Activities of Preslav BORISSOV
Plenary speeches (5)
Implementation of Unfair Commercial Practices Directive (short presentation)
CARS 2020: towards a strong, competitive and sustainable European car industry (short presentation)
Manufacture, presentation and sale of tobacco and related products (debate)
Fuel quality directive and renewable energy directive (debate)
Rule of law and freedom in Bulgaria (debate)
Shadow reports (2)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, as regards the collection of data on goods, passengers and accidents PDF (212 KB) DOC (316 KB)
REPORT on the implementation of the Unfair Commercial Practices Directive 2005/29/EC PDF (178 KB) DOC (94 KB)
Shadow opinions (3)
OPINION on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features
OPINION on CARS 2020: towards a strong, competitive and sustainable European car industry
OPINION on the proposal for a directive of the European Parliament and of the Council 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
Amendments (159)
Amendment 15 #
2013/2116(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to ensure proper application of the Unfair Commercial Practices Directive regarding especially misleading "hidden" internet advertising in the form of comments posted on social networks, forums or blogs, apparently emanating from consumers themselves while they are in reality messages of a commercial or advertising nature directly or indirectly generated or financed by economic operators; insists on the damaging effect of such practices on consumer confidence and competition rules; calls on the Member States to take appropriate measures to further prevent the development of such practices, including by launching information campaigns aimed at warning consumers of these "hidden" forms of advertising, or by encouraging the emergence of forum observers/moderators who are specifically trained and alert to the dangers of "hidden" advertising;
Amendment 24 #
2013/2116(INI)
Motion for a resolution
Paragraph 4 – point 1 (new)
Paragraph 4 – point 1 (new)
(1) Considers that the financial and immovable sectors remain critical by reason of their complexity and inherent serious risks and that it would not be appropriate to remove the exemption foreseen for them under article 3 (9) of the Directive;
Amendment 35 #
2013/2116(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that despite current EU legislation on airline prices and the 2007 sweep under the CPC Regulation of websites selling plane tickets, consumers continue to fall victim to the very many misleading practices in this sector, such as not including unavoidable costs like credit and debit card surcharges when booking online;
Amendment 42 #
2013/2116(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the importance of the guidance document produced by the Commission to assist in application of the Directive; welcomes the Commission s intention to revise this document by 2014; calls on the Commission to continue updating and clarifying this document on a very regular basis in the future; calls on the Member States to take this guidance document into account as far as possible;
Amendment 43 #
2013/2116(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recognises the importance of enforcement, administrative cooperation and exchange of good practices between Member States and welcomes the measures announced by the Commission in this area; considers that establishing regular thematic workshops and trainings for the competent national authorities, as well as developing enforcement indicators would be very valuable in order to provide guidance in enforcement, as especially in cases where the Directive interplays with sectoral legislation;
Amendment 51 #
2013/2116(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points to the importance of collective redress mechanisms for consumers; asknd welcomes the Commission to bring forward a legislative proposal to create an EU-wide coherent collective redress mechanism in the field of consumer protection which would be applicable to cross-border cases; stresses that the EU s approach to collective redress shall prioritise representative actions by bodies duly recognised at national level and be based on the prior consent principle (‘opt-in )Communication on the issue; agrees that a horizontal framework on collective redress would avoid the risk of uncoordinated sectorial EU initiatives; advises to follow the Commission Recommendations for the establishment of horizontal common principles, whose implementation in Member States would serve to assess whether further legislative measures are needed;
Amendment 54 #
2013/2116(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the importance of consumer organisations in rising awareness on existing unfair commercial practices as preventive action and on their role in assisting victims of unfair practices, thus enabling consumers to properly assert their rights; calls for coordinated actions between consumer organisations on national and European level, as well as with national authorities and the Commission;
Amendment 55 #
2013/2116(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the fact that since the Directive has been transposed in Member States, cross-border purchases has increased; recalls however that reinforced cooperation and coordination between the Commission and national authorities is essential in order to promote converging practices in implementation, and to provide rapid and efficient response; points that particular attention should be put in dealing with cross-border online purchasing, especially where price comparison websites do not clearly disclose the identity of the trader operating the site;
Amendment 56 #
2013/2116(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Regrets that despite the current legal framework, green claims such as 'eco- friendly', 'biodegradable ', 'sustainable' and 'natural', are still not used responsibly and are often very general, not well-defined and it is difficult to verify their truthfulness; encourages the Commission to evaluate how the further development of the current scientific standards can contribute to the verifiability of green claims;
Amendment 7 #
2013/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the existence of the EU Framework Program for Research and Innovation - Horizon 2020 - and calls for easier access to its funds; stresses the importance of investing in research and innovation in order to remain competitive on the global market in all areas of the automotive sector, namely in road safety, quality customer service, environmentally-friendly mobility, advanced technologies and high added value products; encourages the use of funds from the European Investment Bank in order to finance such projects;
Amendment 8 #
2013/2062(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission, the Council and the European Parliament to foresee that the legislative framework regulating the automotive sector is flexible enough in order to rapidly react on and cover all new technological developments and innovations, which underpin the competitiveness of the automotive industry;
Amendment 11 #
2013/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that small and medium- sized component suppliers to the European original equipment manufacturers play an important role for the development of the automotive industry; further points out that SMEs in the sector are key innovators and regrets that many of them experience difficulties in accessing resources through the European Investment Bank; calls for the improvement of this situation, notably through providing easier access to funds available under the COSME Programme (Competitiveness of Enterprises and SMEs);
Amendment 17 #
2013/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the proposal for strengthening the market for alternative fuel vehicles, and urges that priority be given to the development of appropriate infrastructures through adequate investments at European and national level, and through the swift adoption of the legislative proposal and of a common standard on the recharging interface for electric vehicles; reminds that it is important to maintain a positive attitude towards innovative alternative solutions for powering electric vehicles, such as the fuel-cell technology.
Amendment 22 #
2013/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the development of the European automotive industry cannot rely on export alone but should alsoshould retain a significant export component and at the same time focus on boosting domestic demand, through public and private investments and the enhancement of European citizens' purchasing power; (Rewording is necessary, as the statement appears to be negative when it comes to export. Export of vehicles should not be neglected but encouraged, as it provides important incomefair competition; encourages the European automotive industry to keep delivering quality products through innovation and technological leadership, in order to remain attractive to EU citizens; Or. en for the European Automotive industry.)
Amendment 25 #
2013/2062(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that different kinds of measures to facilitate the purchasing of new and fuel-efficient, low emission vehicles exist in various Member States; encourages the exchange of such good practices; calls on Member States to consider innovative tax policies in order to foster EU citizens to purchase new and environmentally friendly cars;
Amendment 31 #
2013/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises the importance of public intervention to ensure that the negative social consequences of any restructuring in the sector are kept to a minimum; believstresses that a European framework for anticipateach vehicle manufacturer is responsible for finding adequate solution when facing challenges and softening the social impact of restructuring, including a legislative act, is necessary, also in order to avoid any distortions to the internal market;reminds that adjustment plans for reducing production capacity should not involve additional burdens for taxpayers.
Amendment 35 #
2013/2062(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the existence of the Globalization Adjustment Fund and of the European Social Fund and calls for their optimal and targeted use in cases of restructuring in the automotive sector, notably for re-training, re-skilling, re- locating affected workers and assisting concerned regions.
Amendment 40 #
2013/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to take measures to ensure a high level of consumer protection, transparency and security also in the second hand car market, and to work towards a gradual phasing out of polluting and less safe vehicles; exemption shall be made for vehicles of historical interest as defined in Regulation 2012/380/EU1.
Amendment 44 #
2013/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Asks the Commission to respond to the problem of misleading consumers through biaseddeceptive information on vehicle fuel consumption and environmental performance; calls for a swift development of a new driving test-cycle and procedure.
Amendment 45 #
2013/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that regional and local authorities, depending on their competences, have various tools to actively support the automotive industry, notably in the area of promoting electric cars through parking space management and providing administrative support for investment in alternative fuels infrastructures; encourages such practices to be exchanged on European level and effectively coordinated; calls EU funds to be used in targeted and optimised way, in accordance with the specific development requirements of the region concerned;
Amendment 20 #
2013/0297(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Eurostat shall closely cooperate with the European Railway Agency in the collection of rail accident data in order to ensure that the obtained data is consistent and fully comparable. The role of the European Railway Agency in the field of rail safety shall be continuously enhanced.
Amendment 22 #
2013/0297(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is particularly important that the Commission carry out the appropriate consultations during its preparatory work, including at expert level and takes into account the position of the rail sector. The Commission should, when preparing and drawing up delegated acts, ensure simultaneous, timely and appropriate submission of the relevant documents to the European Parliament and to the Council.
Amendment 24 #
2013/0297(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 91/2003
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2b) The following paragraph is added: ‘2 a)Using Annex F, Eurostat shall calculate distance-based rail freight modal shares based on tonne-km according to the following distance breakdown: - d ≤ 300 km - 300 km < d ≤ 500 km - d > 500 km’
Amendment 27 #
2013/0297(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 91/2003
Article 9
Article 9
(6) Article 9 is deleted. replaced by the following: ‘Article 9 Report By [dd/mm/yyyy] [three years after the date of entry into force of this Regulation] and every three years thereafter, the Commission, after consulting the Statistical Programme Committee, shall submit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, that report shall: (a) assess the benefits accruing to the Union, the Member States and the providers and users of statistical information of the statistics produced, in relation to their costs; (b) assess the quality of the statistics produced, especially with regards to data losses, resulting from the deletion of simplified reporting; (c) identify areas for potential improvement and any amendments considered necessary in the light of the results obtained.’
Amendment 22 #
2013/0265(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For domestic transactions, a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a two year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card-based payments, the caps on interchange fees for consumer card transactions should be extended to cover all, cross-border and domestic payment, caps on a weighted average will be set up in order to allow for technological innovations and reflect the various levels of development in the card payment markets in the different member states.
Amendment 23 #
2013/0265(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to facilitate cross border acquiring all (cross-border and domestic) ‘consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0,20% and all (cross- border and domestic) consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0.30%.
Amendment 26 #
2013/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 28 #
2013/0265(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 29 #
2013/0265(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that redress is possible where this Regulation has been incorrectly applied, or where disputes occur between payment services users and payment services providers, Member States should establish adequate and effective out-of-court complaint and redress procedures. Member States, following guidelines set up by the European Banking Authority, should lay down rules on the penalties applicable to infringements of this Regulation and should ensure that those penalties are effective, proportionate and dissuasive and that they are applied.
Amendment 45 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) 'weighted average' means in relation to interchange fees the total amount of credit card or debit card interchange fees paid divided by the total amount of related transactions over the same period;
Amendment 56 #
2013/0265(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Interchange fees for all consumer debit or credit card transactions at national level
Amendment 58 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % on a weighted average of the value of the transaction for any debit card based transactions.
Amendment 63 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % on a weighted average of the value of the transaction for any credit card based transactions.
Amendment 69 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall be able to maintain or introduce lower caps or measures of equivalent object or effect through national legislation.
Amendment 73 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. When entering into a contractual agreement with a payment service provider, the consumer shall be given the possibility to decide whether or not he needs two or more different brands of payment instruments on his card, telecommunication, digital or IT device. Before signing the contract, the payment service provider shall provide the consumer with clear and objective information on the payment brands available and their characteristics related to use, functionalities, cost and security.
Amendment 80 #
2013/0265(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 88 #
2013/0265(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point 1 (new)
Article 14 – paragraph 2 – point 1 (new)
(1) The European Banking Authority shall be in charge of issuing guidelines for effective, proportionate and dissuasive sanctions
Amendment 72 #
2013/0139(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross-border switch should be foreseen. The need to maintain different deadlines should be evaluated in the context of the review of the proposed Directive.
Amendment 79 #
2013/0139(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that at least onell payment service provider offers a payment account with basic features to consumers. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over-indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education.
Amendment 82 #
2013/0139(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 84 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'services linked to the payment account' mean all services linked to a payment account, including payment services;
Amendment 88 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘switching’ means, upon a consumer's request, transferring from one payment service provider to another the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account; only an account with a positive or null balance can be subject to switching;
Amendment 89 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'business day' means a day on which the concerned payment service providers are open for business as required for the execution of the respective tasks set out in this Directive.
Amendment 90 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment servicesservices linked to the payment account representing 80% of the most representative services linked to the payment account subject to a fee at national level. The list shall contain terms and definitions for each of the services identified. A single name shall apply to each service.
Amendment 93 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those payment services linked to the payment account that are common to at least a majority of Member States. The EU standardised terminology will include common terms and definitions for the common services, providing a single name for each service.
Amendment 95 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services linked to the payment account referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
Amendment 100 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account at least annually and upon request. This statement may be communicated to consumers electronically or on paper as agreed between parties.
Amendment 104 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the unit fee charged for each service, or in case of a package, the fee for the entire package considering it as a single service, the number of times the service was used during the relevant period and the date on which the service was used;
Amendment 105 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the total amount of fees incurred for each service or packages of services provided during the relevant period;
Amendment 106 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the total amount of fees incurred for all services or packages of services provided during the relevant period.
Amendment 107 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the number of days the account was overdrawn, the interest rates applied and the total amount of interest paid during the relevant period;
Amendment 108 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall make sure that consumers are warned in advance when a payment service provider intends to increase any fees before the annual statement is published.
Amendment 109 #
2013/0139(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services linked to the payment account referred to in Article 3, paragraph 5.
Amendment 115 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) provide up-to-date accurate and user- friendly information;
Amendment 122 #
2013/0139(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
The provisions related to the switching as laid down in Chapter III apply only to the switching of payment accounts within a Member State. Each Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with a payment service provider located ion the Unionits territory.
Amendment 125 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 128 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 130 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 133 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that no fees, if any, are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with Article 45(2) of Directive 2007/64/EC.
Amendment 134 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that no fees, if any, are applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costs of that payment service provider.
Amendment 135 #
2013/0139(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded as soon as possible by that payment service provider.
Amendment 140 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 144 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory.
Amendment 148 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) where criminal offences, such as fraud, have been identified.
Amendment 151 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal and the reason of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy.
Amendment 155 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonablenominal fee.
Amendment 161 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 124 consecutive months;
Amendment 165 #
2013/0139(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall support initiatives in educational establishments and consultation services to improve financial education in order to combat over-indebtedness and minimise the risk of financial exclusion for all consumers. Payment service providers which offer to consumers guidance and assistance in the responsible management of their finances shall be encouraged.
Amendment 120 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
“extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annexnon-exhaustive list in the Annex. Other circumstances can be regarded as "extraordinary", if there are objective grounds to justify it;
Amendment 124 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point o
Article 2 – point o
“connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 162 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier operating the onward connecting flightresponsible for the delay shall offer the passenger:
Amendment 184 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of 3 nights. If tThe operating air carrier chooses to apply this limitation, it shall neverthelessshall provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14.
Amendment 197 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
“extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annexnon-exhaustive list in the Annex. Other circumstances can be regarded as "extraordinary", if there are objective grounds to justify it;
Amendment 203 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6 – point d – paragraph 1
Article 6 – point d – paragraph 1
Whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at bookingthe beginning of every booking process and at the check- in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would be applied within a given maximum baggage allowance. Where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at bookingthe beginning of every booking process and on request at the airport.
Amendment 203 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) 261/2004
Article 2 – point o
Article 2 – point o
“connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 209 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6 – point d – paragraph 1 a (new)
Article 6 – point d – paragraph 1 a (new)
The following paragraph 1a is inserted in Article 6d: '1a. In addition to the prescribed maximum cabin baggage allowance, passengers shall be allowed to carry in the cabin airport shopping, free of charge.'
Amendment 355 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier operating the onward connecting flightresponsible for the delay shall offer the passenger:
Amendment 423 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of 3 nights. If tThe operating air carrier chooses to apply this limitation, it shall neverthelessshall provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14.
Amendment 533 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1
Article 6d – paragraph 1
Whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at bookingthe beginning of every booking process and at the check- in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would be applied within a given maximum baggage allowance. Where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at bookingthe beginning of every booking process and on request at the airport.
Amendment 540 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1 a (new)
Article 6d – paragraph 1 a (new)
In Article 6d, the following paragraph shall be inserted: '1a. In addition to the prescribed maximum cabin baggage allowance, passengers are allowed to carry in the cabin airport shopping, free of charge.'
Amendment 229 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a product model, type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
Amendment 249 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. They also shall undertake appropriate actions in order to warn consumers about the danger this product may represent to them. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 273 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. They also shall undertake appropriate actions to warn consumers about the danger this product may represent to them. Furthermore, where the product is not safe, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 75 #
2013/0048(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Market surveillance should be based on the assessment of the risk presented by a product taking all relevant data into account. The methodology and criteria of assessing risks should be homogeneous in all Member States in order to ensure level playing field for all economic operators. A product that is subject to Union harmonisation legislation which lays down essential requirements relating to protection of certain public interests should be presumed not to present a risk to those public interests if it complies with those essential requirements.
Amendment 121 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 c (new)
Article 3 – paragraph 1 – point 14 c (new)
(14c) 'product model' means a product that is to be considered as representative of a distinct group of products presenting similar essential characteristics, with differences, if any, having no impact on their safety level;
Amendment 132 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every year. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the resultsof each type carried and their results. These statistics shall be communicated to all Member States and shall be made accessible to the public.
Amendment 149 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21, by precisely identifying the product, referring to its type, model, batch or serial number.
Amendment 155 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. Where appropriate, market surveillance authorities shall alert users in their territories within an adequate timeframeout delay of the identity of products that those authorities have identified as presenting a risk.
Amendment 249 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate. They may require the relevant economic operator toshall bear the cost of such action.
Amendment 279 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. Risk assessment shall be based on available scientific or technical evidence. Risk assessment shall be carried out in accordance with the general risk assessment methodology established and used by the Commission and, as appropriate, in accordance with the application made by the Commission for a specific category of products.
Amendment 294 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. The Commission may, of its own initiative or at the request of a market surveillance authority, have a risk assessment carried out by a European Union reference laboratory , in accordance with Article 28. Such assessment shall be binding on all stakeholders.
Amendment 363 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – introductory part
Article 5 a (new) – paragraph 2 – subparagraph 2 – introductory part
The competent authority may comply with the requirement set out in the first subparagraph in one of the following ways, for example, one of the ways indicated in the following non- exhaustive list:
Amendment 257 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Access to the railway infrastructure across the European Union shall be granted only to railway undertakings which hold the single safety certificate.
Amendment 314 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. If a national safety authoritthe Agency finds that a holder of a single safety certificate no longer satisfies the conditions for certification, it shall ask the Agency to revoke it. The Agency may revoke the single safetyrevoke that certificateion, giving reasons for its decision. The Agency shall immediately inform all the national safety authorities of the networks on which the railway undertaking operates.
Amendment 321 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Agency shall continuously monitorensure the effectiveness of the measures for the issuing of single safety certificates and supervision by, in cooperation with the national safety authorities, monitor supervisory measures and, where appropriate, shall make recommendations to the Commission for improvement. These may include a recommaendation for a CSM covering a process of the safety management system which needs to be harmonised at Union level, as referred to in Article 6(1)(d).
Amendment 325 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8а. Applicants may appeal to the Board of Appeal established in Article [54] of Regulation (ЕС) No ...[the Agency Regulation] against decisions taken by the Agency pursuant to this Article, including in the case of wrongful failure to act within the time limits laid down in this Article. Appeals lodged with the Board of Appeal shall not have automatic suspensory effect. The Agency may, however, suspend the application of the decision appealed against, if it considers that circumstances so permit.
Amendment 326 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 8 b (new)
Article 10 – paragraph 8 b (new)
8b. Decisions adopted by the Board of Appeal shall be subject to appeal before the Court of Justice of the European Union, once all appeal procedures within the framework of the Agency have been exhausted.
Amendment 63 #
2012/0366(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 68 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour.. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Exemption should be made for menthol cigarettes as they are considered being traditional tobacco flavour products and should not be classified with the other flavoured tobacco products. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 83 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are lessThis should be addressed. The above mentioned texts and features should be removed and replaced by a common statement 'all cigarettes are equally harmful'. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressedThis would objectively inform the consumer that slim or menthol cigarettes represent the same danger as ordinary cigarettes.
Amendment 93 #
2012/0366(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/ECMoreover, it could make easier the flow of counterfeited products ofn the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consummarket. Therefore, cross-border distance sales of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014should be prohibited.
Amendment 116 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products;
Amendment 146 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
(35a) 'traditional tobacco flavour' means a tobacco flavour that has been continuously used in a Member State or part thereof for at least 30 years;
Amendment 181 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour. Exemption shall be applicable for menthol as it is considered being traditional tobacco flavour and can not be classified with the other tobacco flavours.
Amendment 209 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, hHealth warnings shall be irremovably printed, indelible and in no way hidden or interrupted, including byvisible. All kinds of tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by thewhen used shall allow the visibility and the readability of the health warnings. The same is applicable for the design of opening of the unit packet.
Amendment 210 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall ensure that the health warnings of the main surface of the unit packet and any outside packaging are fully visible, including not being partially. When tobacco products are placed orn totally hidden or interrupted byhe market, wrappers, pouches, jacket, boxes or other devices when tobacco products are placedused shall allow the visibility and the readability onf the markethealth warnings.
Amendment 238 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 301 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 308 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. A label with the statement "All cigarettes are equally harmful" shall be put on the unit packet.
Amendment 315 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid 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 g.
Amendment 374 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage inprohibit cross- border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potentialof tobacco products to consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities: in the Union.
Amendment 379 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 383 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 387 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 392 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 397 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 402 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 407 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 19 #
2012/0288(COD)
Proposal for a directive
Recital 5
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 likelythere are grounds to believe that greenhouse gas emissions linked to indirect land use change are significant, and could negate some or all of the greenhouse gas savings of individual biofuels. 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, cereals, sugars and other starch containing crops accordinglyNonetheless, the Commission's Impact Assessment indicates, that the use of biofuels in the EU saves emissions, also when estimated indirect land-use change emissions are included.
Amendment 26 #
2012/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by. Further incentives should be provided through public support schemes and tax exemptions thus increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.
Amendment 40 #
2012/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards 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 use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugarintroduce a legally binding target for advanced biofuels within the 10 % target, that will create a strong incentive for the expansion of the production capacity for advanced biofuels and owil crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and l grant investors the necessary predictabioliquids consumed in 2011ty.
Amendment 44 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 52 #
2012/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The estimated indirect land-use change emissions should be included in the reporting of greenhousin accordance with the current scientific knowledge are not reliable enough to be the gbas emissions fromis of policy- making. Taking into account that the development of the biofuels uinder 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 emissionsustry in the EU is predominantly policy-driven, it is particularly important to ensure consistency, basing the changes in legislature on solid scientific factors.
Amendment 57 #
2012/0288(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively inperiodically review the lighst of adaptation to technical and scientific progress. To this end, and if warrvailable advantced by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to marketiofuels as laid down in Annex IX in order to take account of technical and scientific progress.
Amendment 65 #
2012/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, 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 mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.
Amendment 69 #
2012/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, 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 list of biofuel feedstockadvanced biofuels that are counted multiple times towards the 2 % target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.
Amendment 80 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
Amendment 84 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 –subpoint a
Article 1 – point 2 –subpoint a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 1
Article 7b – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1st July 20145. An installation is “in operation” if the physical production of biofuels has taken place.
Amendment 87 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
In the case of installations that were in operation on or before 1st July 20145, for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.
Amendment 93 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 98/70/EC
Article 7d – paragraph 6
Article 7d – paragraph 6
Amendment 128 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint ii
Article 2 – point 2 – subpoint c – subpoint ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point 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 5%, the estimated share at the end of 2011,advanced biofuels shall be at least 2 % of the final consumption of energy in transport in 2020.
Amendment 132 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint iii
Article 2 – point 2 – subpoint c – subpoint iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e
Article 3 – paragraph 4 – point e
Amendment 138 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint iii
Article 2 – point 2 – subpoint c – subpoint iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e – subparagraph 2
Article 3 – paragraph 4 – point e – subparagraph 2
Amendment 139 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint iii
Article 2 – point 2 – subpoint c – subpoint iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e – subparagraph 3
Article 3 – paragraph 4 – point e – subparagraph 3
The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25 (b) concerning the list of feedstock set out in Annex IX'
Amendment 143 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – subpoint a
Article 2 – point 5 – subpoint a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st July 20145. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
Amendment 146 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – subpoint a
Article 2 – point 5 – subpoint a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
In the case of installations that were in operation on or before 1st of July 20145, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.
Amendment 154 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – subpoint c
Article 2 – point 7 – subpoint c
Directive 2009/28/EC
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 161 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 9
Article 2 – point 9
Directive 2009/28/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 174 #
2012/0288(COD)
Proposal for a directive
Annex I - point 2
Annex I - point 2
Directive 98/70/EC
Annex V
Annex V
Amendment 177 #
2012/0288(COD)
Proposal for a directive
Annex II - point 2
Annex II - point 2
Directive 2009/28/EC
Annex VIII
Annex VIII
Amendment 189 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX
Annex IX
(3) The following Annex IX is added: 'Annex IX Part A. Feedstocks whose contribution towards the target referrThe biofuels produced from the following feed sto in Article 3(4) shall be considered to be four times their energy contentcks will be considered advanced biofuels (a) Algae. (b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. (c) Biomass fraction of industrial waste. (d) Straw. (e) Animal manure and sewage sludge. (f) Palm oil mill effluent and empty palm fruit bunches. (g) Tall oil pitch. (h) Crude glycerine. (i) Bagasse. (j) Grape marcs and wine lees. (k) Nut shells. (l) Husks. (m) Cobs (n) Bark, branches, leaves, saw dust and cutter shavings. Part B. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content (o) Used cooking oil. (p) Animal fats classified as category I and II in accordance with EC/1774/2002 laying down health rules concerning animal by- products not intended for human consumption. (q) Non-food cellulosic material. (r) Ligno-cellulosic material except saw logs and veneer logs.
Amendment 25 #
2012/0184(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To achieve a high quality of testing throughout the Union of test equipment to be used during testing, its maintenance and calibration should be specified onat Union level. Incentives should be created for innovations in the areas of testing systems, procedures and equipment, thus enabling further cost reductions and improvements in use.
Amendment 26 #
2012/0184(COD)
Proposal for a regulation
Recital 12 а (new)
Recital 12 а (new)
(12 а) In order to enforce harmonisation of standards and high quality throughout the European Union, roadworthiness tests and the equipment used to carry them out, as well as their procedures and results, should be made subject to the appropriate harmonisation measures.
Amendment 27 #
2012/0184(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Results of a test should not be altered for commercial purposes. Only, if the findings of the roadworthiness test performed by an inspector are manifestly incorrect, should the supervising body should be able to modify the results of a roadworthiness test and impose the appropriate penalties on the body which issued the certificate.
Amendment 28 #
2012/0184(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) High standards of roadworthiness testing require a high level of skills and competences of the testing personnel. A pan-European training system including an initial training and periodic refresher trainings should be introduced. A transitional period should be defined to allow for a smooth transition of existing testing personnel into the periodic training regime.
Amendment 30 #
2012/0184(COD)
Proposal for a regulation
Recital 22 а (new)
Recital 22 а (new)
(22а) Following the harmonisation of equipment and procedures, and the follow-up checks on and qualifications of the workers responsible for carrying out the roadworthiness tests, the test certificates issued in the various Member States should be mutually recognised. This would enable the tests to be carried out periodically in any Member State of the European Union, thus eliminating the requirement for the vehicle to be returned for this purpose to the country in which it was registered. This would also cut unnecessary costs to the economy and the consumer and reduce not only the adverse environmental impacts of road traffic but also the accident risk..
Amendment 31 #
2012/0184(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Roadworthiness testing is part of a wider regulatory scheme, governing vehicles throughout their lifetime from approval via registrations, inspections until scrapping. The development and interconnection of national and manufacturers' electronic vehicle databases should in principle contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens. The Commission should therefore carry out a study on the feasibility, costs and benefits of setting-up a European electronic vehicle information platform for this purposeoptimisation and adaptation to this legislative act of already existing electronic platforms containing information about vehicles, such as the European Registers of Road Transport Undertakings (ERRU).
Amendment 65 #
2012/0184(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The testing centre or, if relevant, the competent authority that has conducted a roadworthiness test on a vehicle shall issue a roadworthiness certificate to that vehicle that contains at least the elements laid down in Annex IV. The test certificates issued in the various Member States shall, following a period of harmonisation of rules and technical inspections, be mutually recognised throughout the European Union.
Amendment 78 #
2012/0184(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall examine the feapossibility, costs and benefits of the establishment of an electronic vehicle information platformies for optimising and adapting to this legislative act already existing electronic platforms containing information for vehicles, with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers.
Amendment 57 #
2012/0082(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down the common procedures and specifications for the software application, namely the European Car and Driving Licence Information System (EUCARIS), that is necessary for the electronic exchange of vehicle registration data, including the format for the data exchanged, the technical procedures for electronic consultation of and access to the national electronic registers, access procedures and security mechanisms, and to establish the format and the model of the professional vehicle registration certificate. 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.
Amendment 58 #
2012/0082(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission and the Member States should make sure that the European Vehicle and Driving Licence Information System (EUCARIS) is fully implemented and operational in order to be used for the purpose of the current Regulation.
Amendment 75 #
2012/0082(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 (new)
Article 4 – paragraph 3 – subparagraph 1 (new)
The vehicle registration authority shall recognize certificates of the roadworthiness tests issued in other Member States in accordance with Regulation 2013/xx/EU1. __________________ 1 Proposal for Regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (2012/0184(COD)).
Amendment 88 #
2012/0082(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Any person that has purchased a vehicle in another Member State and where that vehicle does not have a registration certificate may request the vehicle registration authority to issue a temporary registration certificate of a vehicle in view of its transfer to another Member State. The temporary registration certificate shall be valid for a period of 30 days and recognised by all Member States.
Amendment 96 #
2012/0082(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
For the purposes of paragraph 1, vehicle registration authorities shall use the softwEuropean Care applicationnd Driving Licence Information System (EUCARIS), as set out in Annex II.
Amendment 97 #
2012/0082(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
The Commission and the Member States shall make sure that the European Cars and Driving Licence Information System is implemented by all Member States and that it is fully operational.
Amendment 105 #
2012/0082(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The professional vehicle certificate issued in one Member State shall be recognised by all Member States.
Amendment 108 #
2012/0082(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the information on the registration of vehiclesprocedures related to the registration of vehicles, as well as the documents to be provided in the Member State of the relevant authority;
Amendment 112 #
2012/0082(COD)
Proposal for a regulation
Annex 2 – point 1
Annex 2 – point 1
1. The exchange of information shall be carried out by interoperable electronic means without exchange of data involving other databases. This exchange of information shall be conducted in a cost efficient and secure manner and ensure the security and protection of the data transmitted, as far as possible using existing software applications. The European Car and Driving Licence Information System (EUCARIS) shall be used for the purpose of the current Regulation.
Amendment 113 #
2012/0082(COD)
Proposal for a regulation
Annex 2 – point 3
Annex 2 – point 3
3. Each Member State shall bear its costs arising from the administration, use and maintenance of the software application referred to in point 1, without causing additional financial burdens for citizens and businesses.