Activities of Karsten Friedrich HOPPENSTEDT
Plenary speeches (32)
Credit requirements directives: Directives 2006/48/EC and 2006/49/EC - Community programme for financial services, financial reporting and auditing
Credit requirements directives: Directives 2006/48/EC and 2006/49/EC - Community programme for financial services, financial reporting and auditing
Credit Rating Agencies - Reporting and documentation requirements in the case of merger and divisions - Insurance and reinsurance (Solvency II) (recast) (debate)
Impact of the financial crisis on the car industry (debate)
Geological storage of carbon dioxide (debate)
State of the negotiations on the climate change and energy package (debate)
EMU10: The first 10 years of Economic and Monetary Union and future challenges (debate)
Promotion of clean road transport vehicles (debate)
Situation of the world financial system and its consequences on the European markets (debate)
Hedge funds and private equity - Transparency of institutional investors (debate)
Electronic communications networks and services - European Electronic Communications Market Authority - Common approach to the use of the spectrum released by the digital switchover - Electronic communications networks and services, protection of privacy and consumer protection (debate)
Natural disaster in China (debate)
Lisbon Strategy - Broad Economic Policy Guidelines for 2008-2010 (debate)
Protection of soil - Thematic Strategy for Soil Protection (debate)
Financial instability and the impact on the real economy (debate)
Payment services in the internal market (debate)
Further convergence in supervisory practices at EU level (debate)
Increase in energy prices (debate)
Coordination of certain of the Member States' provisions on television broadcasting (debate)
Type approval of motor vehicles with respect to emissions and access to vehicle repair information (debate)
Services of general interest (debate)
EU-China relations (debate)
Consolidation in financial services Mergers and acquisitions (M[amp]A) developments around Europe's stock exchanges (debate)
Public finances in the EMU (debate)
State aid reform (debate)
Bird flu - Veterinary expenditure (continuation)
Strategy against an influenza pandemic
Budget/Economy
Reinsurance
Reusability, recyclability and recoverability of motor vehicles
State aid in the form of public service compensation
Stability and Growth Pact
Reports (12)
Report on the Communication from the Commission to the Council and the European Parliament entitles "EXPO 2000 HANOVER" - Committee on Culture, Youth, Education and the Media PDF (50 KB)
Report on the communication from the Commission on the European Aerospace Industry meeting the Global Challenge - Committee on Economic and Monetary Affairs and Industrial Policy PDF (80 KB)
Report on the ECB Recommendation for a Council Regulation (EC) concerning the application of minimum reserves by the European Central Bank - Committee on Economic and Monetary Affairs and Industrial Policy PDF (24 KB)
Report on the Commission Report to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on an EU Action Plan: Satellite communications in the Information Society - Committee on Economic and Monetary Affairs and Industrial Policy PDF (40 KB)
PDF (17 KB)
PDF (16 KB)
Recommendation for second Reading on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision on a coordinated authorization approach in the field of satellite personal communication services in the Community - Committee on Economic and Monetary Affairs and Industrial Policy PDF (13 KB)
Report on the Report of the European Monetary Institute concerning the changeover to the single currency - Committee on Economic and Monetary Affairs and Industrial Policy
Recommendation for second Reading on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities - Committee on Culture, Youth, Education and the Media
Recommendation for second Reading on the common position established by the Council with a view to the adoption of a Decision of the European Parliament and of the Council on a series of guidelines for trans-European telecommunications networks - Committee on Economic and Monetary Affairs and Industrial Policy
Report on the proposal for a European Parliament and Council Decision on action at Union level in the field of Satellite Personal Communications Services in the European Union - Committee on Economic and Monetary Affairs and Industrial Policy
REPORT Report on the proposal for a decision of the European Parliament and of the Council establishing a Community programme to support specific activities in the field of financial services, financial reporting and auditing PDF (236 KB) DOC (302 KB)
Opinions (3)
OPINION Proposal for a Directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and services, and 2002/20/EC on the authorisation of electronic communications networks and services
OPINION Proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
OPINION EU-China relations
Amendments (215)
Amendment 177 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 2 – point d
Annex – recommendation 2 – point d
(d) AmendThe EU rules on deposit guarantees to introduce obligatoryshould be amended to support further development of ex-ante schemes financed by contributions from financial institutions and administered independently of these institutions. The level of refund should be significantly increased and made available to retail clients within a clearly defined and short timeframe.
Amendment 184 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 2 – point g
Annex – recommendation 2 – point g
Amendment 215 #
Amendment 236 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point a
Annex – recommendation 3 – point 3.3 − point a
(a) By Autumn 2008 a regulation shall require transforming the existing Lamfalussy Level 3 committees ithe Commission should presento a configuration of EU supervision and giving the Lamfalussy Level 3 committees the status of supervisory agencies with an executive board (similar to the Eurosystem) andreview of decisions taken by the existing Lamfalussy Level 3 committees in order to enforce their tasks and to ensure appropriate staffing and resources.
Amendment 255 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point e
Annex – recommendation 3 – point 3.3 − point e
Amendment 277 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point g
Annex – recommendation 3 – point 3.3 − point g
(g) The regulation should also provide for a presidium for the configuration of EU supervision consisting of fiveour persons. It should be composed of the chairs of the three supervisory agencicommittees. An independent chair should be appointed for a five-year term by the Commission after consultation of Parliament and Council. The chair of the CCMC should act as the vice chair.
Amendment 293 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – title
Annex – recommendation 3 – point 3.4 – title
Amendment 297 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point a
Annex – recommendation 3 – point 3.4 – point a
Amendment 302 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point b
Annex – recommendation 3 – point 3.4 – point b
Amendment 308 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c – introductory part
Annex – recommendation 3 – point 3.4 – point c – introductory part
Amendment 312 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c– points i to iv
Annex – recommendation 3 – point 3.4 – point c– points i to iv
Amendment 316 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c– point v
Annex – recommendation 3 – point 3.4 – point c– point v
Amendment 321 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c– point vi
Annex – recommendation 3 – point 3.4 – point c– point vi
Amendment 325 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 – point d
Annex – recommendation 3 – point 3.4 – point d
Amendment 88 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) Beside a legislative framework for storage sites, incentives for further development of the technology, support of the installation of demonstration plants, as well as a legal framework created by the Member States for ensuring transport should be put in place as quickly as possible in order to successfully advance the use of CCS technologies.
Amendment 102 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timeperiod which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. If no activities are carried out, the Member States should ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 106 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorer, who will as a rule have made substantial investments, should be favoured over competitors in the granting of the storage permit.
Amendment 108 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveThe Member States should have the opportunity to submit draft storage permits to the Commission for verification.
Amendment 120 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 131 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) Access to CO2 transport networks and storage sites could become a condition for entry into or competitive operation within the internal electricity and heat market, depending on the relative prices of carbon and CCS. It is therefore appropriate to make arrangements for potential users to obtain such access on a non- discriminatory basis. This should be done in a manner to be determined by each Member State, applying the objectives of fair and open access and taking into account inter alia the transport and storage capacity which is available or can reasonably be made available as well as the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation intended to meet through CO2 capture and geological storage. Member States should also establish dispute settlement mechanisms to enable expeditious settlement of disputes regarding access to CO2 transport networks and storage sites.
Amendment 142 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 - paragraph 1
Article 1 - paragraph 1
1. This Directive establishes a legal framework for the geological storage of carbon dioxide (hereinafter "CO2"). to contribute to the fight against climate change.
Amendment 148 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 - paragraph 2
Article 1 - paragraph 2
2. The purpose of geological storage is permanent containment of CO2 in such a way as to prevent or, where that is not practicable, reduce as far as possible negative effects on the environment and any resulting risk to human health.
Amendment 155 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 - paragraph 3
Article 2 - paragraph 3
3. The storage of CO2 in geological formationsa storage site with a storage complex extending beyond the area referred to in paragraph 1 shall not be permitted. This shall not apply where a level of protection comparable to that provided by this directive is guaranteed for the entire storage complex.
Amendment 164 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) '‘storage site'’ means a specificdefinable area within a geological formation used for the geological storage of CO2;
Amendment 172 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) ‘leakage’ means any measurable release of CO2 from the storage complex;
Amendment 175 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 6 a (new)
Article 3 - point 6 a (new)
(6a)"hydraulic unit" means a hydraulically connected pore space where pressure communication can be measured by technical means and which is bordered by flow barriers (faults, salt domes, lithological boundaries) or by the wedging out or outcropping of the formation;
Amendment 186 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 11
Article 3 - point 11
(11) 'substantial change' means a change which may have significant effects on the environment or human health;
Amendment 193 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 16
Article 3 - point 16
(16) 'significant irregularity' means any irregularity in the injection or storage operations or in the condition of the site itself, which implies the risk of a leakage or risks to the environment or human health;
Amendment 196 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 18
Article 3 - point 18
(18) ‘'closure’' of a CO2 storage site means the definite cessation of CO2 injection into that storage site including decommissioning measures such as dismantling the injection apparatus and sealing off the storage site;
Amendment 214 #
2008/0015(COD)
Proposal for a directive – amending act
Article 4 - paragraph 2
Article 4 - paragraph 2
2. A geological formation shall only be selected as a storage site, if under the proposed conditions of use there is no significant risk of leakage, and if there are no significant negativrisks for the environmental or health impacts are likely to occuruman health.
Amendment 223 #
2008/0015(COD)
Proposal for a directive – amending act
Article 4 a (new)
Article 4 a (new)
Article 4a Mapping The Member States shall draw up by 2010 maps showing the real CO2 storage capacities in their respective territories.
Amendment 225 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria.
Amendment 228 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum of two. The period of validity of an exploration permit shall not exceed the time required to carry out the activity for which it was issued. The competent authorities may extend an exploration permit if its period of validity is not sufficient to complete the activity in question and the activity has been carried out in accordance with the exploration permit.
Amendment 233 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
4. TWhere the holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permiapplies for a storage permit in respect of the storage site he is exploring, he shall be given preferential treatment over all other applicants provided that the permit conditions set out in Article 6 are met.
Amendment 243 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that the procedures for the granting of storage permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria.
Amendment 246 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. For the period of validity of the storage permit, its holder shall have the sole right of storage in the storage site.
Amendment 250 #
2008/0015(COD)
Proposal for a directive – amending act
Article 7 – introductory part
Article 7 – introductory part
Applications to the competent authority for storage permits shall include at least the following information:
Amendment 255 #
2008/0015(COD)
Proposal for a directive – amending act
Article 7 – point 4 a (new)
Article 7 – point 4 a (new)
(4a) Description of measures to prevent significant irregularities;
Amendment 260 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 1 – point a
Article 8 – point 1 – point a
(a) all relevant requirements of this Directive and of relevant Community law are met;
Amendment 264 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 1 – point b
Article 8 – point 1 – point b
(b) the management of the storage site will be in the hands of a natural person or legal entity who is technically competent and reliable to manage the site; professional and technical development and training of this person and all staff are provided;
Amendment 265 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
Article 8 – point 1 – point b a (new)
(bad) no other storage permits have been issued within the same hydraulic unit;
Amendment 271 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission has issued, at the request of the Member State, its opinion on the draft permit pursuant to Article 10(1);
Amendment 275 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 276 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – introductory part
Article 9 – introductory part
The permit shall contain at least the following:
Amendment 278 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site andthe storage complex and the hydraulic unit;
Amendment 281 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
(3) rules governing the start-up and operation of the storage site, the total quantity of CO2 authorised to be geologically stored and maximum injection rates and pressures;
Amendment 284 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
(4) requirements for the composition of the CO2 stream and the CO2 acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage, in particular to prevent significant irregularities;
Amendment 289 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where Member States request the Commission's opinion on the draft storage permit pursuant to Article 8(2) they shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft permits.
Amendment 291 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within sixthree months of their submission to the Commission, the Commission mayshall issue an opinion on the draft permits.
Amendment 294 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates from the Commission opinion.
Amendment 300 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) if it has been notified or become aware of significant irregularities or leakages pursuant to Article 16(1);
Amendment 305 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 4
Article 11 – paragraph 4
4. After a permit has been withdrawn pursuant to paragraph 3, the competent authority shall either issue a new storage permit or close the storage site pursuant to point (c) of Article 17(1). Until a new storage permit has been issuedUntil a new storage permit is issued or the storage site is closed pursuant to point (c) of Article 17(1), the existing operator shall retain responsibility for the storage site, including all ensuing legal obligations. Where the operator does not meet his obligations under Article 17(1)(c), the competent authority shall take over the responsibility for the storage site, including all ensuing legal obligations. To the extent possible, the competent authority shall recover any costs incurred from the former operator. Where this is not possible, recourse shall be had to the financial security pursuant to Article 19(2).
Amendment 315 #
2008/0015(COD)
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for transport on safety grounds. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 320 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) comparison between the actual and modelled behaviour of CO2 and formation water in the storage site;
Amendment 321 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) detecting leakage of CO2 and of substances set in motion by it;
Amendment 322 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) detecting significant adverse effects for the surrounding environment, water forming part of the hydrological cycle, human populations, or users of the surrounding biosphere;
Amendment 334 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 2
Article 17 – paragraph 2
2. After a storage site has been closed pursuant to paragraph 1 points (a) or (b), the operator remains responsible for maintenance, monitoring, control, reporting, and corrective measures pursuant to the requirements laid down in this Directive, as well as for all ensuing obligations under other relevant provisions of Community legislation, until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4). The operator shall also be responsible forClosure shall not be complete until the operator has sealinged the storage site and removinged the injection facilities.
Amendment 337 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 4
Article 17 – paragraph 4
4. After a storage site has been closed pursuant to paragraph 1 point (c), the competent authority shall remain responsible for maintenance, monitoring, control, and corrective measures pursuant to the requirements laid down in this Directive as well as for all ensuing obligations under other relevant provisions of Community legislation. The post-closure requirements pursuant to this Directive shall be fulfilled on the basis of the provisional post-closure plan submitted to and approved by the competent authority pursuant to Articles 7(7) and 9(7), which shall be updated as necessary. Where the competent authority takes these measures itself, it shall reclaim the costs from the operator. Where this is not feasible, recourse shall be had to the financial security pursuant to Article 19(2).
Amendment 346 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval preparedtaken by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval.
Amendment 348 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 353 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 5
Article 18 – paragraph 5
5. After the transfer of responsibility pursuant to paragraphs 1 to 4, monitoring may cease. However, ibe reduced to a level at which the identification of leakages or significant irregularities is still possible. If any leakages or significant irregularities are identified, monitoring shall be reactivatedstepped up as required to assess the scale of the problem and the effectiveness of corrective measures.
Amendment 360 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 6
Article 18 – paragraph 6
6. There shall be no recovery of costs incurred from the former operator after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4. This shall not apply in cases of incorrect statements, failure to disclose relevant information, negligence, deliberate deception or abuse. The above shall be without prejudice to Article 19(2a).
Amendment 365 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forissue of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 372 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. From the commencement of CO2 injection until the closure of the storage site, the operator shall pay into a fund at the end of each year 2% of the value of the allowances which operators of plants covered by Directive 2003/87/EC were not required to surrender in that year thanks to storage of CO2 at that site. This fund shall serve to finance expenditure arising following the transfer of responsibility to the competent authority. This fund shall be established by the Member States.
Amendment 375 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that potential users are able to obtain access to CO2 transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2 to 4. To that end, pipelines for which new permits are issued shall as a rule be designed in such a way that they are suited to take any CO2 stream of a given minimum quality, to be determined under the comitology procedure.
Amendment 380 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State. The Member State shall apply the objectives of fair and openprinciple of open and non- discriminatory access, taking into account
Amendment 390 #
2008/0015(COD)
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundary storage sites, the national competent authority responsible for granting permits shall be that of the Member State in which the larger part of the storage site is likely to be situated.
Amendment 392 #
2008/0015(COD)
Proposal for a directive – amending act
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The competent authority shall establish and maintain a register of all closed storage sites and surrounding storage complexes, including maps of their spatial extent as well as other information relevant to determining that the stored CO2 is permanently and completely contained.
Amendment 393 #
2008/0015(COD)
Proposal for a directive – amending act
Article 28 a (new)
Article 28 a (new)
Article 28a Support for the introductory phase The Commission shall draw up, no later than the end of 2008, a financing plan to support the introductory phase of CCS. From 2008 to 2012 this financing instrument may be funded by unspent monies from the EU budget, and from 2013 may use some of the proceeds from the auctioning of EU emissions trading allowances.
Amendment 405 #
2008/0015(COD)
Proposal for a directive – amending act
Article 32
Article 32
Directive 2001/80/EEC
Article 9 a
Article 9 a
In Directive 2001/80/EC, the following Article 9a is inserted: ‘Article 9a Member States shall ensure that all combustion plants with a capacity of 300 megawatts or more for which the original construction license or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive XX/XX/EC of the European Parliament and of the Council.(*), have suitable space on the installation site for the equipment necessary to capture and compress CO2 and that the availability of suitable storage sites and suitable transport facilities, and the technical and financial feasibility of retrofitting for CO2 capture have been assessed.
Amendment 411 #
2008/0015(COD)
Proposal for a directive – amending act
Article 33
Article 33
Directive 2004/35/EC
Annex III – paragraph 14
Annex III – paragraph 14
In Annex III to Directive 2004/35/EC, the following paragraph 14 is added: ‘14. The operation of storage sites pursuant to Directive XX/XX/EC of the European Parliament and of the Council until the transfer of responsibility to the competent authority.
Amendment 414 #
2008/0015(COD)
Proposal for a directive – amending act
Article 35 a (new)
Article 35 a (new)
Amendment 421 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – introductory part
Annex I – introductory part
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out, in the light of the state of the art, in four steps according to the following criteria. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 425 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – Step 1 – point (h)
Annex I – Step 1 – point (h)
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, and where appropriate the borders of the hydraulic unit;
Amendment 792 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I - point 3 - point (a)
Annex I - point 3 - point (a)
Directive 2003/87/EC
Annex I - table - category 1 - activity 2 - row 2 - column 1
Annex I - table - category 1 - activity 2 - row 2 - column 1
Coke ovens - for the production of non- metallurgical coke
Amendment 794 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I - point 3 - point (b) - point (ii)
Annex I - point 3 - point (b) - point (ii)
Directive 2003/87/EC
Annex I - table - category 2 - paragraph -1 (new)
Annex I - table - category 2 - paragraph -1 (new)
Amendment 17 #
2007/2261(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Commission understands the importance of public support for grassroots sport and sport for all and, therefore, calls on the Commission to develop clear guidelines on the application of EC competition and internal market law (such as state aid rules), indicating what kind of public funding can be supported in order to fulfil the social, cultural and educational role played by sport; notes also that the protection and promotion of sport have constitutional status in some Member States, whence the requirement to guarantee the operational viability of sport;
Amendment 18 #
2007/2261(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the link between sport and health is an important consideration, so that cooperation between sports organisations or associations and health funds and doctors has become an increasingly common practice which represents an enormous added value for health care services and, at the same time, a financial saving;
Amendment 28 #
2007/2261(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Opposes setting up an additional agency at EU level in theRejects the idea of setting up an EU sports agency, because the individual responsibility of the huge number of different forms of an EU sports agency and regards the existing decision-making and dispute settlement bodies as sufficientorganisations at EU level must not be eroded;
Amendment 39 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costs. The amounts of the excess emissions premium should be considered as revenue for the budget of the European Unionbut at the same time to ensure that the penalty is proportional by comparison with other sectors' CO2 emissions and consistent with other CO2-reduction instruments, the level of the premium should be based on the amount to be paid under the European emissions trading system.
Amendment 67 #
2007/0297(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes CO2 emission performance requirements for new passenger cars in order to ensure proper functioning of the internal market and achieve the EU's overall objective that the average new car fleet should achieve CO2 emissions of 120 g CO2/km. The Regulation sets the average CO2 emissions for new passenger cars at 130 g CO2/km by means of improvement in vehicle motor technology as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures. This Regulation will be complemented by additional measures corresponding to 10 g/km as part of the Community's integrated approach. intended to achieve a further reduction of 10 g/km as part of the Community's integrated approach. In 2014, on the basis of a stock-taking exercise and a legislative impact assessment, the Commission shall propose medium- and long-term targets for newly- registered vehicles as from 2020 and submit them to the Council and Parliament for a decision. At the same time, the Commission shall submit a proposal for a comprehensive approach to identifying all measures to reduce CO2 emissions, with the aim of removing the distinction between engine-/vehicle- related and additional measures and eco- innovations. A target shall be set for 2020 which guarantees, through the aggregate impact of all relevant measures, a reduction in average CO2 emissions of at least 20% by comparison with 2008. In that connection, the Commission shall take account of the possible incorporation of road transport into the European emissions trading system, as proposed in the context of the revision of that trading system. As the basis for this proposal, a comprehensive assessment of the implications for the automobile industry and for upstream sectors shall be drawn up. This shall include a cost-benefit analysis, in the light of all relevant technological innovations designed to reduce CO2 emissions, covering all segments of the car market. When a long-term target is set, due account shall be taken of developments relating to international climate protection agreements.
Amendment 93 #
2007/0297(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘eco-innovation’ means any technological innovation which, regardless of driver behaviour, delivers a proven, quantifiable contribution to reducing CO2 emissions and which is not included or insufficiently taken into account in the new European testing cycle (Regulation (EC) No 715/2007) and is not covered by the additional measures referred to in Article 1.
Amendment 112 #
2007/0297(COD)
Proposal for a regulation
Article 4
Article 4
For the calendar year commencing 1 January 2012 and each subsequent calendar year, each manufacturer of passenger cars shall ensure that itn 2012 25%, in 2013 50%, in 2014 75% and in 2015 and each subsequent calendar year 100% of the fleet’s average specific emissions of CO2 do not exceed itsthe specific emissions target for a manufacturer's fleet determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 9, in accordance with that derogation.
Amendment 125 #
2007/0297(COD)
Proposal for a regulation
Article 4 – subparagraph 1 a (new)
Article 4 – subparagraph 1 a (new)
For manufacturers which produce cars with specific CO2 emissions which are 20%, 30%, 40% and 50% lower than the target set in Annex I, when average specific CO2 emissions are calculated every new vehicle registered over the period to 2015 inclusive shall be counted as two, three, four or five, in keeping with the percentage by which emissions fall below the set target.
Amendment 169 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The excess emissions premium pursuant to Article 1 shall be: (a) in relation to excess emissions in the calendar year 2012, 20 eurosEUR 10; (b) in relation to excess emissions in the calendar year 2013, 35 eurosEUR 20; (c) in relation to excess emissions in the calendar year 2014, 60 euros; andEUR 30; (d) in relation to excess emissions in the calendar year 2015 and subsequent calendar years, 95 eurosEUR 40.
Amendment 202 #
2007/0297(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 225 #
2007/0297(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 10 #
2007/0267(CNS)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Insurance services and financial services require similar forms of intermediation. It is therefore appropriate for intermediation in insurance and intermediation in financial services to be treated in the same way, including intermediation by an intermediary who does not have a contractual relationship with any of the parties to an insurance or financial transaction to whose conclusion the agent has contributed. In such cases the tax exemption should uniformly cover all activities that are typical for an insurance and financial services agent, including all activities preparatory and subsequent to concluding a contract.
Amendment 16 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2006/112/EC
Article 135 – paragraph 1 – point d
Article 135 – paragraph 1 – point d
(d) exchange of currency and, provision of cash and transactions in trading with claims;
Amendment 17 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2006/112/EC
Article 135 – paragraph 1 – point e
Article 135 – paragraph 1 – point e
(e) supply oftransactions in trading with securities;
Amendment 18 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2006/112/EC
Article 135 – paragraph 1 – point g a (new)
Article 135 – paragraph 1 – point g a (new)
(ga) derivatives of all kinds;
Amendment 23 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2006/112/EC
Article 135a – point 8 – introductory part
Article 135a – point 8 – introductory part
(8) 'supply oftransactions in trading with securities' means the supplyale of tradable instruments other than an instrument establishing title to goods or to the rights referred to in Article 15(2), representing financial value and reflecting any one or more of the following:
Amendment 32 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2006/112/EC
Article 135a – point 9
Article 135a – point 9
(9) 'intermediation in insurance and financial transactions' means the supply of services rendered to, and remunerated by, a contractual party as a distinct act of mediation in relation to the insurance or financial transactions referred to in points (a) to (e) of Article 135(1), by a third party intermediary;
Amendment 44 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/112/EC
Article 137b – point 1
Article 137b – point 1
(1) the group itself and all its members are established or residentis established in the Community;
Amendment 45 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/112/EC
Article 137b – points 4 and 5
Article 137b – points 4 and 5
(4) the services are supplied by the group only to its members and are necessary to allow members to supply services which are exempt pursuant to Article 135(1)(a) to (g); (5) the group claims from its members only the exact reimbursement of their share of the joint expenses, excluding any; transfer- pricing adjustments made for the purposes of direct taxation shall not affect the group’s exemption from turnover tax.'
Amendment 62 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 50
Recital 50
(50) In order to ensure equal treatment, no spectrum users should beAny or partial exemptedion from the obligation to pay the normal fees or charges set for the use of the spectrum must be objective and transparent and based on the existence of other general interest obligations set out in national law.
Amendment 97 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) The electronic communication sector is a fast-moving sector, characterised by a high level of technological innovation and highly dynamic markets. There is a need regularly to scrutinise the accuracy of regulation in changing markets and technology. To ensure that EU citizens will continue to be able fully to participate in the global information society, innovation and the roll out of high-speed next generation networks able to satisfy future customer demands for more bandwidth and more services has to be a priority in the application of this Directive.
Amendment 98 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
National regulatory authorities may, where appropriate, also impose the sharing of these facilities to other public undertakings provided that the facility sharing is proportional.
Amendment 99 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) The framework should meet the new investment and innovation challenges recognising the need to encourage both investment and competition, so that consumer choice is protected and not undermined.
Amendment 113 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point c (new)
Article 2 – point 8 – point c (new)
Directive 2002/19/EC
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
In order to promote incentives for investments in new high speed networks, it must be ensured when access fees are stipulated that the company providing the access is left with a yield which at least corresponds to the capital costs related to the investment and the risk specific to the investment.
Amendment 123 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 - introductory part
Article 6a – paragraph 1 – subparagraph 1 - introductory part
1. In order to achieve the objectives set out in Article 1, and without prejudice to Article 5(2) of this Directive and the Radio Spectrum Decision, the Commission may adopt implementing measures:
Amendment 148 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism in accordance with their own national law. In doing so, Member States may take into account the cultural relevance of broadcasting and professional wireless microphone systems for multimedia-based audio, video and live productions.
Amendment 194 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 50
Recital 50
(50) In order to ensure equal treatment, no spectrum users should be exemptedAny or partial exemption, full or partial, from the obligation to pay the normal fees or charges set for the use of the spectrum should be objective and transparent and based on the existence of other general interest obligations set out in national law.
Amendment 215 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
Article 2 – point s
(s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services, which technically obstructs the joint use of frequencies or which may otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Community or national regulations.
Amendment 225 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/21/EC
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently and in a timely manner. National regulatory authorities shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 231 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 c (new)
Article 1 – point 3 c (new)
Directive 2002/21/EC
Article 3a (new)
Article 3a (new)
(3c) The following Article is added: "Article 3a Member States shall jointly establish a network of national regulatory authorities in accordance with the modalities set out in Regulation No [.../.../EC]1. 1 Regulation establishing the Network of National Regulatory Authorities for the European electronic communications market."
Amendment 232 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2002/21/EC
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have the appropriate expertise available to it to enable it to carry out its functions. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. Member States shall limit the time allowed for consideration of such appeals.
Amendment 234 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2002/21/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted only if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires.
Amendment 238 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2002/21/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the European Communications Market Authority (hereinafter referred to as 'the Anetwork of national regulatory authority')ies on an annual basis.
Amendment 262 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
5. WIn relation to measures referred to in paragraph 4(a) and (b) and within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure.
Amendment 265 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5a (new)
Article 7 – paragraph 5a (new)
5a. In relation to measures referred to in paragraph 4(c), the indication of serious doubts by the Commission shall open a regulatory dialogue between the national regulatory authority and the network of national regulatory authorities with the objective of identifying the most appropriate and effective measure to remedy the competition problem concerned, while taking due account of the views of market participants and the consistency of such measures in the internal market. That regulatory dialogue may under no circumstances exceed the two month period required under paragraph 4. If, at the end of the regulatory dialogue, the network of national regulatory authorities confirms the appropriateness of the measure with a majority of two- thirds, the national regulatory authority may adopt the measure. If the network of national regulatory authorities does not so confirm, the Commission may state its serious doubts by a decision requiring the national regulatory authority to withdraw the draft measure. The national regulatory authority has the right to withdraw the draft measure at any stage of the regulatory dialogue.
Amendment 269 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Within three months of the Commission issuing a decision in accordance with paragraph 5 or 5a requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.
Amendment 274 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 289 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
Amendment 311 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4a (new)
Article 8 – paragraph 4a (new)
(ea) in Article 8, the following paragraph is added: "4a. The national regulatory authorities shall aim at creating the proper regulatory environment for competitive investment in new access networks, which constitutes a unique opportunity for innovation and for platform-based competition paving the way to deregulation. Such a regulatory environment should, inter alia: (a) be predictable for a period consistent with the time needed for the profitability of heavy investments; (b) aim at the maximum geographical reach of platform-based competition; (c) enable competitive advantage to be derived from faster geographical roll out, thus encouraging network deployments; (d) attract resources from financial markets for high upfront investments in new access networks; (e) allow flexible commercial agreements on investments and risk-sharing between new access networks operators."
Amendment 320 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria. In so doing, Member States shall respect international agreements and may take account of public policy considerations.
Amendment 328 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to paragraph Article 9c, Member States shall ensure that all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services in accordance with their national frequency allocation tables and the ITU Radio Regulations.
Amendment 343 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) safeguard the efficient use of spectrum,
Amendment 354 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that, in accordance with internationally agreed frequency plans and the ITU Radio Regulations, all types of electronic communications services may be provided in the radio frequency bands open to electronic communications. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 358 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective, as defined in national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism, including broadcasting services.
Amendment 369 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services.
Amendment 408 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of in accordance withe national regulatory authorityprocedures.
Amendment 413 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2
Article 9b – paragraph 1 – subparagraph 2
In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings in accordance with national procedures.
Amendment 419 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 2
Article 9b – paragraph 2
2. Member States shall ensure that an undertaking’s intention to transfer rights to use radio frequencies, as well as the effective transfer thereof, is notified to the national regulatorycompetent national authority responsible for spectrum assignment and is made public. Where radio frequency use has been harmonised through the application of the Radio Spectrum Decision or other Community measures, any such transfer shall comply with such harmonised use.
Amendment 442 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding frequencies intended by Member States to be used for broadcasting services;
Amendment 450 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights andcreate an exception to the principle of service or technology neutrality, as well as to harmonise the sconditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leaspe and nature of any exceptions to the principle of service or technology neutrality in accordance with Article 9(3) and (4), other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism, including broadcasting services;
Amendment 456 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point c
Article 9c – paragraph 1 – point c
Amendment 468 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to the principle of service or technology neutrality in accordance with paragraphs Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism, including broadcasting services.
Amendment 474 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
Amendment 489 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 502 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, manholes and street cabinets. National regulatory authorities may, where appropriate, also impose the sharing of these facilities with other public undertakings provided that that sharing is proportionate.
Amendment 508 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Measures taken by a national regulatory authority in accordance with paragraph 1 shall be objective, transparent, and proportionatetake into account the security interests of the undertaking and general security interests, as well as the need to ensure a clear delineation of the responsibilities of the undertakings involved, to prevent harmful interferences between users. Measures shall also be objective, transparent, and proportionate. When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may, where necessary, lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access to ensure the normal operation of the network. Beneficiaries of access may be subjected to specific non- discriminatory conditions that ensure that scarce resources are used efficiently, especially in terms of network deployment. Obligations to follow specific technical standards or specifications shall comply with the standards and specifications laid down in accordance with Article 17(1).
Amendment 530 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 3
Article 13 a – paragraph 3 – subparagraph 3
Amendment 538 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4 – subparagraph 1
Article 13 a – paragraph 4 – subparagraph 1
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […/EC], may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. The technical implementing measures shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.
Amendment 583 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 18 – point aa (new)
Article 1 – point 18 – point aa (new)
Directive 2002/21/EC
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
(aa) In paragraph 2, subparagraph 3 shall be replaced by the following: "In the absence of such standards and/or specifications, Member States shall encourage the implementation of international standards or recommendations adopted by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Organisation for Standardisation (ISO) or the International Electrotechnical Commission (IEC)."
Amendment 641 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point a a (new)
Article 2 – point 3 – point a a (new)
Directive 2002/19/EC
Article 5 – paragraph 2a (new)
Article 5 – paragraph 2a (new)
(aa) The following paragraph is added: "2a. Where assessing the proportionality of the measures to be imposed, national regulatory authorities shall take into account the different competitive conditions existing in the different areas within their Member States. When a geographic area is competitive, national regulatory authorities shall remove unnecessary obligations in order to ensure that deregulation is adapted to market needs. In that respect, national regulatory authorities shall take into account the need to safeguard infrastructure competition."
Amendment 652 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point a
Article 2 – point 8 – point a
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point f
Article 12 – paragraph 1 – subparagraph 2 – point f
Amendment 675 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. In order to promote incentives for investments in new high-speed networks, when access fees are stipulated, the undertaking providing access shall be left with a yield which at least corresponds to the capital costs related to the investment and the risk specific to it."
Amendment 678 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 d (new)
Article 2 – point 8 d (new)
Directive 2002/19/EC
Article 13 – paragraph 1b (new)
Article 13 – paragraph 1b (new)
(8d) In Article 13, the following paragraph is inserted: "1b. Where a national regulatory authority regulates access to new generation access networks, it may oblige access seekers to bear a reasonable share of the risk incurred by the investing operator. Risk sharing contracts may include an upfront payment covering the risk premium for a certain amount of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods."
Amendment 741 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point ba (new)
Article 5 – paragraph 1 – point ba (new)
(ba) safeguard the efficient use of spectrum.
Amendment 759 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5 a (new)
Article 5 – paragraph 2 – subparagraph 5 a (new)
In taking a decision regarding rights of use, due account shall be taken of the need to allow for an appropriate period for amortisation of investment.
Amendment 762 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall not limit the number of rights of use to be granted except where this is necessary to ensure the efficient use of radio frequencies in accordance with Article 7. Member States shall take into account legacy investments and the level of competition.
Amendment 769 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 6
Article 5 – paragraph 6
6. National regulatory authorities shall ensure that radio frequencies are efficiently and effectively used in accordance with Article 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may take appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.
Amendment 773 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
1. In order to achieve the objectives set out in Article 1, and without prejudice to Article 5(2) of this Directive and to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)1 , the Commission may adopt implementing measures: ___________ 1 OJ L 108, 24.4.2002, p. 1.
Amendment 778 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point a
Article 6a – paragraph 1 – subparagraph 1 – point a
(a) to identify radio frequency bands providing pan-European networks or electronic communications services, the use of which is to be made subject to general authorisations or individual rights of use for radio frequencies;
Amendment 783 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c
Article 6a – paragraph 1 – subparagraph 1 – point c
(c) to harmonise procedures for the granting of general authorisations or individual rights of use for radio frequencies providing pan-European networks or electronic communications services or for numbers;
Amendment 787 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d
Article 6a – paragraph 1 – subparagraph 1 – point d
(d) to harmonise the conditions specified in Annex II relating to general authorisations or individual rights of use for radio frequencies providing pan-European networks or electronic communications services or for numbers;
Amendment 796 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f
Article 6a – paragraph 1 – subparagraph 1 – point f
(f) to lay down procedures for the selection of undertakings providing pan-European networks or electronic communications services to which individual rights of use for radio frequencies or numbers shawill be granted by the national regulatory authorities, where appropriate in accordance with the provisions of Article 6b.
Amendment 806 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6b – paragraph 1 – subparagraph 1
Article 6b – paragraph 1 – subparagraph 1
1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the Authority to make proposals for the selection of the undertaking(s) or undertakings providing pan-European networks or electronic communications services to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [...].
Amendment 807 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6b – paragraph 2
Article 6b – paragraph 2
2. Taking the utmost account of the opinion of the Authority, the Commission shall adopt a measure selecting the undertaking(s) or undertakings providing pan-European networks or electronic communications services to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).
Amendment 87 #
2007/0143(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) It is the practice in the Community that insurance companies sell life insurance products in relation to which the policy holders and beneficiaries contribute to the risk capital of the company in exchange for all or part of the return on the contributions. Those accumulated profits are surplus funds. Surplus funds are the property of the legal entity in which they are generated. Within the group support regime, they are not transferable to other legal entities of the group.
Amendment 98 #
2007/0143(COD)
Proposal for a directive
Recital 43
Recital 43
(43) It is necessary that the Minimum Capital Requirement is calculated in accordance with a simple formula, on the basis ofwhich is consistent with the risk-based approach and based on the data which can be audited.
Amendment 110 #
2007/0143(COD)
Proposal for a directive
Recital 70 a (new)
Recital 70 a (new)
(70a) All supervisors involved in group supervision should be able to understand the decisions made, in particular when those decisions are made by the group supervisor. It is necessary, therefore, that when it becomes available to one of the supervisors, the relevant information is immediately shared with the other supervisors, in order for all supervisors to be able to establish an opinion based on the same relevant information. In the event that the supervisors concerned cannot reach an agreement, qualified advice from the Committee of European Insurance and Occupational Pensions Supervisors should be sought to resolve the situation.
Amendment 124 #
2007/0143(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(3a) Articles 36, 37, 40 to 49, 50 to 55, 74 to 85, and 130 to 133 apply mutatis mutandis to institutions for occupational retirement provisions as defined in Article 2 of Directive 2003/41/EC.
Amendment 128 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. WFor the first three years after the date referred to in Article 310(1), without prejudice to Articles 5 to 10, this Directive shall not apply to insurance undertakings whose annual premium income does not exceed EUR 5 million.
Amendment 131 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 133 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 168 #
2007/0143(COD)
Proposal for a directive
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 178 #
2007/0143(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2 a (new)
Article 41 – paragraph 1 – subparagraph 2 a (new)
A function is an internal capacity to undertake practical tasks. How insurance and reinsurance undertakings implement the governance functions set out in Articles 43, 45, 46 and 47 is left to their discretion.
Amendment 181 #
2007/0143(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
1. Insurance and reinsurance undertakings shall have in place an effective risk management system comprising strategies, processes and reporting procedures necessary to identify, measure, monitor, manage and report, on a continuous basis the risks, on an individual and aggregated level, to which they are or could be exposed, and their interdependencies.
Amendment 186 #
2007/0143(COD)
Proposal for a directive
Article 44 – paragraph 1 – point c
Article 44 – paragraph 1 – point c
Amendment 188 #
2007/0143(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 190 #
2007/0143(COD)
Proposal for a directive
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 195 #
2007/0143(COD)
Proposal for a directive
Article 47 – paragraph 1 – point g
Article 47 – paragraph 1 – point g
Amendment 196 #
2007/0143(COD)
Proposal for a directive
Article 47 – paragraph 1 – point h
Article 47 – paragraph 1 – point h
Amendment 198 #
2007/0143(COD)
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The actuarial function shall be carried out by persons with sufficient knowledge of actuarial and financial mathematics and able where appropriate, to demonstrate their relevant experience and expertise with applicable professional and other standards.
Amendment 270 #
2007/0143(COD)
Proposal for a directive
Article 90
Article 90
In so far as authorised under national law, realisaccumulated profits appearing as surplus funds in the statutory annual accounts shall not be considered as insurance and reinsurance liabilities, to the extent that these surplus funds may be used to cover any losses which may arise and where they have not been made available for distribution to policyholders and beneficiariesthat have not been made available for distribution to policyholders and beneficiaries (surplus funds) shall not be considered as insurance and reinsurance liabilities, to the extent that they fulfil the criteria set out in Article 94(1).
Amendment 306 #
2007/0143(COD)
Proposal for a directive
Article 96 – point 3
Article 96 – point 3
(3) any future claims which Protection and Indemnity Associamutual or mutual-type associations with variable contributions may have against their members by way of a call for supplementary contributions, due within the financial yearnext 12 months, shall be classified in Tier 2.
Amendment 309 #
2007/0143(COD)
Proposal for a directive
Article 97 – paragraph 1 – subparagraph 1 – point a
Article 97 – paragraph 1 – subparagraph 1 – point a
Amendment 310 #
2007/0143(COD)
Proposal for a directive
Article 97 – paragraph 1 – subparagraph 1 – point b
Article 97 – paragraph 1 – subparagraph 1 – point b
Amendment 311 #
2007/0143(COD)
Proposal for a directive
Article 97 – paragraph 1 – subparagraph 1 – point c
Article 97 – paragraph 1 – subparagraph 1 – point c
(ca) a list of own fund items deemed to meet the criteria, set out in Article 93 and in point (b) of this paragraph, which contains for each own fund item a precise description of the features which determined its classification;
Amendment 313 #
2007/0143(COD)
Proposal for a directive
Article 97 – paragraph 1 – subparagraph 1 – point d
Article 97 – paragraph 1 – subparagraph 1 – point d
(db) the methods to be used by supervisory authorities, when approving the assessment and classification of own fund items which are not covered by the list referred to in point (ca).
Amendment 315 #
2007/0143(COD)
Proposal for a directive
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The Commission shall regularly review and, where appropriate, update the list referred to in point (ca) of paragraph 1 in the light of market developments.
Amendment 316 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 1 – introductory part
Article 98 – paragraph 1 – introductory part
Amendment 318 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 1 – point a
Article 98 – paragraph 1 – point a
Amendment 323 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 1 – point b
Article 98 – paragraph 1 – point b
Amendment 328 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
Amendment 335 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
Amendment 341 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. The eligible amount of own funds to cover the Solvency Capital Requirement set out in Article 100 shall be equal to the sum of the amount of Tier 1, the eligible amount of Tier 2 and the eligible amount of Tier 3. The proportion of Tier 1 items in the eligible own funds shall be higher than one third of the total eligible own funds.
Amendment 344 #
2007/0143(COD)
Proposal for a directive
Article 98 – paragraph 5
Article 98 – paragraph 5
5. The eligible amount of basic own funds to cover the Minimum Capital Requirement set out in Article 126 shall be equal to sum of the amount of Tier 1 and the eligible amount of basic own fund items classified in Tier 2.
Amendment 346 #
2007/0143(COD)
Proposal for a directive
Article 99 – paragraph 1
Article 99 – paragraph 1
The Commission shallmay adopt implementing measures laying down the specific limits applicable to Tiers and sub-tiers, where sub-tiers have been introducedrestricting Tier 2 and Tier 3 capital to the amounts that may be demonstrated to be necessary to provide an appropriate level of protection for policyholders.
Amendment 364 #
2007/0143(COD)
Proposal for a directive
Article 105 – paragraph 5 – subparagraph 1
Article 105 – paragraph 5 – subparagraph 1
5. The market risk module shall reflect the risk arising from the level or volatility of market prices of financial instruments which have an impact upon the value of the assets and liabilities of the undertaking. It shall properly reflect the structural mismatch between assets and liabilities, in particular with respect to the duration thereof.
Amendment 391 #
2007/0143(COD)
Proposal for a directive
Article 110 – paragraph 5
Article 110 – paragraph 5
5. Supervisory authorities shall give approval to the application only if they are satisfied that the systems of the insurance or reinsurance undertaking concerned for monitoring and managidentifying, measuring, monitoring, managing and reporting risk are adequate and in particular, that the internal model complies with the requirements referred to in paragraph 3.
Amendment 401 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point a
Article 127 – paragraph 1 – point a
(a) it shall be calculated in a clear and simple manner, and in such a way as to ensure that the calculation can be audited and verified before the courts;
Amendment 421 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point d a (new)
Article 127 – paragraph 1 – point d a (new)
(da) it shall be calculated independently of the Solvency Capital Requirement calculated in accordance with Chapter VI, Section 4, Subsection 3 (full and partial internal models);
Amendment 424 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point d b (new)
Article 127 – paragraph 1 – point d b (new)
(db) it shall be calculated in such a way that there is a sufficient disparity between the Minimum Capital Requirement and the Solvency Capital Requirement calculated in accordance with Chapter VI, Section 4, Subsection 2.
Amendment 427 #
2007/0143(COD)
2. With respect to the whole portfolio of assets, insurance and reinsurance undertakings shall only invest in assets and instruments whose risks the undertaking concerned can properly identify, measure, monitor, manage and, control and report.
Amendment 444 #
2007/0143(COD)
Proposal for a directive
Article 139 – paragraph 2
Article 139 – paragraph 2
Those measures shall reflect the level and duration of the deterioration of the solvency position of the insurance or reinsurance undertaking concerned and shall be proportionate to the risk posed to the protection of policyholders and beneficiaries.
Amendment 451 #
2007/0143(COD)
Proposal for a directive
Article 170 – paragraph 1 a (new)
Article 170 – paragraph 1 a (new)
1a. A decision referred to paragraph 1 can only enter into force after the third country concerned has recognised the Solvency regime laid down in this Directive equivalent to theirs (mutual recognition).
Amendment 496 #
2007/0143(COD)
Proposal for a directive
Article 208 – paragraph 1
Article 208 – paragraph 1
1. Member States shall ensure that insurance and reinsurance undertakings which conclude finite reinsurance contracts or carry on finite reinsurance activities are able to properly identify, measure, monitor, manage, control and report the risks arising from those contracts or activities.
Amendment 530 #
2007/0143(COD)
Proposal for a directive
Article 229 – paragraph 4
Article 229 – paragraph 4
4. Where the Committee of European Insurance and Occupational Pensions Supervisors has been consulted, the supervisory authorities concerned shall duly consider such advice before taking their joint decision. The group supervisor shall provide to the applicant the joint decision referred to in paragraph 2In the absence of a joint decision between the supervisory authorities concerned within six months from the date of receipt of the complete application by the group supervisor, the group supervisor shall request the CEIOPS, within a further ten weeks, to deliver non- binding advice, adopted by a qualified majority of its members, to all the supervisory authorities concerned. The group supervisor shall take a decision within three weeks of the transmission of that advice, taking full account thereof. The group supervisor's decision shall be set out in a document containing the fully reasons for thed decision and an explanation of any significant deviation from the positions adopted by the Committee of European Insurance and Occupational Pensions Supervisors. That joint decision shall be recognised as determinative and applied by tshall take into account the views of the other supervisory authorities concerned expressed within a six month period. The group supervisor shall provide its decision to the applicant and the other supervisory authorities concerned. The supervisory authorities concerned shall comply with the decision.
Amendment 575 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 3
Article 235 – paragraph 3
3. In the absence of a joint decision between the supervisory authorities concerned within six months, the group supervisor shall make its own decision on the application. The of the date of receipt of the complete application by the group supervisor, the group supervisor shall request the CEIOPS, within a further ten weeks, to deliver non-binding advice, adopted by a qualified majority of its members, to all the supervisory authorities concerned. The group supervisor shall take a decision within three weeks of the transmission of that advice, taking full account thereof. The group supervisor's decision shall be set out in a document containing the fully reasoned decisions and shall take into account the views and reservations of the other supervisory authorities concerned expressed within a six months period. The decision. The group supervisor shall be provided its decision to the applicant and the other supervisory authorities concerned by the group supervisor. That decision shall be recognised as determinative and applied by the supervisory authorities concerned.
Amendment 588 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 2
Article 236 – paragraph 2
2. Where the Solvency Capital Requirement of the subsidiary is calculated on the basis of an internal model approved at group level in accordance with Article 229 and the supervisory authority thavingt authorised the subsidiary considers that its risk profile deviates significantly from this internal model, and as long as that undertaking does not properly address the concerns of the supervisory authority, that authority may, in the cases referred to in Article 37, propose to the group supervisor to impose a capital add-on to the Solvency Capital Requirement of that subsidiary resulting from the application of such model, or, in exceptional circumstances where such capital add-on would not be appropriate, may propose to the group supervisor to require that undertaking to calculate its Solvency Capital Requirement on the basis of the standard formula. The supervisory authority shall communicate the grounds for such proposals to both the subsidiary and the group supervisor. Where the group supervisor agrees, the proposing supervisory authority shall either set the capital add-on to the Solvency Capital Requirement of that subsidiary in accordance with Article 37(2) to (5) or shall require that undertaking to calculate its Solvency Capital Requirement on the basis of the standard formula.
Amendment 614 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 4 – subparagraph 2
Article 236 – paragraph 4 – subparagraph 2
The group supervisor shall duly consider such advice before taking its final decision. The document of the group supervisor’s final decision shall be submitted to the subsidiary and the supervisory authorityby the supervisory authority that received that document containing the fully reasoned decision and an explanation of any significant deviation from the position of the proposing supervisory authority and from the advice of the CEIOPS by the group supervisor.
Amendment 634 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 2
Article 237 – paragraph 2
2. The group support shall take the form of a declaration tofrom the group supervisorparent undertaking to the subsidiary, expressed in a legally binding document, accepted by the group supervisor in accordance with paragraph 3, and constituting a commitment to transfer own funds eligible under Article 98(5), with the exception of surplus funds falling under Article 90.
Amendment 683 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 3
Article 238 – paragraph 3
3. Where the Solvency Capital Requirement is no longer fully covered by the combination of own funds eligible under Article 98(4) and the amount of group support declared in accordance with Article 237, and the own funds eligible under Article 98(5) are not sufficient to cover the minimum capital requirement, the supervisory authority may call on the parent undertaking to transfer own funds eligible under Article 98(5) to the extent necessary to ensure that the minimum capital requirement is again covered, andup to the limit of the group support resulting from the most recent declaration accepted. In addition, the supervisory authority may call on the parent undertaking to provide a new declaration bringing the group support to the amount necessary to ensure that the Solvency Capital Requirement is again fully covered.
Amendment 797 #
2007/0143(COD)
Proposal for a directive
Article 253 – paragraph 1 – subparagraph 2
Article 253 – paragraph 1 – subparagraph 2
With the objective of ensuring that those supervisory authorities, including the group supervisor, have the same amount of essential or relevant information available to them, without prejudice to their respective responsibilities, those authorities, whether or notand whether or not they are same issue established in the same Member State, the supervisory authorities shall provide one another with any essential or relevant information which mayavailable in order to allow orand facilitate the exercise of the supervisory tasks of the other authorities under this Directive. In this regard, the supervisory authorities concerned and the group supervisor shall communicate on request all relevant information and shall communicate on their own initiative all essential informationimmediately to one another all essential or relevant information when it becomes available. The information referred to in this subparagraph includes, but is not limited to, essential or relevant information about actions of the group and supervisors, and essential or relevant information provided by the group.
Amendment 817 #
2007/0143(COD)
Proposal for a directive
Article 311 – paragraph 1 a (new)
Article 311 – paragraph 1 a (new)
1a. Notwithstanding paragraph 1, references to Articles 27 and 28 of Directive 2002/83/EC in Article 17 of Directive 2003/41/EC shall continue to be read as references to those Articles.
Amendment 818 #
2007/0143(COD)
Proposal for a directive
Article 311 – paragraph 1 b (new)
Article 311 – paragraph 1 b (new)
1b. Article 311(1a) is repealed with effect from 31 December 2013. Until that date, the Commission shall take the necessary steps to ensure the application of the capital requirement provisions of this Directive to institutions for occupational retirement provision after the appropriate adjustments have been specified.
Amendment 20 #
2005/0283(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Mandatory application of criteria for the procurement of clean and energy efficient vehicles does not preclude the prioritisation of award criteria or the inclusion of other relevant award criteria. It also does not prevent the choice of retro- fitted vehicles upgraded for higher environmental performance.
Amendment 22 #
2005/0283(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The thresholds laid down in Directives 2004/17/EC and 2004/18/EC should apply.
Amendment 26 #
2005/0283(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The Member States and the Commission should continue to support urban transport initiatives, such as the CIVITAS and Intelligent Energy – Europe programmes.
Amendment 30 #
2005/0283(COD)
Proposal for a directive
Article 1
Article 1
This Directive requirecommends the inclusion of operational lifetime costs of energy consumption, CO2 emissions, and pollutant emissions as award criteriaguidance in the procurement of new road transport vehicles, by contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC or as criteriaguidance for the purchase of such vehicles by operators under contract, licence, permit or authorisation granted by public authorities, in order to promote clean and energy efficient vehicles. (This amendment concerning guidance applies to the whole text. Adoption of the amendment will necessitate corresponding changes throughout the text. The words 'award criteria', or 'criteria' when used to mean award criteria, should be replaced by the word 'guidance'. )
Amendment 31 #
2005/0283(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
For the purposes of this Directive: - 'road transport vehicle' means a vehicle covered by the vehicle categories listed in Table 3 of the Annex; - 'operators' as referred to in the first paragraph are operators who discharge public service obligations under a public service contract within the meaning of 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 road1. 1 OJ L 315, 3.12.2007, p. 1.
Amendment 33 #
2005/0283(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a The following road transport vehicles are excluded from the scope of this Directive: - specialised vehicles for operational support and infrastructure maintenance used in the public transport sector, - specialised vehicles for fire brigades, street cleaning and cleaning of sewage systems.
Amendment 34 #
2005/0283(COD)
Proposal for a directive
Article 2
Article 2
Procurement of clean and energy efficient vehicles vehicles 1. Member States shall ensure that, no later than from the date referred to in Article 7(1), the contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/ECArticle 1a use the methodology defined in Articles 2a and 3, whenever they apply operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions as award criteria for the procurement of new road transport vehicles. 2. Member States shall ensure that, no later than from 1 January 2012, all public procurement of new road transport vehicles by contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC includes operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions of road transport vehicles as award criteria, following the methodology defined in Articles 2a and 3. 3. Member States shall ensure that, no later than from 1 January 2012, all purchase of road transport vehicles for the provision of public passenger transport services under licence, permit or authorisation granted by public authorities includes operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions of new road transport vehicles as criteria, following the methodology defined in Articles 2a and 3.
Amendment 43 #
2005/0283(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Options when applying Articles 1 and 2 The requirements of Articles 1 and 2 shall be fulfilled according to the following options: (a) by setting technical specifications for energy and environmental performance in the documentation for the purchase of road transport vehicles on each of the impacts considered, as well as any additional environmental impacts; or (b) by considering energy and environmental impacts in the purchasing decision, whereby: - in cases where a procurement procedure is applied, this shall be done by using these impacts as award criteria; and - in cases where these impacts are monetised for inclusion in the purchasing decision, the methodology as set out in Article 3 shall be used.
Amendment 45 #
2005/0283(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory paragraph
Article 3 – paragraph 1 – introductory paragraph
1. For the purposes of this DirectiveArticle 2a(b), operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions linked to the operation of the new vehicles under procurement shall be monetised and calculated following the methodology set out in points (a), (b) and (c).
Amendment 61 #
2005/0283(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Financing instruments The Commission shall develop a European Climate Protection Fund, which shall be used, inter alia, to encourage the purchase of clean and energy efficient road transport vehicles by authorities and operators within the meaning of Article 1. The competent budgetary authorities shall set aside appropriate resources in the EU budget.
Amendment 82 #
2005/0281(COD)
Article 3 – point 13 a (new)
Amendment 85 #
2005/0281(COD)
Article 3 – point 14
14) "recovery" means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non -exhaustive list of recovery operations. Reprocessing shall only be recognised as recovery if it is designed to prepare the waste for subsequent recovery or reuse in accordance with Article 16 and it is certain in advance that all or nearly all of the reprocessed waste will always be recovered or reused;
Amendment 233 #
2005/0281(COD)
Annex I – point D 13 – footnote 2
∗∗ If there is no other D code appropriate, this can include preliminary opeparations prior to disposal including pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12. This also applies if, following preparation, application of a procedure listed in Annex II, points R 1 to R 11 is a possibility but not a certainty from the outset.
Amendment 234 #
2005/0281(COD)
Annex I – point D 15 a (new)
D 15a. Reprocessing not specified elsewhere in this Annex which results in final compounds or mixtures which are disposed of alternately by means of any of the operations numbered D 1 to D 15 or listed in Annex II.
Amendment 243 #
2005/0281(COD)
Annex II – point R 5 – footnote 3
Amendment 247 #
2005/0281(COD)
Annex II – point R 12 – footnote 4
**** If there is no other R code appropriate, this can include preliminary opeparations prior to recovery including pre-processing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackagconditioning, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11. To achieve this, application of such a procedure must not only be a possibility but a certainty from the outset.