic iss are unpredictable and constantly evolving; whereas the intensity of this outbreak is decreasing but its geographical spread is increasing;
2015/02/12
Committee: ENVI
Amendment 23 #

2014/2204(INI)

Draft opinion
Recital C a (new)
Ca. whereas the main challenges in the three most affected countries have been the lack of experience in dealing with Ebola, a highly mobile population, a widespread public misperception of the disease and its transmission paths and a high degree of community resistance to early treatment, leading to acts of aggression against international medical personnel;
2015/02/12
Committee: ENVI
Amendment 27 #

2014/2204(INI)

Draft opinion
Recital D
D. whereas the worst-hit countries have received some assistance from the international community, but foreign governments have focused primarily on financing or building Ebola case- management structures, leaving it up to national authorities, local healthcare staff and NGOs to staff theminternational community had underestimated the scale of the outbreak, and the initial response was therefore hesitant and did not reflect the true extent of the crisis;
2015/02/12
Committee: ENVI
Amendment 36 #

2014/2204(INI)

Draft opinion
Recital E
E. whereas, across the region, there are still no adequate facilities in the locations required for isolating and diagnosing patients; whereas in many places in West Africa, coordination is an issue, resulting in serious gaps in the responsppropriate diagnosis, isolation, treatment and care facilities are already available in the worst affected countries, but the coordination, geographical distribution and flexibility of these facilities still represent a major challenge;
2015/02/12
Committee: ENVI
Amendment 40 #

2014/2204(INI)

Draft opinion
Recital E a (new)
Ea. whereas, according to UNICEF, several thousand children have been orphaned as a result of the epidemic; whereas many Ebola victims suffer from discrimination, loss of status and social exclusion;
2015/02/12
Committee: ENVI
Amendment 42 #

2014/2204(INI)

Draft opinion
Recital F
F. whereas other elements that are essential to an Ebola response – such as awareness-raising and community acceptance, safe buri international community’s response to the countries affected by Ebola should address the entire range of challenges and include many different elements, such as awareness-raising, improving the commitment of the community, social mobilisation, ensuring safe funerals, contact tracing and monitoring, alerts and surveillance, and access to health care for non-Ebola patients – are still lacking in parts of West Africa;
2015/02/12
Committee: ENVI
Amendment 53 #

2014/2204(INI)

Draft opinion
Recital G
G. whereas the results of clinical trials for different treatments should be starting soon in West AfricEbola vaccines should be available in the first quarter of 2015; whereas additional funds are still needed to help countries introduce vaccines, to rebuild the collapsed health systems and restore immunisation services in the countries affected by Ebola;
2015/02/12
Committee: ENVI
Amendment 59 #

2014/2204(INI)

Draft opinion
Recital G a (new)
Ga. whereas the outbreak has dramatically affected local health personnel and the continuation of the training process in West Africa; whereas medical staff are still at great risk of becoming infected with Ebola;
2015/02/12
Committee: ENVI
Amendment 63 #

2014/2204(INI)

Draft opinion
Recital H
H. whereas international financial aid was slow in the first instathe measures taken in the fight against Ebola should form part of a coordinated process of ensuring greater transparencey and ill-adapted later on, encumbered by serious bottlenecks in terms of staffingclarity and focusing more on shortcomings and meeting needs;
2015/02/12
Committee: ENVI
Amendment 70 #

2014/2204(INI)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the UN Mission for Ebola Emergency Response (UNMEER) and the establishment of the EU Task Force for Ebola and the appointment of Commissioner Christos Stylianides as EU Ebola Response Coordinator and the overall contribution and the help of numerous partner organisations, specialised national and international agencies, the Funds, national and international non-governmental organizations, local and international medical staff and the volunteers working on the ground to combat Ebola;
2015/02/12
Committee: ENVI
Amendment 73 #

2014/2204(INI)

Draft opinion
Paragraph 2
2. Requires the Member States and the Commissioninternational community to coordinate and strengthen medical research and the production of efficient medicines and vaccines against Ebola, and to advance the necessary clinical trials for existing candidate treother epidemic-prone, life-threatening viral infectious diseases; calls upon the international community to ensure that mentsasures are taken on the ground to immunise the population;
2015/02/12
Committee: ENVI
Amendment 80 #

2014/2204(INI)

Draft opinion
Paragraph 2 a (new)
2a. Welcomes the eight research projects carried out by the EU under the Ebola + Innovative Medicines Initiative with the aim of developing vaccines and rapid diagnostic tests;
2015/02/12
Committee: ENVI
Amendment 86 #

2014/2204(INI)

Draft opinion
Paragraph 3
3. Considers that the response of the Member States and the Commission has been slow and insufficient, and that financial support was shy and did not respond to the severity of the alerts that NGOs such as Médecins Sans Frontières and others have launched since the beginning of the epidemic; considers that the scaling-up of the Commission’s financial commitment should be stronger in terms of humanitarian and developmentdeleted (since the official declaration of the outbreak, total EU funding (European Commission and Member States) has reached more than EUR 1.2 billion. Although further financial support for the affected countries still appears necessary, the focus should be on a complex approach that provides accurate, flexible aind to respond to the crisis; considers it necessary to increase the availability and the volume of financial resources;coordinated responses tailored to local needs)
2015/02/12
Committee: ENVI
Amendment 96 #

2014/2204(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to put in place control systems to ensure that the entire budget allocated to stopping the Ebola outbreak is actually used to fight the epidemic in the countries affected by the virus and not for other purposedistributed in a transparent, readily understandable manner; calls for the geographic focus of the EU aid to be broadened and for that aid to be used primarily to address problems common to a number of different areas;
2015/02/12
Committee: ENVI
Amendment 103 #

2014/2204(INI)

Draft opinion
Paragraph 5
5. Stresses that the current crisis cannot be solved by health systems alone, but that a concerted approach involving different sectorposes a threat to the weak economy and to political and social stability not only in the countries affected, but throughout the west African region; emphasises that improving health systems will not be enough to eradicate Ebola; takes (thealthcare, education and training, sanitation view that the ‘zero new Ebola cases’ objective calls for integrated, fcood aid, drinking water) is needed to address the critical gaps in all essential services; stresses that education, understood in a comprehensive way (also covering the cultural dimension and beliefs of these countries), and not only in terms of understanding and addressrdinated efforts, including on the part of the international, national and regional actors and the various sectors (health, education, training, hygiene, disinfection, sanitation, food aid, safe drinking water, functioning sewerage systems, waste disposal) involved, in order to remedy the serious shortcomings ing the current Ebola outbreak, is keyprovision of all key services;
2015/02/12
Committee: ENVI
Amendment 113 #

2014/2204(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses that education, understood in a comprehensive way (also covering the cultural dimension and beliefs of these countries), and not only in terms of understanding and addressing the current Ebola outbreak, is key; calls on the international community and the EU to work together with the countries affected to develop an emergency medical training programme with a view to overcoming the acute local shortage of medical staff;
2015/02/12
Committee: ENVI
Amendment 117 #

2014/2204(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the international community to take the steps required to address the social problems caused by the outbreak and, in particular, to ensure that children orphaned by Ebola are protected and cared for and that Ebola victims are integrated into society;
2015/02/12
Committee: ENVI
Amendment 121 #

2014/2204(INI)

Draft opinion
Paragraph 6
6. Congratulates the United Nations Mission for Ebola Emergency Response (UNMEER), partner organisations and non-governmental humanitarian organisations, such as Médecins Sans Frontières, for their work done on the ground and warmly welcomes their extensive input and help in controlling this outbreak;deleted
2015/02/12
Committee: ENVI
Amendment 136 #

2014/2204(INI)

Draft opinion
Paragraph 7
7. Calls on the Member States and the Commission tointernational community to continue strengthening the health systems in the West African countries affected; stresses that Ebola is definitely a disease with a high mortality rate, but that there are other fatal diseases in the area that should be treated as well (such as malaria); considers that the EU should invest in and encourage capacity building in the field in order to address the problem of the weak health systems, so that local staff may be provided with the training and adequate resources to face future epidemics (Ebola or any other illness); considers that the efforts of third party donors should be channelled into building up capacity in the field;
2015/02/12
Committee: ENVI
Amendment 147 #

2014/2204(INI)

Draft opinion
Paragraph 9
9. Encourages taking immediate action to coordinate and strengthen medical research and the production of efficient medicines and vaccines against Ebola and to carry out scrupulous infection control;deleted
2015/02/12
Committee: ENVI
Amendment 155 #

2014/2204(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the Member States to make further efforts to provide the EU Emergency Response Coordination Centre with the resources and staff it needs; urges the Member States to coordinate their efforts in the Health Security Committee, with the involvement of the Commission, and emphasises the importance of further cooperation and exchanges of information on the pool of EU aid volunteers, which aims to provide an effective European response to disasters;
2015/02/12
Committee: ENVI
Amendment 157 #

2014/2204(INI)

Draft opinion
Paragraph 9 b (new)
9b. Calls on the international community to guarantee that there are sufficient supplies of personal protective equipment available and to take measures to guarantee safe medical evacuation of international staff in the future;
2015/02/12
Committee: ENVI
Amendment 158 #

2014/2204(INI)

Draft opinion
Paragraph 9 c (new)
9c. Welcomes, in that connection, the mobilisation of medical evacuation capacities (Medevac) for international humanitarian aid workers who have contracted the disease in the course of their work in the countries affected;
2015/02/12
Committee: ENVI
Amendment 96 #

2014/0100(COD)

Proposal for a regulation
Recital 38
(38) Organic wine should be produced entirely from organic raw material and only certain substances authorised in accordance with this Regulation should be allowed to be added. Certain oOenological practices, processes and treatments should be prohibited in the production of must be performed in accorgdanice wine. Other practices, processes and treatments should be permitted under well-defined conditionsth production rules as defined in Annex II Part V.
2015/03/09
Committee: ENVI
Amendment 195 #

2014/0100(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) organic operators other than micro- enterprises, farmers and operators producing seaweed or aquaculture animals, shall put in place an environmental management system with a view to improving their environmental performance.deleted
2015/03/09
Committee: ENVI
Amendment 422 #

2014/0100(COD)

Proposal for a regulation
Recital 38
(38) Organic wine should be produced entirely from organic raw material and only certain substances authorised in accordance with this Regulation should be allowed to be added. Certain oOenological practices, processes and treatments should be prohibited in the production of must be performed in accorgdanice wine. Other practices, processes and treatments should be permitted under well-defined conditionsth production rules as defined in Annex II Part V.
2015/06/24
Committee: AGRI
Amendment 624 #

2014/0100(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) organic operators other than micro- enterprises, farmers and operators producing seaweed or aquaculture animals, shall put in place an environmental management system with a view to improving their environmental performance.deleted
2015/06/24
Committee: AGRI
Amendment 28 #

2014/0011(COD)

Proposal for a decision
Recital 2
(2) The report from the Commission to the European Parliament and the Council on the state of the European carbon market in 21027 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework. A change in the linear factor only changes gradually the cap. Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more. In order to address this problem and to make the European Emission Trading System more resilient to imbalances, a market stability reserve should be established. To ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead-time adjusting to the introduction of the design change, the market stability reserve should be established as of phase 4 starting in 2021. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances into the reserve and releasing them from the reserve. Where the conditions are met, beginning in 2021, allowances corresponding to 12% of the number of allowances in circulation in year x-21 should be put into the reserve. A corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million. __________________ 7 8COM(2012)652 final. COM(2012)652 final. 8 Insert reference. Insert reference.
2015/01/07
Committee: ENVI
Amendment 49 #

2014/0011(COD)

Proposal for a decision
Recital 3 a (new)
(3a) In the light of the ETS reform that is envisaged by the introduction of the market stability reserve, and in particular, the reduction in the surplus of allowances, the auctioning of the allowances back-loaded to 2019 and 2020 in accordance with Commission Regulation (EU) No 176/20141a , would be counterproductive. Accordingly, the back- loaded allowances should be withheld and their purpose determined within the review of Directive 2003/87/EC. __________________ 1aCommission Regulation (EU) No 176/2014 of 25 February 2014 amending Regulation (EU) No 1031/2010 in particular to determine the volumes of greenhouse gas emission allowances to be auctioned in 2013-2020 (OJ L 56, 26.2.2014, p. 11).
2015/01/07
Committee: ENVI
Amendment 61 #

2014/0011(COD)

Proposal for a decision
Recital 3 b (new)
(3b) It is of paramount importance that the Commission reviews the functioning of Directive 2003/87/EC, regarding in particular the continuation of free allocations and carbon leakage provisions after 2020.
2015/01/07
Committee: ENVI
Amendment 124 #

2014/0011(COD)

Proposal for a decision
Article 1 – paragraph 3
3. In each year beginning in 2021, a number of allowances equal to 12% of the total number of allowances in circulation in year x-21, as published in May year x-1, shall be placed in the reserve, unless this number of allowances to be placed in the reserve would be less than 100 million.
2015/01/07
Committee: ENVI
Amendment 193 #

2014/0011(COD)

Proposal for a decision
Article 2 a (new)
Article 2a Review of Directive 2003/87/EC By ...+ , the Commission shall review Directive 2003/87/EC with particular regard to carbon leakage provisions and the continuation of free allocations, better reflecting changing production levels and incentivising the most efficient performance taking into account direct and indirect carbon costs, as well as the purpose of the back-loaded allowances, and if appropriate shall, in accordance with the ordinary legislative procedure, submit a proposal to the European Parliament and the Council. __________________ + OJ: Please, insert the date: six months from the entry into force of this Decision.
2015/01/07
Committee: ENVI
Amendment 201 #

2014/0011(COD)

Proposal for a decision
Article 3 – title
Review of the market stability reserve
2015/01/07
Committee: ENVI
Amendment 212 #

2014/0011(COD)

Proposal for a decision
Article 3 – paragraph 1
By 31 December 2026Within three years of the date of establishment of the market stability reserve, the Commission shall on the basis of an analysis of the orderly functioning of the European carbon market review the market stability reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. The review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to Article 1(3) and the numerical value of the threshold for the total number of allowances in circulation set by Article 1(4)extent to which Article 1(3) and (4) are appropriate with regard to the objective of tackling structural supply-demand imbalances.
2015/01/07
Committee: ENVI
Amendment 2 #

2013/2153(INI)

Motion for a resolution
Citation 1 a (new)
– having regard to the report of the Committee on the Internal Market and Consumer Protection on a strategy for strengthening the rights of vulnerable consumers (A7-0155/2012),
2013/12/10
Committee: IMCO
Amendment 4 #

2013/2153(INI)

Motion for a resolution
Citation 14
– having regard to the proposal for a directive of the European Parliament and of the Council on key information documents for investment products (COM(2012)0352),deleted
2013/12/10
Committee: IMCO
Amendment 5 #

2013/2153(INI)

Motion for a resolution
Recital A
A. having regard to the lack of an adequate definition of 'utility' at Union level and the differing interpretations employed by the Member States;deleted
2013/12/10
Committee: IMCO
Amendment 11 #

2013/2153(INI)

Motion for a resolution
Recital B
B. having regard to the particular importance of utility services, and the need to guarantee consumers free access to such services and the need to lay down binding rules on access to such servicesobserve adapted rules, inter alia for vulnerable consumers;
2013/12/10
Committee: IMCO
Amendment 19 #

2013/2153(INI)

Motion for a resolution
Recital C
C. whereas the existing legal framework is inadequate, and whereas binding rules are needed to guaranteesectoral legislation has already brought about a higher level of consumer protection and better access to utility services;
2013/12/10
Committee: IMCO
Amendment 21 #

2013/2153(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas in the case of utility services national powers and the right of self- administration at local government level must be respected and the sectoral provisions form an adequate legal framework for utility services;
2013/12/10
Committee: IMCO
Amendment 26 #

2013/2153(INI)

Motion for a resolution
Paragraph 1
1. Takes the view that utility services have common characteristics; urges that basic consumer rights which cover all utility services should be harmonised at Community levelObserves that the common characteristics of utility services are already covered by the relevant sectoral legislation;
2013/12/10
Committee: IMCO
Amendment 33 #

2013/2153(INI)

Motion for a resolution
Paragraph 2
2. Emphasises that utility services are also services of general economic interest (SGEIs); calls on the Commission to propose as soon as possible a European legal framework for SGEIs;deleted
2013/12/10
Committee: IMCO
Amendment 42 #

2013/2153(INI)

Motion for a resolution
Paragraph 3
3. Points out that consumer protection is effective only if consumers' rights can actually be enforced; emphasises the need to establish a legal framework for European class actions;
2013/12/10
Committee: IMCO
Amendment 56 #

2013/2153(INI)

Motion for a resolution
Paragraph 6
6. Emphasises that all consumers, irrespective of their financial circumstances, should be guaranteafforded access to utility services and that specialappropriate arrangements, such as exemption from charges, shouldhould if appropriate be introduced for 'vulnerable consumers'; points out that any consumer may find him/herself in a situation in which he/she needs special protection;
2013/12/10
Committee: IMCO
Amendment 71 #

2013/2153(INI)

Motion for a resolution
Paragraph 7
7. Points out that the liberalisation of energy markets has not systematically led to greater competition and lower prices for consumers, and, from consumers' point of view, has made the range of services and tariffs available more confus calls on Member States to properly transpose and apply the 3rd Internal Energy Market Package, particularly with reference to comparable, transparent and non-discriminatory pricing;
2013/12/10
Committee: IMCO
Amendment 81 #

2013/2153(INI)

Motion for a resolution
Paragraph 8
8. Points out that energy poverty is on the increase in many Member States, and calls onwelcomes the work of the Commission andwith the Member States to addrworking group on vulnerable consumers, and observess this problem, in particular because service providers are benefiting from cheap wholesale priceat in accordance with the subsidiarity principle it is the task of the Member States to address the various factors and situations;
2013/12/10
Committee: IMCO
Amendment 84 #

2013/2153(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to force the pace of the energy transition, since renewable energies represent the most sustainable form of energy generation, and in so doing to ensure that the costs are not passed on to consumers;deleted
2013/12/10
Committee: IMCO
Amendment 88 #

2013/2153(INI)

Motion for a resolution
Paragraph 10
10. Notes that many electricity providers refuse to make their data available for comparison purposes and that restrictive contract termination conditions and the lack of a straightforward procedure for concluding contracts make switching provider difficult; calls for measures to make it easier for consumers to switch provider;deleted
2013/12/10
Committee: IMCO
Amendment 93 #

2013/2153(INI)

Motion for a resolution
Paragraph 11
11. Criticises the fact that energy prices do not reflect actual costs and that external costs, such as environmental damage, are not identified and are passed on to society as a whole; calls for measures to guarantee cost transparency and the enforcement of the polluter-pays principle;deleted
2013/12/10
Committee: IMCO
Amendment 98 #

2013/2153(INI)

Motion for a resolution
Paragraph 12
12. Takes the view that undertakings should be required to publish information about prices and price changes in a readily understandable form and that minimum standards are needed to govern the way accounts are drawn up;
2013/12/10
Committee: IMCO
Amendment 101 #

2013/2153(INI)

Motion for a resolution
Paragraph 13
13. Takes the view that information assymmetry is putting consumers at a disadvantage; calls for the introduction of legal instruments which ensure that consumers receive comprehensive information;deleted
2013/12/10
Committee: IMCO
Amendment 112 #

2013/2153(INI)

Motion for a resolution
Paragraph 15
15. Calls for legislative measures to guarantee all consumers access toStresses the importance for the development of the Digital Single Market of continuing efforts aimed at providing ubiquitous and high- quality telecommunications services and narrow the digital divide, through the promotion of fixed and mobile internet access and the deployment of next generation infrastructures;
2013/12/10
Committee: IMCO
Amendment 117 #

2013/2153(INI)

Motion for a resolution
Paragraph 16
16. Emphasises that the internet must remain open and net-neutral and that the protection of personal data and privacy must have priority, as this is the only way to build trust; recalls that network and information security is the responsibility of all stakeholders, including users at home, service providers and product developers; recommends encouraging cybersecurity-related training and education for both citizens and professionals;
2013/12/10
Committee: IMCO
Amendment 121 #

2013/2153(INI)

Motion for a resolution
Paragraph 17
17. Notes that data portability and interoperability are essential if consumers are to become less dependent on providers and enjoy greater freedom to choose their provider and if innovation is to be fostered; takurges the view that all consumers should be able to switch provider at any time,Commission to take steps to clarify consumer rights, to encourage transparency as regards pricing, billing, information and the scope for comparison, to enhance freedom of charge, without loss of data and with a minimum of formalitieonsumer choice and responsiveness to customer needs, and to protect consumers;
2013/12/10
Committee: IMCO
Amendment 128 #

2013/2153(INI)

Motion for a resolution
Paragraph 18
18. Notes that the liberalisation of postal services has not brought the promisedsubstantial benefits for consumers, but has instead destroyed structures which it will be very difficult to re-establish;
2013/12/10
Committee: IMCO
Amendment 134 #

2013/2153(INI)

Motion for a resolution
Paragraph 19
19. Emphasises thate importance of a comprehensive postal service must be guaranteed throughout the Union, includingparticularly in rural areas;
2013/12/10
Committee: IMCO
Amendment 139 #

2013/2153(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to study the impact of the liberalisation of postal services, in particular in order to determine whether a reliable universal service is being provided and whether people working for mail delivery firms enjoy decent working conditions;deleted
2013/12/10
Committee: IMCO
Amendment 145 #

2013/2153(INI)

Motion for a resolution
Paragraph 21
21. Notes that in recent years the rights of consumers using transport services have been strengthened, but points out that local public transport has remained outside the scope of thesey sectoral measures;
2013/12/10
Committee: IMCO
Amendment 147 #

2013/2153(INI)

Motion for a resolution
Paragraph 22
22. Emphasises that high-quality, comprehensive and freely accessible local public transport constitutes a basic service which must also be made available in areas where it is less profitableis also desirable in areas where it is less profitable, and calls on Member States to take appropriate action;
2013/12/10
Committee: IMCO
Amendment 153 #

2013/2153(INI)

Motion for a resolution
Paragraph 23
23. Points out that, as a result of the ageing of the population, efficient and universally accessible public transport services will gain in importance in the future and that they are also essential if the EU2020 climate objectives are to be achieved;
2013/12/10
Committee: IMCO
Amendment 45 #

2013/0309(COD)

Proposal for a regulation
Recital 3
(3) In a seamless single market in electronic communications, the freedom to provide electronic communications networks and services to every customer in the Union and the right of each end-user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Union-wide general authorisation regimes, national spectrum assignment schemes, differences of access products available for electronic communications providers in different Member States, and different sets of sector-specific consumer rules applicable. The Union rules in many cases merely define a baseline, and are often implemented in diverging ways by the Member States.
2013/12/06
Committee: IMCO
Amendment 47 #

2013/0309(COD)

Proposal for a regulation
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and satellite communications in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim finite resource. It is indispensable to take account of the social, cultural and economic value of specuring access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with over half of the Member States seeking a derogation or otherwise failing to do so by the deadline laid down trum as a whole. As laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council23, any additional spectrum for wireless broadband communications is linked with the review of the use of spectrum in the whole UHF band. According the Radio Spectrum Policy Programmo Article 6, paragraph 5 of the (RSPP) Decision 243/2012 of, the Commission will report to the European Parliament and the Council23 testifies to the urgency of action even within the term of the current RSPP. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this problem. __________________ 23 Decision 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012 __________________ 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1). by 1 January 2015 on whether there is a need for action to harmonise additional frequency bands. __________________ 23 Decision 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012
2013/12/06
Committee: IMCO
Amendment 48 #

2013/0309(COD)

Proposal for a regulation
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality servEU Telecom Package as revised in 2009 establishes the principles for spectrum management. It recognizes Member States' competence with respect to cultural and audiovisual policies and wireless broadband operators of increased efficiency gains from large-scalgenerally leaves them the necessary scope mfore integrated opera actions. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrcontinue to endorse a dynamic approach to spectrum management, which recognizes Member Stateds' coverage of advanced wireless broadband communications servmpetence in this field and respects the cultural, audiovisual and media policies throughout the Union. At the same time,of each Member State. Sufficient flexibility is needed to accommodate specific national requirements and Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence. In cases of disputes between Member States over spectrum use, the Commission may coordinate and support dispute settlement.
2013/12/06
Committee: IMCO
Amendment 49 #

2013/0309(COD)

Proposal for a regulation
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on ‘Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bandslaid down in Directive 2002/21/EC.
2013/12/06
Committee: IMCO
Amendment 51 #

2013/0309(COD)

Proposal for a regulation
Recital 24
(24) As regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband, the convergent application by individual Member States of the regulatory principles and criteria set down in this Regulation would be favoured by a coordination mechanism whereby the Commission and the competent authorities of the other Member States have an opportunity to comment in advance of the granting of rights of use by a given Member State and whereby the Commission has an opportunity, taking into account the views of the Member States, to forestall implementation of any proposal which appears to be non- compliant with Union law.
2013/12/06
Committee: IMCO
Amendment 54 #

2013/0309(COD)

Proposal for a regulation
Recital 36
(36) In a context of progressive migration to ‘all IP networks’, the lack of availability of connectivity products based on the IP protocol for different classes of services with assured service quality that enable communication paths across network domains and across network borders, both within and between Member States, hinders the development of applications that rely on access to other networks, thus limiting technological innovation. Moreover, this situation prevents the diffusion on a wider scale of efficiencies which are associated with the management and provision of IP-based networks and connectivity products with an assured service quality level, in particular enhanced security, reliability and flexibility, cost-effectiveness and faster provisioning, which benefit network operators, service providers and end users. A harmonised approach to the design and availability of these products is therefore necessary, on reasonable terms including, where requested, the possibility of cross-supply by the electronic communications undertakings concerned.deleted
2013/12/06
Committee: IMCO
Amendment 62 #

2013/0309(COD)

Proposal for a regulation
Recital 42
(42) Where the provisions in Chapters 4 and 5 of this Regulation refer to end- users, such provisions should apply not only to consumers but also to other categories of end-users, primarily micro enterprises. At their individual request, end-users other than consumers should be able to agree, by individual contract, to deviate from certain provisions.deleted
2013/12/06
Committee: IMCO
Amendment 68 #

2013/0309(COD)

Proposal for a regulation
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesin demonstrated punctual cases of acute network congestion, provided that equivalent types of traffic are treated equally.
2013/12/06
Committee: IMCO
Amendment 71 #

2013/0309(COD)

Proposal for a regulation
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexiblespecial quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of open internet access services.
2013/12/06
Committee: IMCO
Amendment 93 #

2013/0309(COD)

Proposal for a regulation
Recital 68
(68) In order to take account of market and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adapting the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.deleted
2013/12/06
Committee: IMCO
Amendment 108 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 8
(8) ‘harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at Union level, in particular according to the provisions and procedures as laid down in Directive 2002/21/EC and pursuant to Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
2013/12/06
Committee: IMCO
Amendment 111 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 14
(14) ‘open internet access service’ means a publicly available electronic communications service that provides connectivity to the internet at a level of quality that reflects the advances in technology, and thereby allows for connectivity between virtually all end points connected to the internet, irrespective of the network technology used; and without any restrictions to the legal content exchanged. It enables end-users to run any application utilising the electronic communication function of the Internet. Unrestricted Internet access service is based on the best efforts principle, the only exceptions allowed are proportionate technical traffic management measures or implementation of court order.;
2013/12/06
Committee: IMCO
Amendment 119 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that is provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints;d and operated within a closed electronic communications network using the internet protocol, relying on strict admission control and that is not marketed or widely used as a substitute for internet access service;
2013/12/06
Committee: IMCO
Amendment 127 #

2013/0309(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. This section shall apply to harmonised radio spectrum for wireless broadband communications according to Directive 2009/140/EC and Decision No 676/2002/EC with due regard to the provisions as laid down in Article 8a and 9 of Directive 2002/21/EC.
2013/12/06
Committee: IMCO
Amendment 128 #

2013/0309(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence while taking into account important general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users.
2013/12/06
Committee: IMCO
Amendment 130 #

2013/0309(COD)

Proposal for a regulation
Article 9 – paragraph 4 – point e
(e) ensuring wide territorial coverage ofefficient use of spectrum to meet the increasing demand for high- speed wireless broadband networks, and a high level of penetrationt the same time taking account of the public interest and the social, cultural and econsumption of related services.omic value of spectrum as a whole;
2013/12/06
Committee: IMCO
Amendment 131 #

2013/0309(COD)

Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
(ea) ensuring that any change in policy with regard to the efficient use of spectrum takes account of its impact on the public interest in terms of interference and costs.
2013/12/06
Committee: IMCO
Amendment 132 #

2013/0309(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) define the date of expiry of any existing rights of use of harmonised bands other than for wireless broadband communications, or, in the case of rights of indefinite duration, the date by which the right of use shall be amended, in order to allow the provision of wireless broadband communications.deleted
2013/12/06
Committee: IMCO
Amendment 133 #

2013/0309(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
(2a) Paragraph 2 shall not apply to the provisions according to Article 9, paragraph 3 and 4 of Directive 2002/21/EC.
2013/12/06
Committee: IMCO
Amendment 149 #

2013/0309(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted
2013/12/06
Committee: IMCO
Amendment 158 #

2013/0309(COD)

Proposal for a regulation
Article 23 – title
Freedom to provide and avail of open internet access, and reasonableOpen internet access, specialised services, and proportionate technical traffic management
2013/12/06
Committee: IMCO
Amendment 172 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and serviceswhereas providers of Internet access services shall only be allowed to advertise with the minimum guaranteed data volume and speed they can provide for, not the maximum speed.
2013/12/06
Committee: IMCO
Amendment 176 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either pProviders of electronic communications to the public or withservices or providers of content, applications and services on the provision ofare allowed to offer specialised services with an enhanced quality ofto end-users in addition to open internet access services.
2013/12/06
Committee: IMCO
Amendment 181 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communicaProviders of electronic communication services or providers of content, applications and services may offer specialised services to end users provided they are offered in additions to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurringan open internet access service at a level of quality that reflects the technical progress and provided that they do not impair the general performance, affordability, or quality of open internet access services. Specialised services shall only be offered if the network capacity is sufficient to provide such services in addition to the open internet access. Take-up by end- users or by continuous mannent and application providers of commercial offers the general quality of internet access serviceo support managed services should be on a voluntary and non-discriminatory basis.
2013/12/06
Committee: IMCO
Amendment 190 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision ofEnd-users as well as content, application, and service providers, including the media and cultural industries and governments at all levels, shall be provided with complete information in accordance with Article 25(10 (2), Article 261 (2),3) and Article 27 (1)1a of Directive 2002/22/EC, including information on any reasonable traffic management measures applied that might affect access to and distribution of information, content, applications and services as specified in paragraphs 1 and (2)2.
2013/12/06
Committee: IMCO
Amendment 193 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speeds for internet access services, pProviders of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against, restricting specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management or to implement a court order. Traffic management measures shall be considered reasonable when they are deployed to more efficiently manage traffic on the network in order to preserve the integrity and security of the network, and more efficiently manage traffic on the network in demonstrated punctual cases of acute congestion, provided equivalent types of traffic are treated equally. These measures shall be transparent, non- discriminatory, proportionate and necessary to:.
2013/12/06
Committee: IMCO
Amendment 198 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimes;deleted
2013/12/06
Committee: IMCO
Amendment 201 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
(b) preserve the integrity and security of the network, services provided via this network, and the end-users' terminals;deleted
2013/12/06
Committee: IMCO
Amendment 204 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;deleted
2013/12/06
Committee: IMCO
Amendment 206 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.deleted
2013/12/06
Committee: IMCO
Amendment 212 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 a (new)
5a. National regulatory authorities shall put in place appropriate complaint procedures for issues regarding the performance of internet access service for end-users and providers of content, applications and services.
2013/12/06
Committee: IMCO
Amendment 213 #

2013/0309(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatoryopen internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitorensure that the effects of specialised services ondo not impair cultural diversity, media pluralism and innovation. National regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with Article 23 (5) taking the utmost account of the BEREC guidelines specified in paragraph 2 of this Article and in paragraph 3a of Article 21(3a) of the Directive 2002/22/EC. Reasonable traffic management measures shall be subject to periodic review to reflect advances in technology. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
2013/12/06
Committee: IMCO
Amendment 220 #

2013/0309(COD)

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
In order to prevent the general impairment of quality of service for internet access services or to safeguard the ability of end- users to access and distribute content or information or to run applications and services of their choice, nNational rRegulatory aAuthorities shall have the power to impose minimumimpose adequate quality of service requirements on providers of electronic communications to the public.
2013/12/06
Committee: IMCO
Amendment 226 #

2013/0309(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. The Commission may adopt implementing acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).deleted
2013/12/06
Committee: IMCO
Amendment 231 #

2013/0309(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point d
(d) the quality of their services, in accordance with implementing acts provided for in paragraph 2;
2013/12/06
Committee: IMCO
Amendment 232 #

2013/0309(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
(i) actually available data speed for download and upload in the end-user's Member State of residence, including minimum available data speed for downloads and upload at peak-hours;
2013/12/06
Committee: IMCO
Amendment 240 #

2013/0309(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. The Commission may adopt implementing acts specifying the methods for measuring the speed of internet access services, the quality of service parameters and the methods for measuring them, and the content, form and manner of the information to be published, including possible quality certification mechanisms. The Commission may take into account the parameters, definitions and measurement methods set out in Annex III of the Directive 2002/22/EC .Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).deleted
2013/12/06
Committee: IMCO
Amendment 261 #

2013/0309(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point b
(b) the actually available data speed for download and upload at the main location of the end-user, including actualminimum speed ranges, speed averages and peak-hour speed, including the potential impact of allowing access to third parties through a radio local area network ;
2013/12/06
Committee: IMCO
Amendment 34 #

2013/0213(COD)

Proposal for a directive
Recital 5 a (new)
(5a) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Rates2a. ____________ 2a Regulation (EU) N. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2013/11/15
Committee: IMCO
Amendment 37 #

2013/0213(COD)

Proposal for a directive
Recital 6 a (new)
(6a) In order to keep abreast of technological progress and developments in legislation, the Commission should be empowered to adopt, in accordance with Article 290 of the Treaty on the Functioning of the European Union, legal acts concerning the adjustment of the requirements for the European standard listed in this Directive for the semantic data model for the core components of the electronic invoice. It is particularly important that the Commission carry out appropriate consultations as part of its preparatory work, including at experts level. When preparing and drawing up delegated acts, the Commission should ensure that the relevant documents are sent to the European Parliament and the Council simultaneously, in good time and in an appropriate manner.
2013/11/15
Committee: IMCO
Amendment 39 #

2013/0213(COD)

Proposal for a directive
Recital 7 a (new)
(7a) Following the adoption of the new European standard by the Commission in accordance with the European standardisation procedure, the Commission should test the standard in practice. In this test phase the Commission should describe and check the application of the standard as it exists for use by an end user. The Commission should pay particular attention to user- friendliness and practicality, and calculate potential implementing costs.
2013/11/15
Committee: IMCO
Amendment 40 #

2013/0213(COD)

Proposal for a directive
Recital 7 b (new)
(7b) In order to ensure that small and medium-sized enterprises can also benefit from electronic invoicing in public procurement, the European standard should be easy to understand, user- friendly and easy to use.
2013/11/15
Committee: IMCO
Amendment 41 #

2013/0213(COD)

Proposal for a directive
Recital 7 c (new)
(7c) In the context of implementation, Member States should take into account the needs of small and medium-sized enterprises and small contracting entities and offer both contracting authorities and contracting entities and suppliers the necessary support so that the new European standard can be used. Moreover, training measures should be provided, in particular for small and medium-sized enterprises.
2013/11/15
Committee: IMCO
Amendment 47 #

2013/0213(COD)

Proposal for a directive
Recital 12 a (new)
(12a) In the context of implementation, Member States should bear in mind that electronic invoices received in accordance with the European standard are also accepted in internal administrative processing by other bodies (for example, grant applications).
2013/11/15
Committee: IMCO
Amendment 48 #

2013/0213(COD)

Proposal for a directive
Recital 16 a (new)
(16a) The Directive should require only recipients, i.e. contracting authorities, central purchasing bodies and contracting entities, to accept and process electronic invoices. In contrast, the invoicing entity should be able to choose between submitting the invoice in accordance with the European standard, in accordance with national or other technical standards or in paper format.
2013/11/15
Committee: IMCO
Amendment 49 #

2013/0213(COD)

Proposal for a directive
Recital 18
(18) In order to allow contracting authorities and contracting entities to take the technical measures that, following the establishment of the European standard, are necessary to comply with the provisions of this Directive, a transposition deadline of 418 months is justifiedafter publication of the European standard in the Official Journal of the European Union is justified. Central government authorities and central purchasing bodies should apply the provisions of this Directive transposed by Member States within 18 months of the entry into force of this Directive. Sub- central contracting authorities and contracting entities should apply these provisions within 36 months after the entry into force of this Directive.
2013/11/15
Committee: IMCO
Amendment 51 #

2013/0213(COD)

Proposal for a directive
Recital 18 b (new)
(18b) A standardisation of electronic invoicing is in line with the expansion of European Union law and national and international law for electronic procurement in the Union.
2013/11/15
Committee: IMCO
Amendment 52 #

2013/0213(COD)

Proposal for a directive
Recital 19 b (new)
(19b) The intended use of Structural Fund resources to support the establishment of e-procurement in Europe should also promote the use of electronic invoicing for public contracts.
2013/11/15
Committee: IMCO
Amendment 53 #

2013/0213(COD)

Proposal for a directive
Recital 20 a (new)
(20a) The European Data Protection Supervisor has been consulted in accordance with Article 28, paragraph 2, of Regulation (EC) No 45/2001 of the European Parliament and of the Council11a and issued an opinion on 11 November 2013. _____________ 11a Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8 , 12.1.2001, p. 1).
2013/11/15
Committee: IMCO
Amendment 57 #

2013/0213(COD)

Proposal for a directive
Article 2 – point 4 a (new)
(4a) 'central government authorities’ means contracting authorities as defined in Article 2(2) of the Directive [replacing Directive 2004/18/EC];
2013/11/15
Committee: IMCO
Amendment 58 #

2013/0213(COD)

Proposal for a directive
Article 2 – point 4 b (new)
(4b) 'sub-central contracting authorities’ means sub-central contracting authorities as defined in Article 2(3) of the Directive [replacing Directive 2004/18/EC];
2013/11/15
Committee: IMCO
Amendment 59 #

2013/0213(COD)

Proposal for a directive
Article 2 – point 4 c (new)
(4c) 'central purchasing bodies' means central purchasing bodies as defined in Article 2(10) of the Directive [replacing Directive 2004/18/EC];
2013/11/15
Committee: IMCO
Amendment 64 #

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new)
1a. Once the competent European standardisation organisation has completed the process of drawing up the European standard for the semantic data model for the key components of an electronic invoice and the Commission has checked that the standard is consistent with the request, the Commission shall test the practical application of the standard, as it exists for use by an end user [especially with regard to the criteria of practicality, user- friendliness and possible implementation costs], within the following six months. Within one month of completion of the testing procedure, the Commission shall submit a report on the outcome to the European Parliament and the Council. within the following six months.
2013/11/15
Committee: IMCO
Amendment 65 #

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
The Commission may dispense with the test procedure if it, or the competent standardisation organisation has already checked, during the process of drawing up the standard, as referred to in this article, that the practical application of the standard meets the relevant requirements.
2013/11/15
Committee: IMCO
Amendment 67 #

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 2 a (new)
2a. If the Commission establishes by means of an implementing act that the European standard drawn up in response to its request, as referred to in paragraph 1, meets the requirements set out in the Annex to this Directive it shall publish the references of the standard in the Official Journal of the European Union. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
2013/11/15
Committee: IMCO
Amendment 68 #

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 2 b (new)
2b. The European standard for the semantic data model for the key components of an electronic invoice shall meet the stipulations of Council Directive 2006/112/EC.
2013/11/15
Committee: IMCO
Amendment 70 #

2013/0213(COD)

Proposal for a directive
Article 3 a (new)
Article 3a Maintenance and further development of the European standard The Commission may request the relevant European standardisation organisation to revise the European standard for the semantic data model for the key components of an electronic invoice. It shall make such a request in accordance with the procedure referred to in Article 3(1).
2013/11/15
Committee: IMCO
Amendment 71 #

2013/0213(COD)

Proposal for a directive
Article 3 b (new)
Article 3b Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 5b in relation to changes in the requirements set out in Articles 3(2b) and 3a(1), and in the Annex to this Directive, for the European standard for the semantic data model for the key components of an electronic invoice.
2013/11/15
Committee: IMCO
Amendment 74 #

2013/0213(COD)

Proposal for a directive
Article 4 a (new)
Article 4a Formal objections to the European standard (1) If a Member State or the European Parliament considers that the European standard does not fully meet the requirements set out in Articles 3(2b) and 3a(1) and in the Annex to this Directive, it shall be incumbent on it to advise the Commission of its objections, submitting a detailed explanation thereof, and the Commission, after consultation with the committee referred to in Article 5a (new) or other consultation with experts in the relevant sector, shall decide: (a) to publish, not to publish, or to publish with restriction, the references of the European standard concerned in the Official Journal of the European Union, or (b) to maintain, to maintain with restriction, or to withdraw, the references of the European standard concerned in, or from, the Official Journal of the European Union. (2) The Commission shall publish information on its website on the European standard once it has been subject to the decision referred to in paragraph 1. (3) The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the European standard concerned. (4) The decision referred to in paragraph 1(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5a(2). (5) The decision referred to in paragraph 1(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
2013/11/15
Committee: IMCO
Amendment 77 #

2013/0213(COD)

Proposal for a directive
Article 5 a (new)
Article 5a Implementing provisions (1) The Commission shall be assisted by the committee established under Regulation (EU) No 1025/2012 of the European Parliament and of the Council11a. (2) Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council shall apply11b. (3) Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. ____________ 11a Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). 11b Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2013/11/15
Committee: IMCO
Amendment 79 #

2013/0213(COD)

Proposal for a directive
Article 5 b (new)
Article 5b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 3b shall be conferred on the Commission for an indeterminate period of time from [the date of the entry into force of this Directive]. 3. The delegation of power referred to in Article 3b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. The decision shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3b shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
2013/11/15
Committee: IMCO
Amendment 80 #

2013/0213(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 418 months following the entry into forcerom the date of publication of the references of the European standard in the Official Journal of the European Union at the latest. TheyMember States shall forthwith communicate to the Commission the text of those provisionshe text of these provisions to the Commission. Member States shall apply these laws, regulations and administrative provisions to central government authorities and central procurement entities from the first day of the 19th month following publication of the references of the European standard in the Official Journal of the European Union. Member States shall apply these laws, regulations and administrative provisions to sub- central public contracting authorities and contracting entities from the first day of the 37th month following publication of the references of the European standard in the Official Journal of the European Union.
2013/11/15
Committee: IMCO
Amendment 78 #

2013/0139(COD)

Proposal for a directive
Recital 27
(27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State, provided that they do not already have a payment account in another Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, such as unemployment or personal bankruptcy, and of their place of residence. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing16, in particular with regard to customer due diligence procedures. __________________ 16 OJ L 309, 25.11.2005, p. 15.
2013/10/14
Committee: IMCO
Amendment 121 #

2013/0139(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2a. The acquisition of a share in a cooperative shall not be deemed to be a product or a service within the meaning of paragraph 2.
2013/10/14
Committee: IMCO
Amendment 149 #

2013/0139(COD)

Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
(ba) where a consumer already has a payment account with basic features in another Member State.
2013/10/14
Committee: IMCO
Amendment 98 #

2013/0137(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal.
2013/12/18
Committee: AGRI
Amendment 308 #

2013/0137(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
In the case of plant reproductive material, other than forest reproductive material, professional operators shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
2013/12/18
Committee: AGRI
Amendment 313 #

2013/0137(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
In the case of forest reproductive material, the respective period shall be ten years.deleted
2013/12/18
Committee: AGRI
Amendment 382 #

2013/0137(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Plant reproductive material may not be produced and made available on the market as standard material, if it belongs to genera or species for which the costs and certification activities necessary to produce and make available on the market plant reproductive material as pre- basic, basic and certified material are proportionate: (a) to the purpose of ensuring food and feed security; and (b) to the higher level of identity, health and quality of the plant reproductive material which result from the fulfilment of the requirements for pre-basic, basic and certified material compared to those for standard material.deleted
2013/12/18
Committee: AGRI
Amendment 389 #

2013/0137(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point b
(b) to the higher level of identity, health and quality of the plant reproductive material which result from the fulfilment of the requirements for pre-basic, basic and certified material compared to those for standard material.deleted
2013/12/18
Committee: AGRI
Amendment 399 #

2013/0137(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. By way of derogation to paragraph 2 and 3, plant reproductive material shall only be produced and made available on the market as standard material if one or more of the following cases apply: (a) it belongs to a variety provided with an officially recognised description; (b) it is heterogeneous material in the meaning of Article 14(3); (c) it is niche market material in the meaning of Article 36(1).deleted
2013/12/18
Committee: AGRI
Amendment 407 #

2013/0137(COD)

Proposal for a regulation
Article 13 – title
Production and mMaking available on the market of pre- basic, basic, certified and standard material
2013/12/18
Committee: AGRI
Amendment 410 #

2013/0137(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
2013/12/18
Committee: AGRI
Amendment 478 #

2013/0137(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Plant reproductive material shall be producedwhich has been officially registered and which is undergoing certification shall be made available on the market in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
2013/12/18
Committee: AGRI
Amendment 538 #

2013/0137(COD)

Proposal for a regulation
Article 27
Professional operators shall inform the competent authorities in due time about their intention to produchave pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in certified in accordance with Article 19(1). That notification shall state the plant species and categories concerned.
2013/12/18
Committee: AGRI
Amendment 552 #

2013/0137(COD)

Proposal for a regulation
Article 30 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge. They may concern the following:
2013/12/18
Committee: AGRI
Amendment 553 #

2013/0137(COD)

Proposal for a regulation
Article 30 – paragraph 4 – point a
(a) the proportion of samples per genera and species and categories submitted to tests;deleted
2013/12/18
Committee: AGRI
Amendment 555 #

2013/0137(COD)

Proposal for a regulation
Article 30 – paragraph 4 – point b
(b) the testing procedure.deleted
2013/12/18
Committee: AGRI
Amendment 559 #
2013/12/18
Committee: AGRI
Amendment 673 #

2013/0137(COD)

Proposal for a regulation
Article 42 – paragraph 1 a (new)
1a. These provisions shall not apply to small undertakings and farms which supply local markets.
2013/12/18
Committee: AGRI
Amendment 781 #

2013/0137(COD)

Proposal for a regulation
Article 56 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the satisfactory development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part A of Annex IV.
2013/12/18
Committee: AGRI
Amendment 817 #

2013/0137(COD)

Proposal for a regulation
Article 57 – paragraph 2 – point a
(a) it is produced in the region(s) of origin;deleted
2013/12/18
Committee: AGRI
Amendment 829 #

2013/0137(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), competent authorities may approve additional region(s) of origin for that variety.deleted
2013/12/18
Committee: AGRI
Amendment 863 #

2013/0137(COD)

Proposal for a regulation
Article 62
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
2013/12/18
Committee: AGRI
Amendment 897 #

2013/0137(COD)

Proposal for a regulation
Article 65 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species, the clones of which have a particular value for particular market sectors.
2013/12/18
Committee: AGRI
Amendment 913 #

2013/0137(COD)

Proposal for a regulation
Article 67 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out additional items to be included in the application for particular genera or species, in relation with the particular features of the varieties belonging to those genera or species.
2013/12/18
Committee: AGRI
Amendment 917 #

2013/0137(COD)

Proposal for a regulation
Article 68
Article 68 Application format The Commission shall adopt, by means of implementing acts, the format of the application referred to in Article 66. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2013/12/18
Committee: AGRI
Amendment 924 #

2013/0137(COD)

Proposal for a regulation
Article 69 – paragraph 1 – point b
(b) the format adopted pursuant to Article 68.deleted
2013/12/18
Committee: AGRI
Amendment 926 #

2013/0137(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. If the application does not comply with the requirements laid down in Article 67 or the format adopted pursuant to Article 68, the competent authority shall give the applicant the possibility to make its application compliant within a given time.deleted
2013/12/18
Committee: AGRI
Amendment 949 #
2013/12/18
Committee: AGRI
Amendment 970 #
2013/12/18
Committee: AGRI
Amendment 1084 #

2013/0137(COD)

Proposal for a regulation
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1by the Member States shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget.
2013/12/18
Committee: AGRI
Amendment 1085 #

2013/0137(COD)

Proposal for a regulation
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1 shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget. Derogations or exemptions may be laid down for small undertakings or private individuals.
2013/12/18
Committee: AGRI
Amendment 1101 #
2013/12/18
Committee: AGRI
Amendment 120 #

2013/0049(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point d a (new)
(da) medicinal devices as referred to in Directive 93/42/EEC concerning medicinal devices, Directive 90/385/EEC concerning active implantable medical devices and Directive 98/79/EC concerning in vitro diagnostic medical devices;
2013/09/16
Committee: IMCO
Amendment 129 #

2013/0049(COD)

Proposal for a regulation
Article 3 – point 1
(1) ‘safe product’ means any product which is genuine and which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
2013/09/16
Committee: IMCO
Amendment 189 #

2013/0049(COD)

Proposal for a regulation
Article 7
Article 7 Indication of the origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.deleted
2013/09/16
Committee: IMCO
Amendment 237 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where. If thatis is not impossible, on its packaging or in a document accompanying the productaccount of the size, nature or packaging of the product, only the trade mark shall be indicated. The address must indicate a single point at which the manufacturer can be contacted.
2013/09/16
Committee: IMCO
Amendment 283 #

2013/0049(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verifycheck with the requisite care that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2013/09/16
Committee: IMCO
Amendment 66 #

2013/0048(COD)

Proposal for a regulation
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment, intellectual property rights and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market can thrive. Rules are therefore necessary on market surveillance and on controls of products entering the Union from third countries.
2013/09/11
Committee: IMCO
Amendment 185 #

2013/0048(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. OnFollowing a reasoned request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by them. Where an economic operator has previously received the documentation and information concerned from another economic operator, and where it is classified as confidential under EU and Member State trade secrecy rules, confidentiality shall be ensured when that documentation and information is made available.
2013/09/11
Committee: IMCO
Amendment 275 #

2013/0048(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. For products and risks subject to Regulation (EC) No 1907/2006, athe Commission may take a decision, pursuant to paragraph 1 of this Article, only if it has justifiable grounds for believing that urgent action is essential to protect human health or the environment. A decision taken by the Commission pursuant to paragraph 1 of this Article shall be valid for up to two years and may be extended for additional periods of up to two years. Such a decision shall be without prejudice to procedures provided in that Regulation. The Commission shall immediately inform the Member States and the European Chemicals Agency thereof, giving reasons for its decision and submitting the scientific or technical information on which the provisional measure is based. If the provisional measure adopted by the Commission involves restricting the placing on the market or use of a substance, the Commission shall initiate a Community restrictions procedure by submitting to European Chemicals Agency a dossier, in accordance with Annex XV to Regulation (EC) No 1907/2006, within three months of the date of the Commission decision.
2013/09/11
Committee: IMCO
Amendment 285 #

2013/0048(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point a
(a) any requirements laid down in or pursuant to Union harmonisation legislation that apply to the product and relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, including assessments drawn up pursuant to Regulation (EC) No 1907/2006, e.g. in connection with registration, authorisation, restrictions or reporting;
2013/09/11
Committee: IMCO
Amendment 347 #

2013/0048(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. On receiving a notification, the Commission shall communicate it to the relevant economic operator and the other Member States. If the notification does not satisfy the requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.
2013/09/11
Committee: IMCO
Amendment 350 #

2013/0048(COD)

Proposal for a regulation
Article 20 – paragraph 5 b (new)
5b. Where appropriate, information on a product in a RAPEX notification shall be updated.
2013/09/11
Committee: IMCO
Amendment 177 #

2012/0366(COD)

Proposal for a directive
Article 5 – paragraph 6 c (new)
6c. Tobacco products other than cigarettes and roll-your-own tobacco shall be excluded from information on emissions and values until measuring methods have been developed at Community level.
2013/05/08
Committee: IMCO
Amendment 233 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c
(c) cover 7543 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
2013/05/08
Committee: IMCO
Amendment 244 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 1 – point e
(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
2013/05/08
Committee: IMCO
Amendment 252 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 1 – point g
(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.deleted
2013/05/08
Committee: IMCO
Amendment 266 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, design, rotation and proportations of the health warnings;
2013/05/08
Committee: IMCO
Amendment 272 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 3 – point d
(d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.deleted
2013/05/13
Committee: IMCO
Amendment 312 #

2012/0366(COD)

Proposal for a directive
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboidrectangular shape. A unit packet of roll- your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 gcylinder or box.
2013/05/13
Committee: IMCO
Amendment 335 #

2012/0366(COD)

Proposal for a directive
Article 13 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.
2013/05/13
Committee: IMCO
Amendment 475 #

2012/0366(COD)

Proposal for a directive
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
2013/05/13
Committee: IMCO
Amendment 478 #

2012/0366(COD)

Proposal for a directive
Article 26 – paragraph 1 b (new)
Member States may permit the marketing of other tobacco products, which do not comply with this Directive, until (Publications Office, please insert exact date: entry into force + 36 months).
2013/05/13
Committee: IMCO
Amendment 1 #

2012/0309(COD)

Proposal for a regulation
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
2013/07/12
Committee: LIBE
Amendment 3 #

2012/0309(COD)

Proposal for a regulation
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
2013/07/12
Committee: LIBE
Amendment 5 #

2012/0309(COD)

Proposal for a regulation
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
2013/07/12
Committee: LIBE
Amendment 8 #

2012/0309(COD)

Proposal for a regulation
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
2013/07/12
Committee: LIBE
Amendment 77 #

2012/0288(COD)

Council position
Recital 1
(1) Pursuant to Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council3 each Member State is to ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that Member State. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor. Other methods to meet the target are reducing energy consumption, which is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise, and the use of electricity from renewable energy sources. __________________ 3Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/777/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
2015/02/02
Committee: ENVI
Amendment 79 #

2012/0288(COD)

Council position
Recital 4
(4) Where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non- agricultural land into production elsewhere. The latter case constitutes indirect land-use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore be amended to include provisions to address indirect land-use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
2015/02/02
Committee: ENVI
Amendment 86 #

2012/0288(COD)

Council position
Recital 4 a (new)
(4a) In addition, it should be borne in mind that biofuel production from arable crops in the Union helps to reduce the Union shortage of vegetable protein.
2015/02/02
Committee: ENVI
Amendment 90 #

2012/0288(COD)

Council position
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks, it is likely there is a risk that greenhouse gas emissions linked to indirect land- use change are significant, and could negate some or all of the greenhouse gas emission savings of individual biofuelscould be significant. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, sugars and cereals and other starch-rich crops accordinglyavert this risk in the short, medium and long term, research and development should be encouraged into the production of new forms of advanced biofuels that do not compete directly with food crops.
2015/02/02
Committee: ENVI
Amendment 111 #

2012/0288(COD)

Council position
Recital 9
(9) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the Commission2012 Communication of 13 February 2012 entitled ‘Innovating for Sustainable growth: A Bioeconomy for Europe’ and the Commission Communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses other than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water.
2015/02/02
Committee: ENVI
Amendment 124 #

2012/0288(COD)

Council position
Recital 13
(13) To prepare for the transition towards increased use of advanced biofuels and minimise the overall indirect land- use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC, that can be counted towards targets set out in Directive 2009/28/EC, without restricting the overall useestablish mandatory targets for advanced biofuels to be phased in gradually and according to a timetable that will provide predictability and stability for investors and to limit the amount of biofuels and bioliquids obtained from food crops that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the 10% target for transport set in Directive 2009/28/EC should be limited by introducing a 6.5% cap ofn such biofuels and bioliquids in 2020. 1% out of the 10% target could be achieved by counting the use of renewable energy in electric transport or the use of hydrogen in transport.
2015/02/02
Committee: ENVI
Amendment 127 #

2012/0288(COD)

Council position
Recital 13 a (new)
(13a) Considering that the present Union installed conventional ethanol production capacity is equal to 6% by energy of the expected 2020 petrol market, that there is a legitimate need to protect existing investments in conventional biofuel production capacity made in good faith and that a start needs to be made on commercialising ethanol from lignocellulose, a dedicated target of at least 7.5% from renewable sources of final energy consumption in the transport sector in the form of petrol in 2020 should be introduced, of which 8% should be from biofuel produced from sugars and starch crops.
2015/02/02
Committee: ENVI
Amendment 130 #

2012/0288(COD)

Council position
Recital 14 a (new)
(14a) Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged.
2015/02/02
Committee: ENVI
Amendment 137 #

2012/0288(COD)

Council position
Recital 15
(15) The Commission's impact assessment has shown that the models used to estimated the indirect land-use change emissions should be included in the reporting by the Commission of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. of biofuels production deliver results with significant variations, limitations and uncertainties. The results of modelling emissions from indirect land-use change are therefore still too uncertain to be included in legislation. The Commission should, before 31 December 2015, submit a report to the European Parliament, incorporating experience from ILUC-models implemented in other countries and developed in close corporation with all relevant stakeholders, on progress as regards the robustness and reliability of scientific evidence for the use of indirect land use change factors; the report should, if appropriate, be accompanied by a legislative proposal introducing a requirement for fuel suppliers to regularly report on the estimated indirect land-use change emissions of the biofuels they market, based on ILUC factors and with effect from September 2016.
2015/02/02
Committee: ENVI
Amendment 143 #

2012/0288(COD)

Council position
Recital 15 a (new)
(15a) The use of land to grow biofuel feedstocks should not result in the displacement of local and indigenous communities. Accordingly, only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be regarded as sustainable.
2015/02/02
Committee: ENVI
Amendment 145 #

2012/0288(COD)

Council position
Recital 16 a (new)
(16a) The Commission should periodically review the methodology for estimating land-use change emission factors and the list of available advanced biofuels as laid down in Annex IX, taking into account consolidated, peer-reviewed, technical and scientific progress, and continuously report on the development of models used to estimate indirect land-use change emissions.
2015/02/02
Committee: ENVI
Amendment 146 #

2012/0288(COD)

Council position
Recital 16 b (new)
(16b) The review and adaptation of this methodology should take into account the fact that undertakings have already made massive investments on the basis of current legislation.
2015/02/02
Committee: ENVI
Amendment 147 #

2012/0288(COD)

Council position
Recital 17 a (new)
(17a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, the use of renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems.
2015/02/02
Committee: ENVI
Amendment 148 #

2012/0288(COD)

Council position
Recital 18 a (new)
(18a) The Commission should also review ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land. The Commission may also assess the impact on biomass-using sectors.
2015/02/02
Committee: ENVI
Amendment 150 #

2012/0288(COD)

Council position
Recital 19 a (new)
(19a) Other ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on vulnerable, abandoned or unused land, should be assessed by the Commission with a view to incorporating them into the directives in the form of a bonus similar to that already provided for in Part C, point 7, of Annex IV to Directive 98/70/EC and in Part C, point 7, of Annex V to Directive 2009/28/EC for biomass obtained from restored degraded land.
2015/02/02
Committee: ENVI
Amendment 169 #

2012/0288(COD)

Council position
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7a – paragraph 2 a (new)
-a) the following paragraph is added: ‘(2a) Member States shall require suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied in a linear manner as from 31 December 2020 to achieve a 10 % reduction as compared with the fuel baseline standard referred to in paragraph 5(b).’
2015/02/02
Committee: ENVI
Amendment 172 #

2012/0288(COD)

Council position
Article 1 – point 2 – point b
Directive 98/70/EC
Article 7a – paragraph 6
(6) As part of the reporting under paragraph 1, Member States shall ensure that fuel suppliers report annually to the authority designated by the Member State, on the biofuel production pathways, volumes of biofuels derivFuel suppliers shall by 31 March each year report to the authority designated by the Member State, following procedures established with an eye to avoiding administrative burdens, on progress made towards reaching the mandatory targets referred to in Article 3(4) of Directive 2009/28/EC for advanced biofuels. The suppliers shall document that the biofuels are produced from the feedstocks as categorised in Part A of Annex V, and the life cycle greenhouse gas emissions per unit of energyin accordance with the definition of advanced biofuels set out in Article 2 of Directive 2009/28/EC, which includes in particular production from feedstocks listed in Annex IX. Member States shall report thoese data to the Commission.
2015/02/02
Committee: ENVI
Amendment 187 #

2012/0288(COD)

Council position
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4 a (new)
(ba) The following paragraph is inserted: ‘4a. Biofuels and bioliquids from countries or regions in which emissions from land use change amount to more than 35% of emissions from fossil fuels (30 g CO2eq/MJ) calculated for the whole country or region in accordance with Part C, point 7, of Annex IV shall not be taken into account for the purposes referred to in paragraph 1.’
2015/02/02
Committee: ENVI
Amendment 189 #

2012/0288(COD)

Council position
Article 1 – point 3 – point b b (new)
Directive 98/70/EC
Article 7b – paragraph 5 a (new)
bb) The following paragraph is inserted: ‘5a. Raw materials used to produce biofuels and bioliquids should not be taken into account for the purposes referred to in points (a), (b) and (c) of Article 7a(2) if, in the year of the raw material production, the use of land covered by paragraphs 4 and 5 has been changed considerably.’
2015/02/02
Committee: ENVI
Amendment 190 #

2012/0288(COD)

Council position
Article 1 – point 3 – point b c (new)
bc) In paragraph 7, the first sentence of the second subparagraph is amended as follows: ‘The Commission shall, report every two years, report to the European Parliament and the Council on the impact on social sustainability in the CommunityUnion and in third countries of increased demand for biofuel, on the impact of Communitycontribution of biofuel production to reducing the Union's shortage of vegetable protein and on the impact of Union biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and on wider development issues.
2015/02/02
Committee: ENVI
Amendment 206 #

2012/0288(COD)

Council position
Article 1 – point 5 – point d a (new)
Directive 98/70/EC
Article 7d – paragraph 8 a (new)
da) the following paragraph is added: ‘(8a) No later than 31 December 2015, the Commission shall submit a legislative proposal to incorporate further ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land, by means of a similar bonus to the one set out for biomass obtained from restored degraded land in accordance with the conditions provided for in Part C, point 8, of Annex IV.’
2015/02/02
Committee: ENVI
Amendment 209 #

2012/0288(COD)

Council position
Article 2 – point -1 (new)
Directive 2009/28/EC
Article 2 – paragraph 2 – point k
-1. In Article 2, point (k) is replaced by the following: ‘k) ‘support scheme’ means any instrument, scheme or mechanism applied by a Member State or a group of Member States, that promotes the use of energy from renewable sources by reducing the cost of thatis energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased. T; this includes, but is not restricted to, investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments; support schemes must not distort the markets in raw materials of other manufacturing sectors in which the same raw materials are traditionally used.’
2015/02/02
Committee: ENVI
Amendment 220 #

2012/0288(COD)

Council position
Article 2 – point 1
Directive 2009/28/EC
Article 2 – paragraph 2 – point v a (new)
(va) ‘advanced biofuels’ means biofuels produced from feedstocks that do not compete directly with food and feed crops such as wastes, residues and algae. A non-exhaustive list of advanced biofuels is established in Annex IX. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b in order to adapt this list to scientific and technical progress.
2015/02/02
Committee: ENVI
Amendment 229 #

2012/0288(COD)

Council position
Article 2 – point 2 – points b, c, d
Directive 2009/28/EC
Article 3 – paragraph 4
b) in paragraph 4, the second subparagraph is amended as follows: -i) point (a) is replacthe following sentence is added byto the following: ‘a) for the calculation of the denominator, that is the total amount of energy consumed in transport for the purposes of the first subparagraph, only petrol, diesel, biofuels consumed in road and rail transport, and electricity, including electricity used for the producirst paragraph: ‘Each Member State shall ensure that the share of energy from renewable sources in petrol in 2020 is at least 7.5% of the final consumption of renewable liquid and gaseous fuels of non-biological origin, shall be taken into account;" ii) in point (b), the following sentence is added: ‘This point shall be without prejudice to point (d) of this paragraph and Article 17(1)(a);’ iii) point (c) is replaced by the following: ‘c) for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles and for the production of renewable liquid and gaseous fuels of non-biological origin for the purpose of points (a) and (b), Member States may choose to use either the average share of electricity from renewable energy sources in the Union or the share of electricity from renewable energy sources in their own country as measured two years before the year in question. Furthermore, for the calculation of rgy in petrol in that Member State. -ii) the following subparagraphs are added after the first subparagraph: 'In 2016, at least 0.5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels. In 2020, at least 2.5% of the final consumption of energy in transport shall be met withe electricity from renewable energy sources consumed by electrified rail transport, that consumption shall be considered to be 2,5 times the energy content of the input of electricity from renewable energy sources. For the calculation of nergy from advanced biofuels. In 2025, at least 4% of the final consumption of energy in transport shall be met withe electricity from renewable energy sources consumed by electric road vehicles in point (b), that consumption shall be considered to be five times the energy content of the input of electricity from renewable energy sources.’ iv) the following points are added: ‘d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the Member States in 2020; e) Member States shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, being consumed on their territory. To that effect, each Member State shall set a national target, which it shall endeavour to achieve. A reference value for this target is 0,5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph, to be met with biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, and which shall be considered to be twice their energy content in accordance with point (f) of this subparagraph and part A of Annex IX. In addition, biofuels made from feedstocks not listed in Annex IX that were determined to be wastes, residues, non-food cellulosic material or ligno-cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of Directive 2014/…/EU of the European Parliament and of the Council*, may be counted towards the national target. __________________ +OJ: please insert the number of this Directive. Directive 2014/…/EU of the European Parliament and of the Council of … amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (OJ L …, p. …).’nergy from advanced biofuels.’ ii) in point (b), the following sentence is added: ‘This indent shall be without prejudice to Articles 17(1)a and 3(4)d;’ iv) the following points are added: ‘d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops, shall be no more than 6.5% of the final consumption of energy in transport in 2020 and the share of energy from advanced biofuels shall be no less than 2,5% of the final consumption of energy in transport in 2020. e) Materials that have been intentionally modified to count as waste shall not be taken into account in connection with compliance with the targets set out in this Article. Member States shall ensure that when fraud is detected, appropriate action is taken.
2015/02/02
Committee: ENVI
Amendment 234 #

2012/0288(COD)

Council position
Article 2 – point 2 – point b – point ii a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point b a (new)
iia) The following point is inserted in Article 3(4), second subparagraph: ‘ba) Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that Member State.’
2015/02/02
Committee: ENVI
Amendment 288 #

2012/0288(COD)

Council position
Article 2 – point 2 – point d a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
ab) the following paragraph is inserted: ‘(4a) By [one year after the date on which this Directive enters into force], the Commission shall make recommendations for additional measures that Member States may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in Article 4(2)(b)."
2015/02/02
Committee: ENVI
Amendment 298 #

2012/0288(COD)

Council position
Article 2 – point 2 a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 a (new)
2a. In Article 4 the following point is added: ‘(3a) Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a).’
2015/02/02
Committee: ENVI
Amendment 299 #

2012/0288(COD)

Council position
Article 2 – point 2 b (new)
Directive 2009/28/EC
Article 4 – paragraph 3 b (new)
2b. In Article 4, the following point is inserted: ‘(3b) Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the steps in intends to take to meet the target set in the first subparagraph of Article 3(4).’
2015/02/02
Committee: ENVI
Amendment 311 #

2012/0288(COD)

Council position
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 4 a (new)
ba) the following paragraph is added: ‘(4a) Biofuels and bioliquids from countries or regions in which emissions from land-use changes amount to more than 35% of the emissions from fossil fuels (30 g CO2eq/MJ) calculated for the whole country or region in accordance with point 7 of part C of Annex V shall not be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1.’
2015/02/02
Committee: ENVI
Amendment 314 #

2012/0288(COD)

Council position
Article 2 – point 5 – point b d (new)
Directive 2009/28/EC
Article 17 – paragraph 5 a (new)
bd) the following paragraph 5a is inserted: ‘(5a) Raw materials used to produce biofuels and bioliquids should not be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if, in the year of the raw material production the use of land covered by paragraphs 4 and 5 has been changed considerably.’
2015/02/02
Committee: ENVI
Amendment 330 #

2012/0288(COD)

Council position
Article 2 – point 7 – point d a (new)
Directive 2009/28/EC
Article 19 – paragraph 8 a (new)
da) the following paragraph is inserted: ‘(8a) No later than 31 December 2015, the Commission shall submit a legislative proposal to incorporate further ILUC mitigation measures such as use of co- products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land by means of a similar bonus to the one set out for biomass obtained from land under the conditions provided for in Annex IV part C point 8.’
2015/02/02
Committee: ENVI
Amendment 352 #

2012/0288(COD)

Council position
Annex I
Directive 98/70/EC
Annexes IV and V
[...]deleted
2015/02/02
Committee: ENVI
Amendment 369 #

2012/0288(COD)

Council position
Annex II – point 1
Directive 2009/28/EC
Annex V – Part C – point 7
1. [...]deleted
2015/02/02
Committee: ENVI
Amendment 375 #

2012/0288(COD)

Council position
Annex II – point 2
Directive 2009/28/EC
Annex VIII
2. [...]deleted
2015/02/02
Committee: ENVI
Amendment 383 #

2012/0288(COD)

Council position
Annex II – point 3
Directive2009/28/EC
Annex IX
Annex IX Part A. Feedstocks and fuels, the contribution of which towards the target(s) referrList of advanced biofuels The biofuel coming from the following feed sto in Article 3(4) shall be considered to be twice their energy content a) Algae if cultivated on land in ponds or photobioreactorscks will be considered advanced biofuels: (a) Algae; b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2)(a) of Directive 2008/98/EC; c) Bio-waste as defined in Article 3(4) of Directive 2008/98/EC from private households subject to separate collection as defined in Article 3(11) of that of 19 November 2008 on waste and repealing certain Directive.s; d) Biomass fraction of industrial waste not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annexand biodegradable fraction of industrial waste; e) Straw; f) AnimalLivestock manure and sewage sludge; g) Palm oil mill effluent and empty palm fruit bunches; h) Tall oil pitch; i) Crude glycerine; j) Bagasse; k) Grape marcs and wine lees; l) Nut shells; m) Husks; n) Cobs cleaned of kernels of corn; o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre- commercial thinnings, leaves, needles, tree topProcessing residues from pulp and paper industry such as black liquor, crude sulphate soap, crude tall oil and tall oil pitch; i) Crude glycerine; j) Bagasse; k) Grape marcs and wine lees; l) Nut shells; m) Husks; n) Cobs; o) Bark, branches, thinnings, leaves, saw dust, and cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil; p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2; q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2; oa) Animal fats classified as category I, II and III in accordance with EC/1774/2002 laying down health rules concerning animal by-products not intended for human consumption**; p) Non-food cellulosic material; q) Ligno-cellulosic material except saw logs and veneer logs; r) Renewable liquqa) Triglycerides, free fatty acids and gaseous fuels of non-biological origin. ________________ * Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (fatty distillates and off-specification oils from oleochemical, biodiesel, vegetable oil refining, food processing and animal fat rendering industries qb) Animal fats not intended for human consumption qc) Technical corn oil qd) Waste fat from fish processing industry. r) Renewable liquids and gaseous fuels of non-biological origin. ________________ * OJ L 300273, 140.110.20092, p. 1).'.
2015/02/02
Committee: ENVI
Amendment 560 #

2011/0439(COD)

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
CWhere fully standardised supplies and services are involved, contracting entities may use electronic auctions in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/09/03
Committee: IMCO
Amendment 656 #

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 2
2. Contracting entities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting entities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number.deleted
2012/09/03
Committee: IMCO
Amendment 658 #

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting entities may provide that they will either award a contract per lot or one or more contracts, covering several or all lots. Contracting entities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting entities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 76 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 76 are better fulfilled with regard to all the lots covered by that contract. Contracting entities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/09/03
Committee: IMCO
Amendment 665 #

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 4
4. Contracting entities may require that all contractors coordinate under the direction of the economic operator to which a lot involving the coordination of the entire project or its relevant parts has been awarded.deleted
2012/09/03
Committee: IMCO
Amendment 733 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality;deleted
2012/09/03
Committee: IMCO
Amendment 765 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1). A list of such legislative and delegated acts is set out in Annex XV. The Commission, shall be empowered to adopt delegated acts in accordance with Article 98 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.deleted
2012/09/03
Committee: IMCO
Amendment 959 #

2011/0439(COD)

Proposal for a directive
Article 95
Article 95deleted
2012/09/03
Committee: IMCO
Amendment 195 #

2011/0438(COD)

Proposal for a directive
Recital 10 a (new)
(10a) The Directive should not apply to the work of public office-holders, who are required by law to be independent and impartial. They should be selected in a way which cannot be based on the rules governing the award of public contracts.
2012/07/12
Committee: IMCO
Amendment 198 #

2011/0438(COD)

Proposal for a directive
Recital 10
(10) The results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation16 demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. As a result, the full application of this directive is extended to a number of services (such as hotel and legal services, which both showed a particularly high percentage of cross- border trade).deleted
2012/07/12
Committee: IMCO
Amendment 205 #

2011/0438(COD)

Proposal for a directive
Recital 11
(11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 51 000 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. In particular, such procedures should be recognised as an alternative to public procurement law which complies with primary law where they are based on the principle that all service providers able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee17. Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
2012/07/12
Committee: IMCO
Amendment 218 #

2011/0438(COD)

Proposal for a directive
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
2012/07/12
Committee: IMCO
Amendment 239 #

2011/0438(COD)

Proposal for a directive
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of twofour years.
2012/07/12
Committee: IMCO
Amendment 262 #

2011/0438(COD)

Proposal for a directive
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into acchoose ‘the most economically advantageous tender’. In duly substantiated exceptional cases, in particular involving highly standardised products, count that in the latter caseracting authorities should be able to apply the lowest price or the lowest cost as the sole criterion, taking into account that they are free to set adequate quality standards by using technical specifications or contract performance conditions.
2012/07/12
Committee: IMCO
Amendment 326 #

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or no, provided that the works, suppliesy or services are intended for a public purpose directly benefits the contracting authority economically.
2012/07/12
Committee: IMCO
Amendment 332 #

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted
2012/07/12
Committee: IMCO
Amendment 388 #

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
2012/07/12
Committee: IMCO
Amendment 395 #

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 421 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services and the work of public office-holders, who are required by law to be independent and impartial, particularly notaries;
2012/07/12
Committee: IMCO
Amendment 427 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
(ca) the following legal services: (i) legal representation of a client in legal proceedings before the courts or administrative bodies by a lawyer as referred to in Article 1 of Directive 77/249/EEC; (ii) certification and authentication of documents by notaries; (iii) legal services provided by proxies or officially appointed guardians or other legal services for which Member States provide before their courts; (iv) other legal services associated with the performance of public administration duties in the Member States, even if only occasionally.
2012/07/12
Committee: IMCO
Amendment 442 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
2012/07/12
Committee: IMCO
Amendment 446 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
2012/07/12
Committee: IMCO
Amendment 447 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 a (new)
Only Articles 40, 41 and 48 of this Directive shall apply to public services contracts relating to the following: (a) supporting and auxiliary transport services; (b) legal advice; (c) building-cleaning services; (d) land transport, including cash transport and courier services; (e) investigation and security services.
2012/07/12
Committee: IMCO
Amendment 460 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
2012/07/12
Committee: IMCO
Amendment 477 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is nonly passive private participation, in.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 486 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/07/12
Committee: IMCO
Amendment 496 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or controlling entities, or to another legal person controlled by the same contracting authority, provided that there is nonly passive private participation in the legal person being awarded the public contract, i.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 503 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
2012/07/12
Committee: IMCO
Amendment 504 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities exercise jointly over the legal person a control which is similar to that which they exercise over theirpurpose of the legal person is the provision of a public-service task conferred own departmentall the public authorities;
2012/07/12
Committee: IMCO
Amendment 508 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/07/12
Committee: IMCO
Amendment 521 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is nonly passive private participation, in.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 526 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/07/12
Committee: IMCO
Amendment 541 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carpurpose of the partnership is the provision of a public service task in the public interest conferred on public authorities, or the carrying-out of ancillary purchasing activities within the meaning of Article 2(17), which is necessary ing out jointlyrder to perform their public service tasks and inv in the public interest. A poolving mutual rights and obligations of the parties; of tasks shall also be considered to exist where a municipality is merely obliged to make payment, provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively;
2012/07/12
Committee: IMCO
Amendment 550 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interesttask is carried out solely by the public authorities concerned without the involvement of active private capital;
2012/07/12
Committee: IMCO
Amendment 556 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point c
(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/07/12
Committee: IMCO
Amendment 563 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/07/12
Committee: IMCO
Amendment 568 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involvdeleted.
2012/07/12
Committee: IMCO
Amendment 573 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 5
5. The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the contract or of the conclusion of the agreement. The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures.deleted
2012/07/12
Committee: IMCO
Amendment 607 #

2011/0438(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
2012/07/12
Committee: IMCO
Amendment 621 #

2011/0438(COD)

Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
2012/07/12
Committee: IMCO
Amendment 657 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 670 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point e a (new)
(ea) where the specific procurement requirements of the contracting authority cannot be met without exclusive recourse to standardised solutions.
2012/07/12
Committee: IMCO
Amendment 675 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 686 #

2011/0438(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4021 days from the date on which the contract notice was sent. That period may be extended to 40 days in particular exceptional cases.
2012/07/12
Committee: IMCO
Amendment 691 #

2011/0438(COD)

Proposal for a directive
Article 25 – paragraph 2
2. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 20 days, provided that both of the following conditions are fulfilled: (a) the prior information notice has included all the information required for the contract notice in section I of part B of Annex VI, insofar as that information is available at the time the prior information notice is published; (b) it was sent for publication between 45 days and 12 months before the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 694 #

2011/0438(COD)

Proposal for a directive
Article 25 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 20 days from the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 696 #

2011/0438(COD)

Proposal for a directive
Article 25 – paragraph 4
4. The contracting authority may reduce by five days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with Article 19(3), (4) and (5).deleted
2012/07/12
Committee: IMCO
Amendment 699 #

2011/0438(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3021 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
2012/07/12
Committee: IMCO
Amendment 704 #

2011/0438(COD)

Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3521 days from the date on which the invitation to tender is sent.
2012/07/12
Committee: IMCO
Amendment 720 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the the minimum requirements.
2012/07/12
Committee: IMCO
Amendment 724 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The minimumA sufficient time limit for receipt of requests to participate shall be 30 daysset from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent; the minimum time limit for the receipt of tenders shall be 30 dayscalculated from the date on which the invitation is sent and shall be sufficiently long. Article 26 (3) to (6) shall apply.
2012/07/12
Committee: IMCO
Amendment 739 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b
(b) the part of the technical specifications which define the minimum requirements;deleted
2012/07/12
Committee: IMCO
Amendment 743 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the main award criteria.
2012/07/12
Committee: IMCO
Amendment 760 #

2011/0438(COD)

Proposal for a directive
Article 28 – paragraph 2
2. Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs and requirements in the notice and/or in a descriptive document. At the same time and in the same documents, they shall also set out and define the main chosen award criteria.
2012/07/12
Committee: IMCO
Amendment 793 #

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so requestaltered.
2012/07/12
Committee: IMCO
Amendment 803 #

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
i) the absence of competition for technical or legal reasons;
2012/07/12
Committee: IMCO
Amendment 806 #

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – paragraph 1
This exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;
2012/07/12
Committee: IMCO
Amendment 820 #

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 5 a (new)
5a. Contracting authorities may combine elements of the open procedure with the negotiated procedure.
2012/07/12
Committee: IMCO
Amendment 858 #

2011/0438(COD)

Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
CFor fully standardised supplies and services, contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/07/12
Committee: IMCO
Amendment 888 #

2011/0438(COD)

Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
2012/07/12
Committee: IMCO
Amendment 997 #

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonTo foster maximum competition, the contracting authority may award a contract in individual lots. Where, on a case-by-case basis, there are objective grounds for doing so, the contracting authority may opt not to split a contract into lots.
2012/07/12
Committee: IMCO
Amendment 1005 #

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 2
2. Contracting authorities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer, provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number.deleted
2012/07/12
Committee: IMCO
Amendment 1007 #

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/07/12
Committee: IMCO
Amendment 1015 #

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 4
4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted
2012/07/12
Committee: IMCO
Amendment 1024 #

2011/0438(COD)

Proposal for a directive
Article 51 – paragraph 1
1. Contracting authorities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 49 or the date on which the invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which this documentation is accessible. Contracting authorities may make access subject to prior submission by an applicant of his name, address, other details or appropriate documents enabling the applicant’s identity to be clearly established.
2012/07/12
Committee: IMCO
Amendment 1034 #

2011/0438(COD)

Proposal for a directive
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1052 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union and national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
2012/07/12
Committee: IMCO
Amendment 1101 #

2011/0438(COD)

Proposal for a directive
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
2012/07/12
Committee: IMCO
Amendment 1124 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:to the most economically advantageous tender.
2012/07/12
Committee: IMCO
Amendment 1129 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1137 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost.deleted
2012/07/12
Committee: IMCO
Amendment 1146 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1154 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject- matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other price or costs and other qualitative, environmental and social criteria linked to the subject-matter of the public contract in question, such as:
2012/07/12
Committee: IMCO
Amendment 1179 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;deleted
2012/07/12
Committee: IMCO
Amendment 1200 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility of effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.deleted
2012/07/12
Committee: IMCO
Amendment 1233 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1). A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.deleted
2012/07/12
Committee: IMCO
Amendment 1251 #

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders
2012/07/12
Committee: IMCO
Amendment 1267 #

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
2012/07/12
Committee: IMCO
Amendment 1306 #

2011/0438(COD)

Proposal for a directive
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
2012/07/12
Committee: IMCO
Amendment 1318 #

2011/0438(COD)

Proposal for a directive
Article 71
Article 71 Subcontracting 1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents. 3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.deleted
2012/07/12
Committee: IMCO
Amendment 1359 #

2011/0438(COD)

Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2 a (new)
Neither shall the first subparagraph apply in the event of a change of contracting authority before the end of the contract.
2012/07/12
Committee: IMCO
Amendment 1361 #

2011/0438(COD)

Proposal for a directive
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not in every case be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
2012/07/12
Committee: IMCO
Amendment 1401 #

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 1
1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.deleted
2012/07/12
Committee: IMCO
Amendment 1410 #

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms.
2012/07/12
Committee: IMCO
Amendment 1415 #

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.deleted
2012/07/12
Committee: IMCO
Amendment 1421 #

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
2012/07/12
Committee: IMCO
Amendment 1425 #

2011/0438(COD)

Proposal for a directive
Article 76
Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted
2012/07/12
Committee: IMCO
Amendment 1468 #

2011/0438(COD)

Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a singlen independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation.
2012/07/12
Committee: IMCO
Amendment 1524 #
2012/07/12
Committee: IMCO
Amendment 1573 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
2012/07/12
Committee: IMCO
Amendment 1591 #

2011/0438(COD)

Proposal for a directive
Annex 16 - column 2
Health, veterinary and social services Administrative educational, healthcare and cultural services Compulsory social security services Benefit services Other community, social and personal services Services furnished by trade unions Religious services Hotel and restaurant services Rail transport services Shipping Supporting and auxiliary transport services Personnel placement and supply services, apart from employment contracts Investigation and security services, except armoured car services Education and vocational education services Recreation, culture and sport, except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time Other services apart from employment contracts and contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time
2012/07/12
Committee: IMCO
Amendment 246 #

2011/0437(COD)

Proposal for a directive
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen.deleted
2012/10/23
Committee: IMCO
Amendment 250 #

2011/0437(COD)

Proposal for a directive
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. The award of works concessions is presently subject to basic rules of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
2012/10/23
Committee: IMCO
Amendment 261 #

2011/0437(COD)

Proposal for a directive
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concerned.deleted
2012/10/23
Committee: IMCO
Amendment 267 #

2011/0437(COD)

Proposal for a directive
Recital 5 a (new)
(5a) In keeping with the European Parliament resolutions of 14 January 2004, 10 March 2004 and 31 May 2006, the water sector should not be liberalised but should be modernised. It should therefore be excluded from the scope of this Directive.
2012/10/23
Committee: IMCO
Amendment 270 #

2011/0437(COD)

Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
2012/10/23
Committee: IMCO
Amendment 276 #

2011/0437(COD)

Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant, including penalties.
2012/10/23
Committee: IMCO
Amendment 277 #

2011/0437(COD)

Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. This also applies to agreements opening up general and non- discriminatory access to the market to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas. Town planning contracts are also not concessions.
2012/10/23
Committee: IMCO
Amendment 280 #

2011/0437(COD)

Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. Simple approvals or the right to use public goods or a public domain are not services concessions.
2012/10/23
Committee: IMCO
Amendment 285 #

2011/0437(COD)

Proposal for a directive
Recital 8
(8) Where sector specific regulation provides for a guarantee to the concessionaire on breaking even on investments and costs incurred for operating the contract, such contract should not qualify as a concession within the meaning of this Directive. A distinction should nevertheless be established with cases where the operating risk is limited from the outset. This does not prevent a concession from being accepted (see the case-law of the ECJ in case WAZV Gotha (C-206/08)).
2012/10/23
Committee: IMCO
Amendment 301 #

2011/0437(COD)

Proposal for a directive
Recital 11 a (new)
(11a) The entities covered by the Directive should not be identified on the basis of their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
2012/10/23
Committee: IMCO
Amendment 328 #

2011/0437(COD)

Proposal for a directive
Recital 20
(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted
2012/10/23
Committee: IMCO
Amendment 330 #

2011/0437(COD)

Proposal for a directive
Recital 20
(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted
2012/10/23
Committee: IMCO
Amendment 342 #

2011/0437(COD)

Proposal for a directive
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should bare given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to or concluding agreements with all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and complies with the principles of transparency and non- discrimination. .
2012/10/23
Committee: IMCO
Amendment 376 #

2011/0437(COD)

Proposal for a directive
Recital 39
(39) In order to ensure adequate judicial protection of candidates and tenderers in the concession award procedures, as well as to make effective the enforcement of the rules of this Directive and of the Treaty principles, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors13 should also apply to services concessions and to works concessions awarded by both contracting authorities and contracting entities. Directives 89/665/EEC and 92/13/EEC should, therefore, be amended accordingly.deleted
2012/10/23
Committee: IMCO
Amendment 390 #

2011/0437(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive shall not apply where a contracting authority performs its public interest tasks with its own resources or in cooperation with other contracting authorities.
2012/10/23
Committee: IMCO
Amendment 415 #

2011/0437(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment. Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law shall be authorised to provide the service are not services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
2012/10/23
Committee: IMCO
Amendment 418 #

2011/0437(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
(7a) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law, regardless of their legal form, shall be authorised to provide the service shall not be considered services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
2012/10/23
Committee: IMCO
Amendment 419 #

2011/0437(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
(7b) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; approvals or the simple approval for the use of a public good or public domain are not services concessions within the meaning of this Directive.
2012/10/23
Committee: IMCO
Amendment 437 #

2011/0437(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the operating risk. The concessionaire shall be deemed to assume the operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession. This shall also apply where the operating risk is limited from the outset.
2012/10/23
Committee: IMCO
Amendment 443 #

2011/0437(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 510 000 000:
2012/10/23
Committee: IMCO
Amendment 446 #

2011/0437(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
a) concessions concluded by contracting entities for the pursuit of one of the activities referred to in Annex III and relating to a network or geographically restricted area with at least 100 000 connected customers, or with at least 100 000 inhabitants;
2012/10/23
Committee: IMCO
Amendment 484 #

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning networks infrastructure related to the activities set out in Annex III, if (a) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been graor (b) the services concession relates to an activity which, when this Directive entedrs in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructureto force, is the subject of a nationally regulated tariff laid down in law or regulation, or (c) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published law, regulation or administrative provision, or in respect of services to which regulated to the activities set out in annex III, non- discriminatory access is available when this Directive enters into force.
2012/10/23
Committee: IMCO
Amendment 512 #

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF) as well as operations to raise money or capital for the contracting authority;
2012/10/23
Committee: IMCO
Amendment 520 #

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, disaster prevention, emergency response and rescue and everyday hazard prevention services.
2012/10/23
Committee: IMCO
Amendment 525 #

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) drinking water production, distribution and supply services, sewage treatment and disposal services and the construction, maintenance and operation of the infrastructure used for those purposes.
2012/10/23
Committee: IMCO
Amendment 529 #

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) electricity, gas and heat supply services and the construction, maintenance and operation of the infrastructure used for those purposes.
2012/10/23
Committee: IMCO
Amendment 544 #

2011/0437(COD)

Proposal for a directive
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in generalthat are the subject of service concessions for the preceding three years derives from the provision of services to undertakings with which it is affiliated;
2012/10/23
Committee: IMCO
Amendment 546 #

2011/0437(COD)

Proposal for a directive
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to works in generalthat are the subject of service concessions for the preceding three years derives from the provision of works to undertakings with which it is affiliated.
2012/10/23
Committee: IMCO
Amendment 547 #

2011/0437(COD)

Proposal for a directive
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affiliated.
2012/10/23
Committee: IMCO
Amendment 564 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) such an authority or entity exercises over the legal person concerned a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
2012/10/23
Committee: IMCO
Amendment 572 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 980% of the activities of that legal person that are the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity; activities carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity also include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit;
2012/10/23
Committee: IMCO
Amendment 577 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) ) at least 80% of the average total turnover of the legal person that is the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;
2012/10/23
Committee: IMCO
Amendment 578 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 587 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
A contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 593 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority or contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 awards a concession to its controlling entityunit(s), or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public concession.
2012/10/23
Committee: IMCO
Amendment 603 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
2012/10/23
Committee: IMCO
Amendment 612 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 9080 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity; activities carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit or is performed for other contracting authorities.
2012/10/23
Committee: IMCO
Amendment 616 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) at least 80 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/10/23
Committee: IMCO
Amendment 617 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 625 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4; (b) those contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4 are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/10/23
Committee: IMCO
Amendment 641 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligatis governed by considerations relating to the public interest; this principle shall also apply to ancillary services essential to the provisions of the partiservices in the public interest;
2012/10/23
Committee: IMCO
Amendment 642 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point a a (new)
(aa) the purpose of the partnership is the provision of a task in the public interest conferred on public authorities, or the performance of an ancillary purchasing activity within the meaning of Article 2(17) of the proposed Public Procurement Directive (COM(2011)896), which is necessary in order to perform the public service task in the public interest. A pooling of tasks shall also be considered to exist where a municipality is merely obliged to make payment, provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively;
2012/10/23
Committee: IMCO
Amendment 644 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest;deleted
2012/10/23
Committee: IMCO
Amendment 649 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point b a (new)
(ba) the task is carried out solely by the public authorities concerned without the involvement of active private capital;
2012/10/23
Committee: IMCO
Amendment 652 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point c
(c) the participating contracting authorities or entities shall do not perform on the open market more than 10% in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/10/23
Committee: IMCO
Amendment 659 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities or entities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/10/23
Committee: IMCO
Amendment 662 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involvdeleted.
2012/10/23
Committee: IMCO
Amendment 670 #

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement.deleted
2012/10/23
Committee: IMCO
Amendment 721 #

2011/0437(COD)

Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
1. Contracting authorities and contracting entities shall not establish specific conditions for participation of such groups in concession award procedures which are not imposed on individual candidates. In order to submit an application or a tender, these groups shall not be required by the contracting authorities or contracting entities to assume a specific legal form.deleted
2012/10/23
Committee: IMCO
Amendment 740 #

2011/0437(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – introductory part
By way of derogation from paragraph 1, the contracting authorities and entities shall not be required to publish a concession notice in any of the following cases:cases referred to in Article 30 of the Public Procurement Directive [replacing Directive 2004/18/EC].
2012/10/23
Committee: IMCO
Amendment 741 #

2011/0437(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point a
(a) where no tenders or no suitabdele tenders or no applications have been submitted in response to a concession procedure, provided that the initial conditions of the concession contract are not substantially altered and on condition that a report is sent to the Commission or to the national oversight body designated pursuant to Article 84 of Directive [replacing Directive 2004/18/EC] where they so request;d
2012/10/23
Committee: IMCO
Amendment 743 #

2011/0437(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point b
(b) where the works or services can be supplied only by a particular economic operator due to the absence of competition for technical reasons, the protection of patents, copyrights or other intellectual property rights or he protection of other exclusive rights and where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the concession award;deleted
2012/10/23
Committee: IMCO
Amendment 746 #

2011/0437(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c
(c) for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities or contracting entities awarded an original concession subject to the obligation referred to in paragraph 1, provided that such works or services are in conformity with a basic project for which the original concession was awarded. The basic project shall mention the extent of possible additional works or services and the conditions under which they will be awarded.deleted
2012/10/23
Committee: IMCO
Amendment 885 #

2011/0437(COD)

Proposal for a directive
Article 41
Article 41 Subcontracting 1. In the concession documents, the contracting authority or contracting entity may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Paragraph 1 shall be without prejudice to the question of the principal economic operator’s liability.deleted
2012/10/23
Committee: IMCO
Amendment 894 #

2011/0437(COD)

Proposal for a directive
Article 42
Article 42 [...]deleted
2012/10/23
Committee: IMCO
Amendment 928 #

2011/0437(COD)

Proposal for a directive
Article 44
Article 44 [...]deleted
2012/10/23
Committee: IMCO
Amendment 932 #

2011/0437(COD)

Proposal for a directive
Article 45
Article 45 [...]deleted
2012/10/23
Committee: IMCO
Amendment 942 #

2011/0437(COD)

Proposal for a directive
Annex 3 – paragraphs 2, 3 and 4
2. As far as gas and heat are concerned: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; (b) the supply of gas or heat to such networks. The supply of gas or heat to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: (c) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in this paragraph or in paragraphs 2 to 4 of this Annex; (d) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover on the basis of the average for the preceding three years, including the current year. 3. As far as electricity is concerned: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; (b) the supply of electricity to such networks. For the purposes of this Directive, supply of electricity includes generation (production) and wholesale of electricity. The supply of electricity to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in this paragraph or in paragraphs 1, 3 and 4 of this Annex b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, on the basis of the average for the preceding three years, including the current year. 4. As far as water is concerned: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; (b) the supply of drinking water to such networks. This Directive shall also apply to concessions awarded or organised by entities which pursue an activity referred to above and which are connected with one of the following: (c) hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, or (d) the disposal or treatment of sewage. The supply of drinking water to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 1 and paragraph 2 of Article 4 shall not be considered a relevant activity within the meaning of subparagraph 1 where all of the following conditions are met: (e) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 to 4 of this Annex; (f) the supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, on the basis of the average for the preceding three years, including the current year.deleted
2012/10/23
Committee: IMCO
Amendment 955 #

2011/0437(COD)

Proposal for a directive
Annex 4 – point 2
2. Type of contracting authority or contracting entity and main activity exercisdeleted.
2012/10/23
Committee: IMCO
Amendment 962 #

2011/0437(COD)

Proposal for a directive
Annex 4 – point 19
19. Information whether the concession is related to a project and /or programme financed by European Union funds.deleted
2012/10/23
Committee: IMCO
Amendment 118 #

2011/0435(COD)

Proposal for a directive
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
2012/10/17
Committee: IMCO
Amendment 152 #

2011/0435(COD)

Proposal for a directive
Recital 21
(21) Directive 2005/36/EC provides for a system of national contact points. Due to the entry into force of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market24, and the establishment of points of single contact under that Directive, there is a risk of overlap. Therefore, the national contact points established by Directive 2005/36/EC, for example, should become assistance centres which should focus their activities on providing advice to citizens, including face to face advice, in order to ensure that daily application of internal market rules in individual cases of citizens is followed up at national level.
2012/10/17
Committee: IMCO
Amendment 160 #

2011/0435(COD)

Proposal for a directive
Recital 23
(23) One of the major difficulties a citizen who is interested to work in another Member State is facing, is complexity and uncertainty of administrative procedures to comply with. Directive 2006/123/EC already obliges Member States to provide easy access to information and procedure completion through the points of single contact. Citizens seeking recognition of their qualifications under Directive 2005/36/EC can already use the points of single contact if they are covered by Directive 2006/123/EC. However, job seekers and health professionals are not covered by Directive 2006/123/EC and available information remains scarce. There is therefore a need to specify that information, from a user perspective, and to ensure that such information is easily available. It is also important that Member States not only take responsibility at national level but also cooperate with each other and the Commission to ensure that professionals throughout the Union have an easy access to a user-friendly and multilingual information and to procedure completionthe easiest possible procedure completion – e.g. within the scope of Directive 2005/36/EC – through the points of single contact. Links should be made available through other websites, such as the Your Europe portal.
2012/10/17
Committee: IMCO
Amendment 289 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4 d – paragraph 2
2. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card within a period of five days. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one monthfive weeks as from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one month.
2012/10/17
Committee: IMCO
Amendment 296 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two months eight weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two months.
2012/10/17
Committee: IMCO
Amendment 308 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
5. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date offollowing receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State. Where the host state requests additional information, this shall suspend the time limit for no more than four weeks.
2012/10/17
Committee: IMCO
Amendment 311 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
2005/36/EG
Article 4d – paragraph 5 (new)
5 a. The provisions of the first sentence of Article 4d(5) shall not apply to professions with patient safety implications.
2012/10/17
Committee: IMCO
Amendment 360 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 2
2. Partial access shall not be granted to healthcare professions with patient safety implications. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
2012/10/17
Committee: IMCO
Amendment 410 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2005/36/EC
Article 11 – Letter c
(b) In point (c), point (ii) is replaced by the following: (ii) regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level b, equivalent to the level of training provided for under point (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided the diploma is accompanied by a certificate from the home Member State;deleted
2012/10/17
Committee: IMCO
Amendment 415 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d
Directive 2005/36/EC
Article 11 – paragraph 2
(d) The second paragraph is deleted.
2012/10/17
Committee: IMCO
Amendment 416 #

2011/0435(COD)

Proposal for a directive
Article 11 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a in order to revise the list contained in Annex II to take account of forms of training which meet the requirements laid down in paragraph 1(c)(ii).
2012/10/17
Committee: IMCO
Amendment 421 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 3
3. In case of an attestation of competence or evidence of formal qualifications referred to in paragraphs 1 and 2 or a certificate certifying regulated education and training or a vocational training with special structure equivalent to the level provided for in Article 11(c)(i), the host Member State shall accept the level attested or certified by the home Member State.
2012/10/17
Committee: IMCO
Amendment 425 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
4. By derogation to paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to and pursuit of the profession to holders of an attestation of competence in accordance with Article 11(a) where the national qualification required to exercise the profession on its territory is classified under points (c), (d) or (e) of Article 11.
2012/10/17
Committee: IMCO
Amendment 471 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 120 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.".
2012/10/17
Committee: IMCO
Amendment 673 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 1
1. Member States shall ensure that the following information is available online and regularly updated through the competent authorities or points of single contact:
2012/10/23
Committee: IMCO
Amendment 678 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 3
3. Member States shall ensure that requests for information addressed to the points of single contact and the competent authorities arespond dealt with as quickly as possible to any request for information addressed to the point of single contact. To this end, they may also refer such request for information to the assistance centers mentioned in Article 57b and inform the citizen concerned.
2012/10/23
Committee: IMCO
Amendment 682 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 4
4. Member States and the Commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 is made available in other official languages of the Union. This shall not affect the legislation of Member States on the use of languages in their territory.
2012/10/23
Committee: IMCO
Amendment 685 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 1
1. Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, at a distance and by electronic means, through the relevant point of single contact, if they fall within the scope of Directive 2005/36/EC.
2012/10/23
Committee: IMCO
Amendment 689 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
4. All relevant procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an application has been submitted by a citizen to a point of single contact.
2012/10/23
Committee: IMCO
Amendment 53 #

2011/0398(COD)

Proposal for a regulation
Recital 2
(2) Sustainable development of air transport necessitates the introduction of measures aimed at reducing the noise nuisance from aircraft at airports with particular noise problems. A large number of EU citizens are exposed to high noise levels which may lead to negative health effects.
2012/09/28
Committee: TRAN
Amendment 58 #

2011/0398(COD)

Proposal for a regulation
Recital 8
(8) While a cost-benefit analysis provides an indication of the total economic welfare effectsnoise abatement objective should be chosen by comparing all costs and all benefits, a cost-effectiveness assessment focuses on achieving a given objective in the mostthe tool to reach this objective should be cost-effective way, requiring a comparison of only the costs.
2012/09/28
Committee: TRAN
Amendment 63 #

2011/0398(COD)

Proposal for a regulation
Recital 9
(9) Suspension of noise mitigating measures is important to avoid unwanted consequences on aviation safety, airport capacity and competition. Whilst an appeal procedure against noise-related operating restrictions may relate to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend their implementation. Therefore, the Commission should well before implementation of the measures be able to use the right of scrutiny and to suspend measures deemed to produce unwanted or irreversible consequences. It is recognised that the suspension should be for a limited periodThe Commission should be able to evaluate proposed operating restrictions before their implementation.
2012/09/28
Committee: TRAN
Amendment 68 #

2011/0398(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) The use of approved noise abatement operational procedures must ensure that the necessary safety of flight is maintained by considering all factors that might affect a particular operation. Noise abatement operational measures must not preclude or prohibit anti- terrorist security measures.
2012/09/28
Committee: TRAN
Amendment 74 #

2011/0398(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) In order to ensure legal certainty and planning reliability, operating restrictions and decisions on the operation of airports, including court decisions and the outcome of mediation processes which were already introduced or under examination before the entry into force of this Regulation should not be subject to this Regulation but should be treated under existing rules.
2012/09/28
Committee: TRAN
Amendment 75 #

2011/0398(COD)

Proposal for a regulation
Recital 14
(14) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.16deleted
2012/09/28
Committee: TRAN
Amendment 76 #

2011/0398(COD)

Proposal for a regulation
Recital 15
(15) The advisory procedure should be used for the adoption of implementing decisions with respect to whether the Member States that are planning to introduce operating restrictions may proceed with their introduction in the event that the Commission has suspended the operating restrictions given that those decisions are only of a limited scope.deleted
2012/09/28
Committee: TRAN
Amendment 84 #

2011/0398(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules on the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis and where a noise problem has been identified so as to help improve the noise climate and to limit or reduce the number of people significantly affected by the harmful effects ofaffected by aircraft noise, in accordance with the Balanced Approach.
2012/09/28
Committee: TRAN
Amendment 86 #

2011/0398(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) to facilitate the achievement of specific environmental noise abatement objectives, as laid down in Union, national and local rules, and to assess their interdependence with other environmental objectives, including health aspects, at the level of individual airports;
2012/09/28
Committee: TRAN
Amendment 88 #

2011/0398(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) to enable selection of the most cost- effective noise mitigation measures in accordance with the Balanced Approach so as to achieve the sustainable and responsible development of the airport and air traffic management network capacity from a gate-to-gate perspective.
2012/09/28
Committee: TRAN
Amendment 91 #

2011/0398(COD)

Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 1
This Regulation shall apply to aircraft flights engaged in civil aviation.
2012/09/28
Committee: TRAN
Amendment 94 #

2011/0398(COD)

Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 2
It shall not apply to aircraft flights engaged in military, customs, police, or similar services.
2012/09/28
Committee: TRAN
Amendment 102 #

2011/0398(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) 'Balanced Approach' means the methodprocess established by the International Civil Aviation Organisation (ICAO) under which the range of available measures, namely reduction of aircraft noise at source, land-use planning and management, noise abatement operational procedures and operating restrictions, is considered in a consistent way with the view to addresminimising the noise problem in the most cost-effective way on an airport by airport basis.
2012/09/28
Committee: TRAN
Amendment 106 #

2011/0398(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) 'Marginally compliant aircraft' means civil aircraft that meet is certified in accordance withe Chapter 3 certification limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation (Chicago Convention) by a cumulative margin of less than 108 EPNdB (Effective Perceived Noise in dDecibels), whereby t during a transitional period of four years after the entry into force of this Regulation, and by a cumulative margin of less than 10 EPNdB following the end of that transitional period. The cumulative margin is the figure expressed in EPNdB obtained by adding the individual margins (i.e. the differences between the certificated noise level and the maximum permitted noise level) at each of the three reference noise measurement points as defined in Volume 1, Part II, Chapter 43 of Annex 16 to the Chicago Convention;
2012/09/28
Committee: TRAN
Amendment 111 #

2011/0398(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Operating restrictions’ means a noise- related action that limits the access to or reduces the optimal capacity use of an airport, including operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as operating restrictions of a partial nature, affecting thwhich for example apply for an identified time operationd of civil aircraft according to time periodnly for certain runways at the airport.
2012/09/28
Committee: TRAN
Amendment 118 #

2011/0398(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Member States in which an airport is located shall designate competent authorities responsible for adopting measures onfollowing the process when adopting operating restrictions, as well as an independent appeal body in accordance with national laws and practices.
2012/09/28
Committee: TRAN
Amendment 120 #

2011/0398(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The competent authorities and the appeal body shall be independent of any organisation which could be affected by noise-related action.deleted
2012/09/28
Committee: TRAN
Amendment 126 #

2011/0398(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The Member States shall notify the Commission of the names and addresses of the designated competent authorities and appeal body referred to in paragraph 1. The Commission shall publish this information.
2012/09/28
Committee: TRAN
Amendment 130 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Member States shall adopt aimplement the Balanced Approach in regard to aircraft noise management. To this en, on an airport-by- airport basis, within the scope of this Regulation. To this end, they shall assess the noise situation at an individual airport in accordance with Annex II of Directive 2002/49. Where a noise problem is identified, they shall:
2012/09/28
Committee: TRAN
Amendment 132 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) assess the noise situation at an individual airport;deleted
2012/09/28
Committee: TRAN
Amendment 140 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) evaluatecarry out a formal and comprehensive assessment of the likely cost-effectiveness of the available measures;
2012/09/28
Committee: TRAN
Amendment 168 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resortif necessary, operating restrictions.
2012/09/28
Committee: TRAN
Amendment 172 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
The available measures may include the withdrawal of marginally compliant aircraft, if so deemed necessary. Member States may offer economic incentives to encourage aircraft operators to use less noisy aircraft during the transitional period referred to in Article 2(4).
2012/09/28
Committee: TRAN
Amendment 179 #

2011/0398(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States may, within the Balanced Approach, differentiate noise mitigating measures according to aircraft type, runway use, flight path and/or timeframe covered.
2012/09/28
Committee: TRAN
Amendment 206 #

2011/0398(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The competent authorities shall ensure that, at the appropriate level, a forum for technical cooperation is established between the airport operator, aircraft operator and air navigation service provider, for actions which these operators are responsible for, and taking due account of the interdependency between measures to mitigate noise and to reduce emissions. The members of this forum for technical cooperation shall regularly consultengage with local residents or their representatives, and provide technical information and advice on noise mitigating measures to the competent authorities. The competent authorities may decide not to assess new measures against Annex I and Annex II, if they are in line with the recommendations of the technical forum.
2012/09/28
Committee: TRAN
Amendment 218 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
At the request of the Commission and if the European Aviation Safety Agency does not already dispose of the information requested, aircraft operators shall communicate the following noise information in respect of their aircraft that use Union airports:
2012/09/28
Committee: TRAN
Amendment 223 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) the noise performance certificate or certificates of the aircraft used, together with the associated actual maximum take- off weight;
2012/09/28
Committee: TRAN
Amendment 228 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) any modification of the aircraft which influences its noise performance and is recorded in its noise certificate;
2012/09/28
Committee: TRAN
Amendment 232 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) aircraft noise and performance information of the aircraft for noise modelling purposes.deleted
2012/09/28
Committee: TRAN
Amendment 236 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
For each flight making use of a Union airport, aircraft operators shall communicate the noise performance certificate used and the tail number.deleted
2012/09/28
Committee: TRAN
Amendment 239 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
The data shall be provided free of charge, in electronic form and using the format specified, where applicable. The Commission shall bear the costs for providing these data.
2012/09/28
Committee: TRAN
Amendment 243 #

2011/0398(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Agency shall verify the aircraft noise and performance data for modelling purposes in accordance with Article 6 (1) of Regulation (EC) No 216/2008 of the European Parliament and the CouncilModelling of airport community noise shall be based on manufacturer provided aircraft noise and performance data recommended for use by the international community and made available through ICAO. The Agency shall verify the aircraft noise and performance data for modelling purposes in accordance with Article 6 (1) of Regulation (EC) No 216/2008 of the European Parliament and the Council. The Agency shall refer to the established ICAO Committee on Aviation Environmental Protection Modelling and Databases Group's process to determine data validity and best practices and ensure continued harmonization across international airworthiness agencies.
2012/09/28
Committee: TRAN
Amendment 248 #

2011/0398(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Following the assessment carried out in accordance with Article 5, the notification of the decision shall be accompanied by a written report explaining the reasons for introducing the operating restriction, the environnoise abatemental objective established for the airport, the measures that were considered to meet that objective, and the evaluation of the likely cost-effectiveness of the various measures considered, including, where relevant, their cross- border impact.
2012/09/28
Committee: TRAN
Amendment 250 #

2011/0398(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Where the operating restriction concerns the withdrawal of marginally compliant aircraft from an airport, no new services shall be allowed with marginally compliant aircraft at that airport six months after the notification. The competent authorities shall decide on the annual rate for removing marginally compliant aircraft from the fleet of affected operators at that airport, taking due account of the age of the aircraft and the composition of the total fleet. Without prejudice to paragraph 3 of Article 4, this rate shall not be more than 20% of that operator's fleet of, ending at least two months prior to the determination of the slot coordination parameters as per paragraph 1. The competent authorities shall decide on the annual rate for removing marginally compliant aircraft. This annual rate shall not be more than 25% of the movements and shall be applied uniformly to each affected operator in reference to its number of movements with marginally compliant aircraft servingat that airport.
2012/09/28
Committee: TRAN
Amendment 257 #

2011/0398(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b a (new)
(ba) aircraft on flights operated for humanitarian purposes.
2012/09/28
Committee: TRAN
Amendment 268 #

2011/0398(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. At the request of a Member State or on its own initiative, and without prejudice to a pending appeal procedure, the Commission may scrutinise the decision on an operating restriction, prior to its implementation. Where the Commission finds that the decision does not respect the requirements set out in this Regulation, or is otherwise contrary to Union law, it may suspendwithin a period of two months after the day on which it receives notice, as referred to in Article 7(1), evaluate the process for the introduction of a noise-related operating restriction. Where the Commission finds that the introduction of a noise-related operating restriction does not follow the process set out in this Regulation, the Commission may notify the relevant competent authorities accordingly. The relevant competent authorities may take the decCommission's opinion into account.
2012/09/28
Committee: TRAN
Amendment 269 #

2011/0398(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. The Commission shall decide in accordance with the advisory procedure laid down in Article 13(2), in particular taking into account the criteria in Annex II, whether the competent authority concerned may proceed with the introduction of the operating restriction. The Commission shall communicate its decision to the Council and the Member State concerned.deleted
2012/09/28
Committee: TRAN
Amendment 270 #

2011/0398(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Where the Commission has not adopted a decisnotified its opinion within a period of sixtwo months after it has received the informationnotice, as referred to in paragraph 2Article 7(1), the competent authority may apply the envisaged decision on an operating restriction.
2012/09/28
Committee: TRAN
Amendment 271 #

2011/0398(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) amendments of the definitions of aircraft in Article 2 point (3) and of marginally compliant aircraft in Article 2 point (4);deleted
2012/09/28
Committee: TRAN
Amendment 273 #

2011/0398(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) amendments and updates of the noise certification standards provided for in Articles 4 and 8; and of the certification procedure provided for in Article 6(1).deleted
2012/09/28
Committee: TRAN
Amendment 275 #

2011/0398(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The delegation of power referred to in Article 11 shall be conferred for an indeterminateon the Commission for a period of timefive years from the date of entry into force of this Regulation.
2012/09/28
Committee: TRAN
Amendment 276 #

2011/0398(COD)

Proposal for a regulation
Article 13
Article 13 Committee 1. The Commission shall be assisted by the committee instituted by Article 25 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council.22 This committee is a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.deleted
2012/09/28
Committee: TRAN
Amendment 278 #

2011/0398(COD)

Proposal for a regulation
Article 14 a (new)
Article 14 a Transitional provisions Operating restrictions and decisions on the operation of airports, including court decisions and the outcome of mediation processes which were introduced or under examination before the entry into force of this Regulation shall not be subject to this Regulation. They shall, to the extent that Directive 2002/30/EC is applicable, continue to be subject to that Directive and, where applicable, the national rules transposing it. The effects of Directive 2002/30/EC shall therefore be maintained for such measures. A minor technical amendment to the existing measure without substantive implications on capacity or operations shall not be considered as a new operating restriction.
2012/09/28
Committee: TRAN
Amendment 283 #

2011/0398(COD)

Proposal for a regulation
Annex 1 – section 1 – point 1
1. Competent authorities will use noise assessment methods which have been developed in accordance with the ECAC Report Doc 29 ‘Report on Standard Method of Computing Noise Contours around Civil Airports’, 3rd EditionAnnex II of Directive 2002/49.
2012/09/28
Committee: TRAN
Amendment 286 #

2011/0398(COD)

Proposal for a regulation
Annex 1 – section 3 – point 1 – point 1.2
1.2 A description of the environmental sustainabilitynoise abatement objectives for the airport and the national context. This will include a description of the aircraft noise objectives for the airport.
2012/09/28
Committee: TRAN
Amendment 287 #

2011/0398(COD)

Proposal for a regulation
Annex 1 – section 3 – point 1 – point 1.4 – point 1.4.4 – indent 4 a (new)
- Use of flexible transitions from operating restrictions for reasons of proportionality, e.g. delayed take-offs or early arrivals.
2012/09/28
Committee: TRAN
Amendment 294 #

2011/0398(COD)

Proposal for a regulation
Annex 1 – section 3 – point 2 – point 2.4
2.4 Forecast noise contours – including an assessment of the number of people likely to be affected by aircraft noise – distinguish between established residential areas and newly constructplanned residential areas.
2012/09/28
Committee: TRAN
Amendment 300 #

2011/0398(COD)

Proposal for a regulation
Annex 2 – heading 1
Assessment of the cost-effectiveness of noise-related operating restrictionsnoise mitigating measures in the context of the Balanced Approach
2012/09/28
Committee: TRAN
Amendment 305 #

2011/0398(COD)

Proposal for a regulation
Annex 2 – paragraph 1 – introductory part
The cost-effectiveness of envisaged noise- related operating restriction mitigating measures will be assessed taking due account of following elements, to the extent possible, in quantifiable terms:
2012/09/28
Committee: TRAN
Amendment 319 #

2011/0398(COD)

Proposal for a regulation
Annex 2 – paragraph 2 – point 1
1) Health and safety of local residents living in the surroundings of the airport;deleted
2012/09/28
Committee: TRAN
Amendment 323 #

2011/0398(COD)

Proposal for a regulation
Annex 2 – paragraph 2 – point 3
3) Direct, indirect and catalytic employment effects and economic effects, including potential effects on regional economies.
2012/09/28
Committee: TRAN
Amendment 343 #

2011/0284(COD)

Proposal for a regulation
Recital 8
(8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
2013/04/25
Committee: IMCO
Amendment 346 #

2011/0284(COD)

Proposal for a regulation
Recital 9
(9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
2013/04/25
Committee: IMCO
Amendment 349 #

2011/0284(COD)

Proposal for a regulation
Recital 13
(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross- border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.
2013/04/25
Committee: IMCO
Amendment 350 #

2011/0284(COD)

Proposal for a regulation
Recital 16
(16) TIn the field of distance selling the Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross- border trade, especially in e- commerce.
2013/04/25
Committee: IMCO
Amendment 354 #

2011/0284(COD)

Proposal for a regulation
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consentDoes not apply to English text. Linguistic correction to German original. See Ams. 333 and 335 in AM/928470.
2013/04/25
Committee: IMCO
Amendment 355 #

2011/0284(COD)

Proposal for a regulation
Recital 26
(26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non- performance, the Common European Sales Law should therefore govern pre- contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.
2013/04/25
Committee: IMCO
Amendment 356 #

2011/0284(COD)

Proposal for a regulation
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope of the regulation beyond the sphere of distance selling and in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.
2013/04/25
Committee: IMCO
Amendment 360 #

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
2013/04/25
Committee: IMCO
Amendment 364 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in caswhere the trader is a legal person, a natural person representing the trader, and the consumer or the other trader or, where the trader is a legal person, the natural person representing the trader, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
2013/04/25
Committee: IMCO
Amendment 365 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q
(q) ‘off-premises contract’ means any contract between a trader and a consumer: (i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or (ii) concluded on the trader's business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted
2013/04/25
Committee: IMCO
Amendment 369 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point r
(r) ‘business premises’ means: (i) any immovable retail premises where a trader carries out activity on a permanent basis, or (ii) any movable retail premises where a trader carries out activity on a usual basis;deleted
2013/04/25
Committee: IMCO
Amendment 370 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point u
(u) 'public auction' means a method of sale where goods or, digital content or services are offered by the trader to the consumer who attends or is given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or, digital content or services;
2013/04/25
Committee: IMCO
Amendment 371 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
(ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
2013/04/25
Committee: IMCO
Amendment 377 #

2011/0284(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
The Common European Sales Law may be used for: the following distance contracts, including online contracts:
2013/04/25
Committee: IMCO
Amendment 381 #

2011/0284(COD)

Proposal for a regulation
Article 9 – title
Standard Information Notice in contracts between a trader and a consumerDoes not apply to English text. See Amendment 354 above.
2013/04/25
Committee: IMCO
Amendment 383 #

2011/0284(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
2013/04/25
Committee: IMCO
Amendment 387 #

2011/0284(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to business- to-business contracts, market and technological developments and in respect of digital content and future developments of the Union acquis.
2013/04/25
Committee: IMCO
Amendment 391 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – title
Duty to provide information when concluding a distance or off-premises contract
2013/04/25
Committee: IMCO
Amendment 392 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 1
1. A trader concluding a distance contract or off-premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
2013/04/25
Committee: IMCO
Amendment 394 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 3
3. For a distance contract, tThe information required by this Article must:
2013/04/25
Committee: IMCO
Amendment 395 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 4
4. For an off-premises contract, the information required by this Article must: (a) be given on paper or, if the consumer agrees, on another durable medium; and (b) be legible and in plain, intelligible language.deleted
2013/04/25
Committee: IMCO
Amendment 396 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point b
(b) concluded by means of an automatic vending machine or automated commercial premises;deleted
2013/04/25
Committee: IMCO
Amendment 397 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c
(c) an off-premises contract if the price or, where multiple contracts were concluded at the same time, the total price of the contracts does not exceed EUR 50 or the equivalent sum in the currency agreed for the contract price.deleted
2013/04/25
Committee: IMCO
Amendment 398 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c a (new)
(ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
2013/04/25
Committee: IMCO
Amendment 400 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 17 – title
Information about rights of withdrawal when concluding a distance or off- premises contract
2013/04/25
Committee: IMCO
Amendment 401 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawalonly if the goods by their nature cannot be normally returned by post.
2013/04/25
Committee: IMCO
Amendment 402 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 18
Off-premises contracts: additional information requirements and confirmation 1. The trader must provide the consumer with a copy of the signed contract or the confirmation of the contract, including where applicable, the confirmation of the consumer's consent and acknowledgment as provided for in point (d) of Article 40(3) on paper or, if the consumer agrees, on a different durable medium. 2. Where the consumer wants the provision of related services to begin during the withdrawal period provided for in Article 42(2), the trader must require that the consumer makes an express request to that effect on a durable medium.deleted
2013/04/25
Committee: IMCO
Amendment 403 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – title
Distance contracts: aAdditional information and other requirements
2013/04/25
Committee: IMCO
Amendment 404 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 1
1. When a trader makes a telephone call to a consumer, with a view to concluding a distance contract, the trader must, at the beginning of the conversation with the consumer, disclose its identity and, where applicable, the identity of the person on whose behalf it is making the call and the commercial purpose of the call.
2013/04/25
Committee: IMCO
Amendment 405 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 2
2. If the distance contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader must provide at least the information referred to in paragraph 3 of this Article on that particular means prior to the conclusion of such a contract. The other information referred to in Article 13 shall be provided by the trader to the consumer in an appropriate way in accordance with Article 13(3).
2013/04/25
Committee: IMCO
Amendment 406 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 4
4. A distance contract concluded by telephone is valid only if the consumer has signed the offer or has sent his written consent indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
2013/04/25
Committee: IMCO
Amendment 407 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 5
5. The trader must give the consumer a confirmation of the contract concluded, including where applicable, of the consent and acknowledgement of the consumer referred to in point (d) of Article 40(3), and all the information referred to in Article 13 on a durable medium. The trader must give that information in reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the supply of digital content or the provision of the related service begins, unless the information has already been given to the consumer prior to the conclusion of the distance contract on a durable medium.
2013/04/25
Committee: IMCO
Amendment 408 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 20
Duty to provide information when concluding contracts other than distance and off-premises contracts 1. In contracts other than distance and off-premises contracts, a trader has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer, if that information is not already apparent from the context: (a) the main characteristics of the goods, digital content or related services to be supplied, to an extent appropriate to the medium of communication and to the goods, digital content or related services; (b) the total price and additional charges and costs, in accordance with Article 14(1); (c) the identity of the trader, such as the trader's trading name, the geographical address at which it is established and its telephone number; (d) the contract terms in accordance with points (a) and (b) of Article 16; (e) where applicable, the existence and the conditions of the trader's after-sale services, commercial guarantees and complaints handling policy; (f) where applicable, the functionality, including applicable technical protection measures of digital content; and (g) where applicable, any relevant interoperability of digital content with hardware and software which the trader is aware of or can be expected to have been aware of. 2. This Article does not apply where the contract involves a day-to-day transaction and is performed immediately at the time of its conclusion.deleted
2013/04/25
Committee: IMCO
Amendment 409 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 24 – title
Additional duties to provide information in distance contracts concluded by electronic means
2013/04/25
Committee: IMCO
Amendment 410 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 25 – title
Additional requirements in distance contracts concluded by electronic means
2013/04/25
Committee: IMCO
Amendment 411 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.
2013/04/25
Committee: IMCO
Amendment 415 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Chapter 4
Right to withdraw in distance and off- premises contracts between traders and consumers
2013/04/25
Committee: IMCO
Amendment 416 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1
1. During the period provided for in Article 42, the consumer has a right to withdraw from the contract without giving any reason, and at no cost to the consumer except as provided in Article 45, from:.
2013/04/25
Committee: IMCO
Amendment 417 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point a
(a) a distance contract;deleted
2013/04/25
Committee: IMCO
Amendment 418 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point b
(b) an off-premises contract, provided that the price or, where multiple contracts were concluded at the same time, the total price of the contracts exceeds EUR 50 or the equivalent sum in the currency agreed for the contract price at the time of the conclusion of the contract.deleted
2013/04/25
Committee: IMCO
Amendment 419 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 2 – point a
(a) a contract concluded by means of an automatic vending machine or automated commercial premises;deleted
2013/04/25
Committee: IMCO
Amendment 422 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
(e) the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. Where on the occasion of such a visit the trader provides related services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal applies to those additional related services or goods.deleted
2013/04/25
Committee: IMCO
Amendment 425 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
4. In the case of an off-premises contract where the goods have been delivered to the consumer’s home at the time of the conclusion of the contract, the trader must collect the goods at its own cost if the goods by their nature cannot be normally returned by post.deleted
2013/04/25
Committee: IMCO
Amendment 427 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point a – point ii
(ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 18(2) and Article 19(6);
2013/04/25
Committee: IMCO
Amendment 428 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point b – point iii
(iii) the trader has failed to provide the confirmation in accordance with Article 18(1) and Article 19(5).
2013/04/25
Committee: IMCO
Amendment 429 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
2013/04/25
Committee: IMCO
Amendment 441 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated at any time by either party by giving a reasonable period of notice not exceeding twohree months.
2013/04/25
Committee: IMCO
Amendment 450 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 93 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract;
2013/04/25
Committee: IMCO
Amendment 451 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 94 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer;
2013/04/25
Committee: IMCO
Amendment 492 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply where the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.deleted
2013/04/25
Committee: IMCO
Amendment 514 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated to a maximum of approximately ___ EUR [insert the amount]"; or
2013/04/25
Committee: IMCO
Amendment 515 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
– If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: "We will collect the goods at our own expense."deleted
2013/04/25
Committee: IMCO
Amendment 516 #

2011/0284(COD)

Proposal for a regulation
Annex 2 – paragraph 5
The trader has to give you the important informatinform you in detail about the key provisions onf the contract agreed with you, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
2013/04/25
Committee: IMCO
Amendment 517 #

2011/0284(COD)

Proposal for a regulation
Annex 2 – paragraph 7
In most cases yYou have 14 days to withdraw from the purchase if you bought the goods outside the trader's shop or if you have not met the trader up to the time of the purchase (for instance if you bought online or by telephone). The trader must provide you with information and a Model withdrawal form. If the trader has not done so, you can cancel the contract within one year.
2013/04/25
Committee: IMCO