912 Amendments of Edward CZESAK
Amendment 113 #
2018/2044(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaeda are financially self-reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following its territorial collapse in Syria and Iraq;
Amendment 635 #
2018/2044(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that while Member States remain first in line to respond to and prevent threats, a clear need exists to fully recognise the Security Union’s role in supporting themthe EU has an important role to play in coordination and sharing best practices, providing common solutions and adding value;
Amendment 699 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to establish and maintaior strengthen appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including specialised detection vehicles and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 717 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that terrorists have been known to start off in petty crime; iIs concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued for serious crime and radicalised individuals being released prematurely or on parole; therefore encourages Member States to organise their justice systems such as to ensure effective intervention vis-à-vis habitual offenders and sufficient dissuasiveness for such offenders;
Amendment 793 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 811 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplainimams in the EU, with accrediting theological education programmes integrating EU values; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to - practices of Islam that are compliant with EU values;
Amendment 852 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites to violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit; calls for all efforts to be made to track and/or identify sources of such literature;
Amendment 903 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Underlines that cyber space has a potential to become an important sphere of terrorist activities; calls on the Member States and all other relevant actors to include cyber defence in all aspects of counter terrorist operations and strategies;
Amendment 959 #
2018/2044(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to introduce a licensing system for chaplainimams accessing prisons, and calls on the Council, with support from the Commission, to draw up guidelines on this; calls on Member States to regularly evaluate and monitor the chaplainimams having access to prisons;
Amendment 995 #
2018/2044(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 1011 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 1111 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls onRecommends that the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including special funding;
Amendment 1117 #
2018/2044(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Calls onRecommends that Member States and European stakeholders to continue existing operational capabilities and enhance maximum effective cooperation in the fields of counter-terrorism and internal security;
Amendment 1130 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, if necessary with a stronger mandate;
Amendment 1235 #
2018/2044(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1307 #
2018/2044(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
Amendment 1354 #
2018/2044(INI)
Motion for a resolution
Paragraph 100 a (new)
Paragraph 100 a (new)
100 a. Reminds that sensitive data is also part of critical infrastructure in Member States and thus should be properly safeguarded from cyber attacks;
Amendment 1365 #
2018/2044(INI)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Recommends that the private sector be involved when devising programmes for the protection of critical infrastructure and soft targets, and highlights the need to develop public-private dialogues to this effect also in the cyber domain;
Amendment 227 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
Amendment 234 #
2018/0328(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By [date], each Member State shall nominate the entity to act as the National Coordination Centre for the purposes of this Regulation and notify it to the Commission and to the Governing Board.
Amendment 235 #
2018/0328(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. On the basis of an assessment concerning the compliance of that entity with the criteria laid down in paragraph 4, the CommissionGoverning Board shall issue a decision within 6 months from the nomination transmitted by the Member State providing for the accreditation of the entity as a National Coordination Centre or rejecting the nomination. The list of National Coordination Centres shall be published by the Commission.
Amendment 238 #
2018/0328(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The relationship between the Competence Centre and the National Coordination Centres shall be based on a standard contractual agreement signed between the Competence Centre and each of the National Coordination Centres. The agreement shall provide for the rules governing the relationship and division of tasks between the Competence Centre and each National Coordination Centres.
Amendment 277 #
2018/0328(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Governing Board shall be composed of one representative of each Member State, and fivone representatives of the Commission, on behalf of the Union.
Amendment 286 #
2018/0328(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission and the Member States may invite observers, including representatives of relevant Union bodies, offices and agencies, to take part in the meetings of the Governing Board as appropriate.
Amendment 291 #
2018/0328(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point d a (new)
Article 13 – paragraph 3 – point d a (new)
(da) assess the compliance of entity nominated by the Member State to act as a National Coordination Centre and to issue a decision providing for the accreditation of the entity or rejecting the nomination.
Amendment 298 #
2018/0328(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point s
Article 13 – paragraph 3 – point s
Amendment 309 #
2018/0328(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Union shall hold 250 % of the voting rights. The voting rights of the Union shall be indivisible.
Amendment 311 #
2018/0328(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Every participating Member State shall hold one vote.
Amendment 312 #
2018/0328(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Governing Board shall take its decisions by a majority of at least 75% of all votes, including the votes of the members who are absent, representing at least 75% of the total financial contributions to the Competence Centre. The financial contribution will be calculated based on the estimated expenditures proposed by the Member States referred to in point c of Article 17(2) and based on the report on the value of the contributions of the participating Member States referred to in Article 22(5).
Amendment 315 #
2018/0328(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Only the representatives of the Commission and the representatives of the participating Member States shall hold voting rights.
Amendment 317 #
2018/0328(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission and the Member States, following an open and transparent selection procedure.
Amendment 319 #
2018/0328(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) after consultation with the Governing Board, the Industrial and Scientific Advisory Board and the Commission, prepare and submit for adoption to the Governing Board the draft multiannual strategic plan and the draft annual work plan of the Competence Centre including the scope of the calls for proposals, calls for expressions of interest and calls for tenders needed to implement the work plan and the corresponding expenditure estimates as proposed by the Member States and the Commission;
Amendment 322 #
2018/0328(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point i
Article 17 – paragraph 2 – point i
Amendment 369 #
2018/0328(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
An administrative agreement may be concluded between the Competence Centre and the Member State [Belgium] in which its seat is located concerning privileges and immunities and other support to be provided by that Member State to the Competence Centre.
Amendment 42 #
2018/0254(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence technological and industrial capabilities to respond to security challenges, as well as to foster a competitive, innovative and efficient European defence industry throughout the Union. It proposed in particular to launch a European Defence Fund (the 'Fund') to support investments in joint research and the joint development of defence products and technologies, thus fostering synergies and cost-effectiveness, and to promote the Member States’ joint purchase and maintenance of defence equipment. This Fund would complement national funding already used for this purpose and should act as an incentive for Member States to cooperate and invest more in defence. The Fund would support cooperation during the whole cycle of defence products and technologies.
Amendment 48 #
2018/0254(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry throughout the Union, a European Defence Fund should be established. The Fund should aim at enhancing the competitiveness, innovation, efficiency and autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. To achieve more innovative solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps). In order to foster an open internal market, the Fund should facilitate the development of cooperation between new legal entities, and in particular the cross-border participation of SMEs and mid-caps.
Amendment 58 #
2018/0254(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. Every type of cooperation that includes legal entities from an associated country should also include at least two legal entities from two different Member States. At least three of these legal eligible entities established in at least two different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre- commercial procurement .
Amendment 66 #
2018/0254(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non- associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non-associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. The participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action.
Amendment 70 #
2018/0254(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specificities of the defence industry where demand comes almost exclusively from Member States and associated countries, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence sector is unique and does not follow the conventional rules and business models that govern more traditional markets. Industry therefore cannot undertake substantial self-funded defence Research and Development (R&D) projects and Member States and associated countries normally fully fund all R&D cost. To achieve the objectives of the Fund, notably to incentivise cooperation between companies from different Member States and associated countries, and taking into account the specifics of the defence sector, up tothe totality of the eligible costs should be covered for actions that take place ahead of the development of prototypes phase.
Amendment 71 #
2018/0254(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Projects with participation of cross-border SMEs and mid-caps support the opening up of the supply chains and contribute to the objectives of the Programme. Such actions should therefore be eligible for an increased funding rate benefitting all entities participating in the consortium.
Amendment 82 #
2018/0254(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this regulation on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the regulation on the ground. The Commission should carry out an interim evaluation no later than four years after the start of the Fund implementation and a final evaluation at the end of the implementation period of the Fund, examining the financial activities in terms of financial implementation results and to the extent possible at that point in time, results and impact. Thisese reports should also analyse the cross-border participation of SMEs and mid-caps in projects supported by the Fund as well as the participation of SMEs and mid-caps to the global value chain and should also contain information on the countries of origin of the recipients and, where possible, the distribution of the generated intellectual property rights. The Commission may also propose amendments to this Regulation to react on possible developments during the implementation of the Fund.
Amendment 87 #
2018/0254(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Fund is to foster the competitiveness, efficiency and innovation capacity of the European defence industry throughout the Union, by supporting collaborative actions and widening cross-border cooperation between legal entities throughout the Union, including SMEs and mid-caps as well as strengthening and improving the agility of both defence supply and value chains, bolstering new cross-border cooperation between legal entities and fostering the better exploitation of the industrial potential of innovation, research and technological development, at each stage of the industrial life cycle, thus contributing to the Union strategic autonomy. The Fund should also contribute to the freedom of action of the Union and its autonomy, in particular in technological and of defence products and technologies, thus contributing to the Union industrial termsautonomy.
Amendment 104 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 117 #
2018/0254(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Actions which are not ethically acceptable may be rejected or terminated at any time.
Amendment 123 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
Amendment 146 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, tThe action shall be undertaken in a cooperation with a consortium of at least three legal entities which are established in at least three different Member States and/or associated countries. Every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different Member States. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other.
Amendment 161 #
2018/0254(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) contribution to the security and defence interests of the Union in line with the priorities referred to in Article 3 paragraph 2 and, where appropriate, regional and international cooperative agreementss well as regional and international priorities, provided that they serve the Union’s security and defence interests and do not exclude the participation of any Member State;
Amendment 162 #
2018/0254(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) contribution to the creation of new cross-border cooperation between legal entities, in particular for SMEs and mid- caps which are established in Member States and/or associated countries other than those where the entities in the consortium which are not SMEs nor mid- caps are established;
Amendment 168 #
2018/0254(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) a consortiumn action shall benefit from a funding rate increased by the percentage points equivalent to the percentage of the total eligible costs allocated to SMEs established in a Member State or an associated country other than those in which the consortium members that are not SMEs or mid-caps are established in;
Amendment 170 #
2018/0254(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) a consortiumn action shall benefit from a funding rate increased by the percentage points equivalent to the quarter of the percentage of the total eligible costs allocated to mid-caps established in a Member State or an associated country other than those in which the other consortium members that are not SMEs or mid-caps are established in;
Amendment 185 #
2018/0254(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identifiedEU nationals from as broad a range of Member States as possible and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, universities, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] of the Financial Regulation, this list shall not be made public.
Amendment 97 #
2018/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Reflecting the importance of tackling climate change in line with Union’s commitments to implement the Paris Agreement, and the commitment to the United Nations Sustainable Development Goals, this Regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives18 . Actions under this Programme are expected to contribute 60% of the overall financial envelope of the Programme to climate objectives, based inter alia on the following Rio markers: i) 100% for the e. Expenditures relating to railway infrastructure, alternative fuels, clean urban transport, electricity transmission, electricity storage, smart grids, CO2 transportation and, renewable energy; ii) 40% for inland waterways and multimodal transport, and gas infrastructure - if enabling increased use of renewable hydrogen or bio-methane and gas infrastructure shall be considered as compliant with EU climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. In order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project's economic evaluation, projects supported by the Programme should be subject to climate proofing in accordance with guidance that should be developed by the Commission coherently with the guidance developed for other programmes of the Union where relevant. __________________ 18 COM(2018) 321, page 13 COM(2018) 321, page 13
Amendment 143 #
2018/0228(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to achieve the objectives laid down in the TEN-T guidelines, it is necessary to support with priority the cross-border links and, the missing links, bottlenecks and urban nodes and to ensure, where applicable, that the supported actions are consistent with the corridor work plans established pursuant to Article 47 of Regulation (EU) No 1315/2013 and to the overall network development regarding performance and interoperability.
Amendment 188 #
2018/0228(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to improve the completion of transport projects in less developed parts of the network, a Cohesion Fund allocation should be transferred to the Programme to finance transport projects in the Member States eligible for financing from the Cohesion Fund. In an initial phase and within a limit of 70% of the transferred envelope, the selection of projects eligible for financing should respect the national allocations under the Cohesion Fund. The remaining 30% of the transferred envelope should be allocated on a competitive basis to projects located in the Member States eligible for financing from the Cohesion Fund with priority to cross- border links and missing links. The Commission should support Member States eligible for financing from the Cohesion Fund in their efforts to develop an appropriate pipeline of projects, in particular by strengthening the institutional capacity of the public administrations concerned.
Amendment 244 #
2018/0228(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Innovative infrastructure technologies that enable the transition to a low carbon energy and mobility systems and improve security of supply are essential in view of the Union's decarbonisation agenda. In particular, in its Communication of 23 November 2017 "Communication on strengthening Europe's energy networks"28 , the Commission emphasised that the role of electricity, where renewable energy will constitute half of the electricity generation by 2030, will increasingly be driving the decarbonisation of sectors so far dominated by fossil fuels, such as transport, industry and heating and cooling and that accordingly, the focus under the trans- European energy infrastructure policy is increasingly on electricity interconnections, electricity storages and, smart grids projects and gas infrastructure investments. To support the Union's decarbonisation objectives, due consideration and priority should be given to technologies and projects contributing to the transition to a low carbon economy. The Commission will aim at increasing the number of cross-border smart grid, innovative storage as well as carbon dioxide transportation projects to be supported under the Programme. __________________ 28 COM(2017) 718
Amendment 283 #
2018/0228(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The positive results of the first Blending Call for proposals launched under the current programme in 2017, confirmed the relevance and added value of using EU grants for blending with financing from the European Investment Bank or National Promotional Banks or other development and public financial institutions as well as from private-sector finance institutions and private-sector investors, including through public private partnerships. The Programme should therefore continue to provide for dedicated Callsupport actions enabling combination between EU grants and other sources of financing by the dedicated Calls. In the transport sector Blending operations should not exceed 10% of the dedicated envelopes.
Amendment 366 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘cross-border section’ means the section which ensures the continuity of a project of common interest between the nearest urban nodes and on both sides of the border of two Member States or between a Member State and a neighbouring country or actions regarding port nodes of a Member State;
Amendment 473 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) In the energy sector, to contribute to the development of projects of common interest relating to further integration of the internal energy market, interoperability of networks across borders and sectors, facilitating decarbonisation and ensuring security of supply, and to facilitate cross- border cooperation in the area of renewable energy;
Amendment 562 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. As regards the amounts transferred from the Cohesion Fund, 30% of these amounts shall be made available immediately to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation, with priority to cross-border and missing links. U until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred. As of 1 January 2024, resources transferred to the Programme which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation.
Amendment 580 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Resources allocated to a Member States under shared management may, at theirits request, be transferred to the Programme, to be used as part of a proposal submitted by the Member State concerned and declared eligible by the Commission under a work programme procedure. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 632 #
2018/0228(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. By derogation from paragraph 1, local projects in the field of renewable energy can be eligible if they clearly demonstrate their positive impact on the cross border flows of electricity.
Amendment 676 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
(i) actions implementing the core network in accordance with Chapter III of Regulation (EU) No 1315/2013, including actions relating to urban nodes, maritime ports, airports, inland ports and rail-road terminals of the core network as defined at Annex II to Regulation (EU) No 1315/2013. Actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in Article 19 of this Regulation;
Amendment 757 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions supporting alternative fuels in accordance with Article 2 (1) of Directive 2014/94/EU
Amendment 826 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point -a (new)
Article 11 – paragraph 2 – point -a (new)
(-a) Member States.
Amendment 831 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The work programmeProposals areferred to in Article 19 may provide that only proposals eligible when submitted by one or more Member States or, with the agreement of the Member States concerned, by international organisations, joint undertakings, or public or private undertakings or bodies are eligibleestablished in a Member States.
Amendment 946 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 975 #
2018/0228(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) expenditure related to the purchase of land shall not be an eligible cost;
Amendment 985 #
2018/0228(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) eligible costs shall not include value added tax ("VAT").
Amendment 999 #
2018/0228(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the action has not started within onetwo year following the starting date indicated in the grant agreement;
Amendment 1096 #
2018/0228(COD)
Amendment 1133 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “North sea-Baltic”
Annex I – Part III – point 1 – table – Core network corridor “North sea-Baltic”
Amendment 401 #
2018/0225(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 4 – point a
Article 3 – paragraph 1 – point 4 – point a
(a) sharing excellencewidening participation, as described in Annex I, Part 'Strengthening the European Research Area', section 1;
Amendment 434 #
2018/0225(COD)
Proposal for a decision
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. For each mission, a mission board mayshould be established. It shall be composed of around 15 high level individuals, on per Member State, including relevant end-users' representatives. The mission board shall advise and representatives from industry, SMEs and civil-society. The mission board shall facilitate the decision making process and advise the European Commission upon the following:
Amendment 438 #
2018/0225(COD)
Proposal for a decision
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) content of work programmes and their revision as needed for achieving the mission objectives, in co-design with stakeholders and the public where relevant, work programmes will then be submitted to the Strategic Programme Committee for approval;
Amendment 445 #
2018/0225(COD)
Proposal for a decision
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) selection of expert evaluators, ensuring a balanced geographical composition of expert panels, briefing of expert evaluators and evaluation criteria and their weighting;
Amendment 471 #
2018/0225(COD)
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The Scientific Council shall be composed of scientists, engineers and scholars of the highest repute and appropriate expertise, of both women and men in different age groups, ensuring a balanced geographical distribution, ensuring a diversity of research areas and acting in their personal capacity, independent of extraneous interests.
Amendment 496 #
2018/0225(COD)
Proposal for a decision
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) ( a a) taking due account of the opinion of the specific Programme Committee;
Amendment 517 #
2018/0225(COD)
Proposal for a decision
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
The EIC Board shall be composed of 15 to 20one high level individuals per Member State drawn from various parts of Europe's innovation ecosystem, including entrepreneurs, corporate leaders, investors and researchers. It shall contribute to outreach actions, with EIC Board members striving to enhance the prestige of the EIC brand.
Amendment 520 #
2018/0225(COD)
Proposal for a decision
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
Their term of office shall be limited to two years, renewable twionce, with a rolling appointments system (half of the members appointexchanged every two years).
Amendment 626 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 1 – point 1.1 – paragraph 3
Annex I – part I – point 1 – point 1.1 – paragraph 3
The ERC supports the best researchers, putting special focus on young researchers, with flexible, long-term funding to pursue ground breaking, high- gain/high-risk research. It operates autonomously led by an independent Scientific Council made up of scientists, engineers and scholars of the highest repute and appropriate expertise and diversity. The ERC is able to draw on a wider pool of talents and ideas than would be possible for any national scheme, reinforcing excellence through the way in which the best researchers and the best ideas compete against each other.
Amendment 636 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 1 – point 1.2 – point 1.2.1 – paragraph 2 – indent 2
Annex I – part I – point 1 – point 1.2 – point 1.2.1 – paragraph 2 – indent 2
– Starting and young researchers with excellent ideas to make the transition to independence while consolidating their own research team or programme, including bridging activities from MSCA to the ERC (pre-ERC);
Amendment 670 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 2 – point 2.2 – point 2.2.1 – paragraph 2 – indent 1 a (new)
Annex I – part I – point 2 – point 2.2 – point 2.2.1 – paragraph 2 – indent 1 a (new)
- Mobility experiences directed towards countries underrepresented in the Framework Programme for the best or most promising researchers regardless of nationality to undertake excellent research and develop their skills as well as career in both the academic and non- academic sector.
Amendment 691 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 2
Annex I – part I – point 3 – point 3.1 – paragraph 2
The overall aim is to endow Europe with world-class sustainable research infrastructures open and accessible to all researchers in Europe and beyond, which fully exploit their potential for scientific advance and innovation. Key objectives are to reduce the fragmentation of the research and innovation ecosystem, avoiding duplication of effort, and better coordinate the development and use of research infrastructures, especially those financed from ESIF. It is crucial to support open access to research infrastructures for all European researchers as well as, through the European Open Science Cloud (hereafter 'EOSC'), increased access to digital research resources, specifically tackling the currently sub-optimal embracement of open science and open data practises. Equally, the EU needs to tackle the rapid increase of global competition for talent by attracting third country researchers to work with European world-class research infrastructures. Increasing the competitiveness of European industry is also a major objective, supporting key technologies and services relevant for research infrastructures and their users, thus improving the conditions for supply of innovative solutions.
Amendment 700 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 5
Annex I – part I – point 3 – point 3.1 – paragraph 5
And the international dimension of EU research infrastructures must be reinforced, through international access, fostering stronger cooperation with international counterparts and international participation in European research infrastructures for mutual benefit.
Amendment 704 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.2 – point 3.2.2 – paragraph 1
Annex I – part I – point 3 – point 3.2 – point 3.2.2 – paragraph 1
The research landscape will be significantly enhanced through ensuring openness to key international, national and regional research infrastructures for all EU researchers and integrating their services when necessaryresearch infrastructures for European importance and impact for all researchers from EU and worldwide and through integrating services of national or regional research infrastructures evincing the potential of European importance and impact so as to harmonise access conditions, improve and enlarge service provision and encourage common development strategy of high tech components and advanced services through innovation actions.
Amendment 721 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
Many of the challenges which confront the EU are also global challenges. The scale and complexity of the problems are vast, and need to be matched by the appropriate money, resources and effort in order to find solutions. These are precisely the areas where the EU must work togethall Member States must work together in an inclusive manner; smart, flexible and joined-up for the benefit and well-being of our citizens.
Amendment 779 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 1
People in vulnerable stages of life (birth, infancy, childhood, adolescence, pregnancy, mature and late adulthood), including people with disabilities or injuries, have specific health needs that require better understanding of their pathogenesis and tailored solutions. This will allow reducing related health inequalities and improving health outcomes to the benefit of active and healthy ageing throughout the life course, in particular through a healthy start of life reducing the risk of mental and physical diseases later in life.
Amendment 794 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 2 – indent 6
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 2 – indent 6
– Health education and credible digital health literacy.
Amendment 802 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – introductory part
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – introductory part
1.2.2. Biological, Environmental and Social Health Determinants
Amendment 807 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 1
Improved understanding of health drivers and risk factors determined by the biological determinants as well as social, economic and physical environment in people’s everyday life and at the workplace, including the health impact of digitalisation, pollution, climate change and other environmental issues, will contribute to identify and mitigate health risks and threats; to reducing death and illness from exposure to chemicals and environmental pollution; to supporting environmental-friendly, healthy, resilient and sustainable living and working environments; to promoting healthy lifestyles and consumption behaviour; and to developing an equitable, inclusive and trusted society.
Amendment 830 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 1
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 1
– Diagnostics for earlier and more accurate diagnosis, delay of the first symptoms and for patient-adapted treatment;
Amendment 839 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 4
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 4
– Treatments or cur, cures or other therapeutic strategies, including both pharmacological and nonpharmacological treatments;
Amendment 870 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 1
Health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life, health and care of people, in the EU. It is thus a key strategic challenge to design, develop, deliver and implement and monitor suitable, trustable, safe, and cost- effective tools and technologies for health and care, taking due account of the needs of people with disabilities and the aging society. These include artificial intelligence and other digital technologies, offering significant improvements over existing ones, as well as stimulating a competitive and sustainable health-related industry that creates high-value jobs. The European health-related industry is one of the critical economic sectors in the EU, accounting for 3% of GDP and 1.5 million employees.
Amendment 1121 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 2
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 2
– Breakthrough innovations using different enabling technologies (e.g. converging technologies, artificial intelligence, data analytics, industrial robotics, bio-manufacturing, advanced batmaterieals technologies) across the value chain;
Amendment 1233 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.8 – paragraph 2
Annex I – part II – point 3 – point 3.2 – point 3.2.8 – paragraph 2
Breakthrough technologies to achieve significant reductions in greenhouse gases and pollutants, often combined with the technologies for circular industry above, but also to the technologies of energy supply, energy systems, energy grids and energy storage, will lead to strong industrial value chains, revolutionise manufacturing capacities and improve the global competitiveness of industry; and at the same time make key contributions to our targets for climate action and environmental quality, by prioritising those sectors that are responsible for a higher share of global CO2 emissions, such as steel, chemicals and cement.
Amendment 1273 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 1
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 1
– European Global Navigation Satellite Systems (Galileo and EGNOS): innovative applications, global uptake including international partners, solutions improving robustness, authentication, integrity of services, development of methods of week signal processing; precise Microacelerometers for the scientific measurements and for a better position determination, development of fundamental elements such as chipsets, receivers and antennas, sustainability of supply chains, new technologies (e.g. quantum technologies, optical links, reprogrammable payloads), towards sustained exploitation of services for impact on societal challenges. Next generation systems development for new challenges such as security or autonomous driving;
Amendment 1279 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 3
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 3
– Space Situational Awareness: robust EU capacity to monitor and forecast state of the space environment e.g. space weather, space debris and near Earth objects, sensors and new service concepts, such as space traffic management, applications and services to secure critical infrastructure in space and on Earth;
Amendment 1281 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 7
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 7
– Space ecosystem: in-orbit validation and demonstration services, including rideshare services for light satellites; Air Breathing Ion Engines as an innovative way of satellites propulsion; space demonstrators in areas such as hybrid, smart or reconfigurable satellites, in-orbit manufacturing and assembly, launcher reusability, in-orbit servicing and micro-launchers; breakthrough innovations, and technology transfer, in areas such as recycling, green space, artificial intelligence, robotics, digitisation, cost-efficiency, miniaturisation;
Amendment 1283 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 8
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 8
– Space science: exploitation of scientific data delivered by scientific and exploration missions, combined with the development of innovative instruments in an international environment; radiation measurements, phenomena in upper atmosphere connected to space weather, microsatellites and High Altitude Platforms as a platform for scientific experiments or commercial services; contribution to precursor scientific missions for the evolution of the Space Programme.
Amendment 1311 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.1 – paragraph 7
Annex I – part II – point 4 – point 4.1 – paragraph 7
The issues faced by the transport and energy sectors go however beyond the need for emission reduction. There are several challenges to be tackled, including renewable fuels, energy storage and security of supply, the increasing penetration of digital and space-based technologies, changes in user behaviour and mobility patterns, new market entrants and disruptive business models, globalisation, increasing international competition and an older, more urban and increasingly diverse, population.
Amendment 1362 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.2 – paragraph 2 – indent 1
Annex I – part II – point 4 – point 4.2 – point 4.2.2 – paragraph 2 – indent 1
– Renewable energy technologies and other low-carbon solutions for power generation, heating and cooling, sustainable transport fuels and intermediate carriers, at various scales and development stages, adapted to geographic conditions and markets, both within the EU and worldwide;
Amendment 1381 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.2 – paragraph 2 – indent 3
Annex I – part II – point 4 – point 4.2 – point 4.2.2 – paragraph 2 – indent 3
– Technologies and solutions to reduce greenhouse gas emissions from fossil fuel-based power generation via CO2 capture, utilisation and storage (CCUS)various technologies including clean coal technologies enabling reduction of the whole spectrum of GHG.
Amendment 1389 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.3 – paragraph 1
Annex I – part II – point 4 – point 4.2 – point 4.2.3 – paragraph 1
Enabling easier cooperation of existing energy plants with renewables, taking into account local needs and conditions facilitating system integration and flexibility (working on high and low loads).The expected growth of variable electricity production and shift towards more electric heating, cooling and transport dictates the need for new approaches to manage energy grids. Next to decarbonisation, the goal is to ensure energy affordability, security and stability of supply, achieved through investments in innovative network infrastructure technologies and innovative system management. Energy storage in different forms will play a key role in providing services to the grid, also improving and reinforcing network capacities. Exploiting synergies between different networks (e.g. electricity grids, heating and cooling networks, gas networks, transport recharging and refuelling infrastructure, hydrogen infrastructure, and telecom networks) and actors (e.g. industrial sites, data centres, self- producers) will be crucial for enabling the smart, integrated operation of the relevant infrastructures.
Amendment 1411 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.3 – paragraph 2 – indent 4
Annex I – part II – point 4 – point 4.2 – point 4.2.3 – paragraph 2 – indent 4
– Network flexibility and synergies between the different energy sources, networks, infrastructures including existing ones, and actors;
Amendment 1435 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 7
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 7
– Energy performance of buildings monitoring and optimisation, including use of advanced building energy management systems;
Amendment 1441 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 9 a (new)
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 9 a (new)
- Social issues and the importance of behavioural change in energy consumption reduction and energy efficiency increase.
Amendment 1455 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.5 – paragraph 2 – indent 4 a (new)
Annex I – part II – point 4 – point 4.2 – point 4.2.5 – paragraph 2 – indent 4 a (new)
- Integrative municipal planning, harmonizing processes of spatial planning, mobility planning, smart city planning and other relevant planning processes, in order to increase energy efficiency and reduce carbon footprint in cities.
Amendment 1470 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.7 – paragraph 1
Annex I – part II – point 4 – point 4.2 – point 4.2.7 – paragraph 1
For the EU to reach its air quality, climate, and energy goals, including a 60% reduction in green-house gas emissions by 2050 as well as noise reduction, will require rethinking the whole mobility system including users, vehicles, fuels and infrastructures as well as new transport solutions. It will also require the deployment of low-emission alternative energies and market uptake of zero- emission vehicles/vessels/aircrafts. In addition to the harmful effects of greenhouse gas emissions, transport contributes significantly to poor air quality and noise in Europe with negative consequences for the health of citizens18 . Building on progress with electrification and the use of fuel cells for cars, buses and light duty vehicles it is essential to accelerate research and innovation solutions for other sectors such as aviation, rail sector as well as maritime and inland navigation and lorries. _________________ 18 Around one-third of EU citizens live in urban areas with concentration levels of pollutants above legal thresholds
Amendment 1481 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.7 – paragraph 2 – indent 2 a (new)
Annex I – part II – point 4 – point 4.2 – point 4.2.7 – paragraph 2 – indent 2 a (new)
- – Reaching nearly zero accidents and injuries in road transport;
Amendment 1501 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.9 – paragraph 2 – indent 2
Annex I – part II – point 4 – point 4.2 – point 4.2.9 – paragraph 2 – indent 2
– Batteries and the EU value chain, including design, large-scale battery cell production technologies, reuse and recycling methods, advanced materials solutions for energy storage;
Amendment 1817 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.1 – paragraph 3
Annex I – part III – point 1 – point 1.1 – point 1.1.1 – paragraph 3
In order to be fully open to broad-sweeping explorations, opportunities of serendipity and unexpected ideas, concepts and discoveries, the Pathfinder will be mainly implemented through a continuous open calland competitive open call with cut-off dates for bottom-up proposals. The Pathfinder will also provide for competitive challenges to develop key strategic objectives24 calling for deep-tech and radical thinking. Regrouping of selected projects into thematic or objective driven portfolios will allow establishing critical mass of efforts and structuring new multidisciplinary research communities. _________________ 24 These could include topics such as Artificial Intelligence, Quantum technologies, Biocontrol or Second generation digital twins, or any other topics identified in the context of the Horizon Europe Strategic programming (including with Member States’ networked programmes).
Amendment 1837 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 7
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 7
The Accelerator will mainly operate through a continuously open, competitive and bottom- up call with cut-off dates, targeting individual entrepreneurs (mainly start-ups and SMEs), with a particular attention paid to young and to women innovators. This open and bottom- up call will be complemented by targeted support for on emerging breakthrough or disruptive technologies of potential strategic significance. Proposals may also be submitted by investors, including public innovation agencies, but the support will be awarded to the company.
Amendment 1842 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 8
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 8
The Accelerator will allow for fast-track take-up of innovations stemming from Pathfinder-supported projects from the Pathfinder, from similar Member States 'advanced research programmes' and from other pillars of the EU Framework Programmes28 , in order to support them to reach the market. This identification of projects supported in other pillars of Horizon Europe and also previous Framework Programmes will be based on pertinent methodologies, such as the Innovation Radar. _________________ 28 Such as ERC Proof of Concept, from Such as ERC Proof of Concept, from projects supported under the 'Global Challenges and Industrial Competitiveness" Pillar, startups emerging from the KICs of the European Institute of Innovation and Technology, … Including from Horizon 2020 activities, particularly project selected under Horizon 2020 SME Phase 2 and related Seal of Excellence financed by Member States, (existing and future) European Partnerships.
Amendment 1864 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.2 – point 1.2.2 – paragraph 7
Annex I – part III – point 1 – point 1.2 – point 1.2.2 – paragraph 7
Programme managers will review Pathfinder and Accelerator’s projects, for each milestone or at relevant intervals, to assess and propose whether they should be continued, reoriented or terminated according to defined methods and procedures for project management. Such assessments may involve external experts. All programme managers’ proposals will be subject to the opinion of the Programme Committee under the examination procedure.
Amendment 1923 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – introductory part
Annex I – part 4 – point 1 – introductory part
1. SHARING EXCELLENCEWIDENING PARTICIPATION33 _________________ 33 A criterion based on research and innovation excellence will be used to define those Member States and Associated Countries where legal entities need to be established in order to be eligible to submit proposals as coordinators under 'sharing excellence'. This criterion will address the dimensions of the overall economic performance (GDP), research performance and innovation performance in a combined manner normalised to the size of the related countries. The countries identified with this criterion are called 'eligible countries' in the context of 'sharing excellence'. On the basis of Article 349 TFEU, legal entities from Outermost Regions will be also fully eligible as coordinators under 'sharing excellence'.
Amendment 1925 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 1
Annex I – part 4 – point 1 – paragraph 1
Reducing disparities in research and innovation performance by balancing participation of countries, sharing knowledge and expertise across the EU can only be attained by introducing horizontal measures across the Framework Programme translated into a political target. Those activities will help countries and regions that are lagging behind in terms of research and innovation performance, including the EU outermost regions, to attain a competitive position in the global value chains. Activities may also be established to foster brain circulation right across ERA and better exploitation of existing (and possibly jointly managed EU programmes) research infrastructures, especially those financed from ESIF, in the targeted countries through mobility of researchers and innovators.
Amendment 1929 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 2
Annex I – part 4 – point 1 – paragraph 2
Further action is therefore needed to counter the trend for closed collaborations, which can exclude large number of promising institutions, and to exploit the potential of the EU's talent pool by maximising and sharing the benefits of research and innovation across the EU. Fast-track take-up of projects stemming from 'Widening Participation' supported activities should be encouraged under Pillar II.
Amendment 1940 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 5
Annex I – part 4 – point 1 – paragraph 5
This intervention area will support the Horizon Europe specific objectives: Spread and connect excellence across the EU; Reinforce the creation of high quality knowledge; Increase cross-sectorial, cross- disciplinary cross-border cooperation. Build visibility and enhance capacity in the management of research and innovation. Widening Fellowships –development of this action will support the Horizon Europe in overcoming the disparities between different EU regions in cross- border mobility of researchers, and will help to reverse the disadvantageous brain circulation from the less-performing Member States to better performing ones. It will also increase the attractiveness of less-performing UE countries for the researchers and strengthen visibility of their research landscape
Amendment 1957 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 2 – paragraph 2 – indent 9
Annex I – part 4 – point 2 – paragraph 2 – indent 9
– Supporting international cooperation, through bilateral, multilateral and bi-regional policy dialogues with third countries, regions and international fora will facilitate mutual learning and priority setting, promote reciprocal access and monitor impact of cooperation; main focus in the Framework Programme should in the first place be put on a better involvement of all Member States;
Amendment 335 #
2018/0224(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Horizon Europe should foster responsible research and innovation as a cross-cutting element looking for building effective cooperation between science and society. Therefore, this Programme should involve all relevant actors such as researchers, citizens, policy makers, business, third sector organisations during the whole cycle of research and innovation process taking into account values, needs and expectations of citizens.
Amendment 508 #
2018/0224(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Rules governing the exploitation and dissemination of results should be laid down to ensure that beneficiaries protect, exploit, disseminate and provide access to those results as appropriate. More emphasis should be given to exploiting the results, in particular in the Union and/or Associated countries. Beneficiaries should update their plans regarding the exploitation and dissemination of their results during and after the end of the action.
Amendment 513 #
2018/0224(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The key elements of the proposal evaluation and selection system of the predecessor programme Horizon 2020 with its particular focus on excellence should be maintainedreassessed. Special attention should be devoted to widening participation in order to reduce the RDI divide within the Union. Proposals should continue to be selected based on the evaluation made by independent experts. Where relevant, the necessity to ensure the overall coherence of the portfolio of projects should be taken into account.
Amendment 537 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'open science' represents a new approach to the scientific process based on cooperative work and new ways of diffusing knowledge by using digital technologies and new collaborative tools;
Amendment 540 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) “responsible research and innovation” is characterised as a process for better aligning research and innovation with the values, needs and expectations of society, implying particularly close cooperation between all stakeholders in the following: science education, public engagement, access to research results and the application of new knowledge in full compliance with ethics considerations;
Amendment 568 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) 'citizen engagement' refers to activities, events, or interactions characterized by mutual learning—not one-way transmission from “experts” to publics—among people of varied backgrounds, scientific expertise, and life experiences who articulate and discuss their perspectives, ideas, knowledge, and values. Goals for science engagement in addition to mutual learning include civic engagement skills and empowerment, increased awareness of the cultural relevance of science, and recognition of the importance of multiple perspectives and domains of knowledge to scientific endeavours.
Amendment 579 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme’s general objective is to deliver scientific, economic and societal impact from the Union’s investments in research and innovation so as to strengthen the European scientific and technological bases ofthroughout the Union and foster its competitiveness, including in its industry, and by bolstering new cross-border cooperation between legal entities. These objectives should deliver on the Union strategic priorities, and contribute to tackling global challenges, including the Sustainable Development Goals.
Amendment 648 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to support research excellence, researcher mobility, fundamental and frontier research, European research collaboration and strengthening international collaboration and networking
Amendment 651 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to respond to societal needs and values by programming and developing responsible research and innovation, through the engagement and co-creation with citizens.
Amendment 654 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to reduce the RDI divide within the Union;
Amendment 657 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(db) to increase the motivation for researchers from less research and innovation intensive countries to take part in Horizon Europe.
Amendment 692 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point c
Article 4 – paragraph 1 – point 2 – point c
(c) cluster 'Digital and, Industry and Space';
Amendment 721 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) sharing excellencewidening participation;
Amendment 755 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The implementation of the specific programme29 shall be based on a transparent and strategic multiannual planning of research and innovation activities, in particular for the pillar 'Global Challenges and Industrial Competitiveness', following consultations with stakeholders, in particular those industries most challenged by climate policy objectives, about priorities and the suitable types of action and forms of implementation to use. This shall ensure alignment with other relevant Union programmes. __________________ 29 …
Amendment 791 #
2018/0224(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a The Programme shall ensure the effective widening participation of excellent research and scientific units from all the EU countries.
Amendment 792 #
2018/0224(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Amendment 850 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point f a (new)
Article 7 – paragraph 3 – point f a (new)
(fa) be inclusive and ensure a balanced engagement and participation of various types of stakeholders across the EU.
Amendment 853 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point f a (new)
Article 7 – paragraph 3 – point f a (new)
(fa) have the necessary scale, scope and wide mobilization of the resources required.
Amendment 878 #
2018/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) participation in and financial contribution to a programme of research and innovation activities specifying the objectives, key performance and impact indicators and outputs to be delivered, , based on the commitment of the partners for financial and in-kind contributions and integration of their relevant activities using a Programme co-fund action (Co-funded European Partnerships); financial contribution stemming from ESIF shall be allowed and perceived as national contributions;
Amendment 882 #
2018/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) participation in and financial contribution to research and innovation programmes undertaken by several Member States in accordance with Article 185 TFEU, or by bodies established pursuant to Article 187 TFEU, such as Joint Undertakings, or by the EIT Knowledge and Innovation Communities in compliance with the [EIT Regulation] (Institutionalised European Partnerships), to be implemented onlyspecifying the objectives, related commitments for financial and/or in-kind contributions of the partners, key performance and impact indicators, and outputs to be delivered, to be implemented only in the process of implementation of the missions (Art. 187) and where other forms of European Partnerships would not achieve the objectives or would not generate the necessary expected impacts, and if justified by a long-term perspective and high degree of integration including central management of all financial contributions.
Amendment 894 #
2018/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point c a (new)
Article 8 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) Dispose of a budget not exceeding 20% of the total Horizon Europe budget
Amendment 912 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in current prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
Amendment 974 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 3
Article 9 – paragraph 2 – point b – point 3
(3) EUR 15 000 000 000 for cluster 'Digital and Industry', Industry and Space'; including at least 25% for development of low-carbon technologies in energy-intensive industries in transition;
Amendment 1084 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Resources allocated to Member States under shared management and transferrable in accordance with Article 21 of Regulation (EU) XX […Common Provisions Regulation] may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible, tThose resources shall be used for the benefit of the Member State concerned.
Amendment 1112 #
2018/0224(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article [67] of Regulation (EU) XX [Common Provisions Regulation] and Article [8] or Regulation (EU) XX [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply except for the co- financing rate, where the co-financing rate of the Programme[Horizon Europe] shall apply and with the possible exceptions of the forms of grants and the eligibility rules where the rules of the Programme [Horizon Europe] may be applied if the granting authority so decides.
Amendment 1120 #
2018/0224(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement; 1a; __________________ 1a Subject to successful conclusion of negotiations with the UK on Association to HEU, the UK should be added to the States herein listed, and the agreement have retrospective effect from the beginning of the programme.
Amendment 1131 #
2018/0224(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) United Kingdom shall benefit from special status as associated country under Horizon Europe until the negotiations on the UK’s withdrawal from the EU are finalised.
Amendment 1175 #
2018/0224(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1180 #
2018/0224(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The following minimum conditions shall apply: (a) at least three legal entities shall participate in an action; (b) each of the three shall be established in a Member State or associated country; (c) no two of the three may be established in the same Member State or associated country; (d) all three legal entities shall be independent of each other.
Amendment 1206 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For all actions, except for EIC Pathfinder transition activities, the content of the calls for proposals shall be included in the work programme.
Amendment 1211 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
Amendment 1214 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point b
Article 20 – paragraph 4 – point b
Amendment 1244 #
2018/0224(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
Article 25 – paragraph 1 – point c a (new)
(ca) contribution to the creation of new cross-border cooperation between legal entities.
Amendment 1301 #
2018/0224(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The grant agreement mayshall establish milestones and related pre-financing installments. If milestones are not met, the action may be suspended, amended or terminated.
Amendment 1325 #
2018/0224(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Amendment 1329 #
2018/0224(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In addition to the criteria set out in Article 197 of the Financial Regulation, for beneficiaries with project-based remuneration, costs of personnel are eligible up to the equal remuneration that the person is paid for work in similar projects funded byand may be differentiating from national schemes.
Amendment 1348 #
2018/0224(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Beneficiaries having received Union funding shall use their best efforts to exploit their results, in particular in the Unionby priority in the Union and/or Associated countries. Exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with Article 36.
Amendment 1433 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 5 – indent 1
Article 43 – paragraph 5 – indent 1
– the proposal shall stem from any other action funded by Horizon 2020 or this Programme, or from a national programme similar to the EIC's Pathfinder and acknowledged as such by the Commission;
Amendment 1436 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 7 – subparagraph 2
Article 43 – paragraph 7 – subparagraph 2
The Commission may reject a proposal retained by independent experts for justified reasons, including compliance with the objectives of Union policies. subject to the opinion of the Programme Committee under the examination procedure.
Amendment 1439 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 11 – subparagraph 2
Article 43 – paragraph 11 – subparagraph 2
The Commission may decide to increase the EIC blended finance subject to a project review by external independent experts subject to the opinion of the Programme Committee under the examination procedure.
Amendment 1498 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – point a – introductory part
Annex I – point 1 – paragraph 1 – point a – introductory part
(a) European Research Council: Providing attractive and flexible funding to enable talented and creative individual researchers and their teams to pursue the most promising avenues at the frontier of science, on the basis of Union-wide competitionregardless of their nationality and country of origin and on the basis of competition based solely on the criterion of excellence.
Amendment 1506 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – point c – introductory part
Annex I – point 1 – paragraph 1 – point c – introductory part
(c) Research Infrastructures: Endowing Europe with world-class sustainable research infrastructures which are open, and accessible to the best researchers from Europe and beyond. Encouraging the use of existing research infrastructures, including those financed from ESIF. In so doing the potential of the infrastructure to support scientific advance and innovation, and to enable open science, will be enhanced, alongside activities in related Union policy and international cooperation.
Amendment 1572 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point c – paragraph 1
Annex I – point 2 – paragraph 4 – point c – paragraph 1
Areas of intervention: Manufacturing technologies; Digital technologies; Advanced materials; Artificial intelligence and robotics; Next generation internet; High performance computing and Big Data; Circular industries; Low carbon and clean industry; Space; Raw Materials.
Amendment 1577 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point d – introductory part
Annex I – point 2 – paragraph 4 – point d – introductory part
(d) Cluster 'Climate, Energy and Mobility': Fighting climate change by better understanding its causes, evolution, risks, impacts and opportunities, and by making the energy and transport sectors more integrated and cooperative, more climate and environment-friendly, more efficient and competitive, smarter, safer and more resilient.
Amendment 1582 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point d – paragraph 1
Annex I – point 2 – paragraph 4 – point d – paragraph 1
Areas of intervention: Climate science and solutions; Energy supply; Energy systems and grids; Buildings and industrial facilities in energy transition; Communities and cities; Industrial competitiveness in transport; Clean, safe, automated and integrated transport and mobility; Smart mobility; Energy storage.
Amendment 1595 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Areas of intervention: Environmental observation; Biodiversity and natural capital; Agriculture, forestry and rural areas; Sea and oceans; Food systems; Bio- based innovation systems; Circular systems; Social innovation in rural areas.
Amendment 1616 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 3 – paragraph 1 – point b – paragraph 1
Annex I – point 3 – paragraph 1 – point b – paragraph 1
Areas of intervention: Connecting with regional and national innovation actors and supporting the implementation of joint cross-border innovation programmes by Member States and associated countries, from the enhancement of soft skills for innovation to research and innovation actions, to boost the effectiveness of the European innovation system. This will complement the ERDF support for innovation eco-systems and interregional partnerships around smart specialisation topics.
Amendment 1631 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – paragraph 1
Annex I – point 4 – paragraph 1
Through the following activities, this part will, in line with Article 4, optimise the Programme's delivery for increased impact within a strengthened European Research Area. It will also support the Programme's other specific objectives as described in Article 3. While underpinning the entire Programme, this part will support activities that contribute to attracting talent, fostering brain circulation, a more knowledge-based and innovative and gender-equal Europe, at the front edge of global competition, thereby optimising national strengths and potential across Europe in a well- performing European Research Area (ERA), where knowledge and a highly skilled workforce circulate freely, where the outcomes of R&I are understood and trusted by informed citizens and benefit society as a whole, and where EU policy, notably R&I policy, is based on high quality scientific evidence.
Amendment 1637 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – paragraph 2
Annex I – point 4 – paragraph 2
Areas of intervention: Sharing ExcellenceWidening Participation; Reforming and enhancing the European R&I system.
Amendment 1660 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a – paragraph 1
Annex III – paragraph 1 – point 1 – point a – paragraph 1
In the case of institutionalised European Partnerships established in accordance with Article 185 TFEU, the participation of at least 50% of the EU Member States, which are affected by this partnership or have stakes with regard to the objectives of this partnership, is mandatory;
Amendment 1674 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point e – paragraph 1
Annex III – paragraph 1 – point 1 – point e – paragraph 1
In the case of institutionalised European Partnerships, the financial and/or in-kind, contributions from partners other than the Union, will at least be equal to 50% and may reach up to 75% of the aggregated European Partnership budgetary commitments. For each institutionalised European Partnership, a share of the contributions from partners other than the Union will be in the form of financial contributions.
Amendment 1681 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point e a (new)
Annex III – paragraph 1 – point 1 – point e a (new)
(e a) (new) Opinion of Member States via the Strategic Programme Committee on the proposed new partnerships and modification of existing ones;
Amendment 1687 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point d
Annex III – paragraph 1 – point 2 – point d
(d) Legally binding commitments, in particular for in-kind or financial contributions, from each partner throughout the lifetime of the initiative;
Amendment 1696 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) Dedicated reporting on quantitative and qualitative leverage effects, including on financial andor in-kind contributions, visibility and positioning in the international context, impact on research and innovation related risks of private sector investments.
Amendment 1697 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 a (new)
Annex III – paragraph 1 – point 3 a (new)
3 a) Detailed information on results from calls for proposals available and accessible in a common-database.
Amendment 1698 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) Evaluation of impacts achieved at Union and national level in relation to defined targets and key performance indicators, feeding into the Programme evaluation set out in Article 47, including an assessment of the most effective policy intervention mode for any future action; and the positioning of any possible renewal of a European Partnership in the overall European Partnerships landscape and its policy priorities, following the opinion of Member States via the Strategic Programme Committee;
Amendment 1734 #
2018/0224(COD)
Proposal for a regulation
Annex IV – point 14 – point c
Annex IV – point 14 – point c
(c) the Innovation Fund and Invest EU fund may, subject to fulfilment of its selection and award criteria and without prejudice to the possibility of accessing to calls for proposals under Horizon Europe, support the demonstration phase of eligible projects that may have received the support from the Framework Programmes for research and innovation .
Amendment 1735 #
2018/0224(COD)
Proposal for a regulation
Annex IV – point 15 a (new)
Annex IV – point 15 a (new)
15 a. Synergies with any Important Projects of Common European Interest (IPCEI) will ensure that: (a) Arrangements for complimentary funding from IPCEI can be used for value chains of "strategic importance for Europe" to support activities on climate protection under the clusters “digital and industry” and “climate, energy and mobility”. (b) IPCEI may, subject to fulfilment of its selection and award criteria, support the demonstration phase of eligible projects and their infrastructural requirements that may have received the support from the Framework Programmes for research and innovation.
Amendment 91 #
2018/0197(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 134 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) developing smart energy systems, grids and storage at local level;
Amendment 195 #
2018/0197(COD)
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. By way of derogation from paragraph 4 of this Article, Cohesion Fund resources allocated to supporting the specific objectives set out in point (b) of Article 2.1 may be counted towards achieving the minimum shares set out in points (b)and (c) of the paragraph 4 of this Article.
Amendment 215 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 220 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
Amendment 224 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 8 #
2018/0166R(APP)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a clear methodology for the presentation of figures, preferably on the basis of constant prices;
Amendment 35 #
2018/0166R(APP)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underline the need to maintain the adequate and clear budget of 13 billion for the European Defence Fund to boost the growth and the competitiveness of European defence industries;
Amendment 54 #
2018/0166R(APP)
7. RDeeply regrets that its call for the creation of an energy transition fund for coal- intensive regions under the new multiannual financial framework (MFF) was not reflected in the new MFF proposal; reiterates its appeal for ambitious additional funds to be provided exclusively to support energy transition in these regions;
Amendment 68 #
2018/0166R(APP)
Draft opinion
Paragraph 9
Paragraph 9
9. Underlines the need for a legally binding and compulsoryNotes the possibility to have MFF mid-term revision if necessary; believes that Parliament’s involvement should be ensured in any revision of the MFF.
Amendment 85 #
2018/0082(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Special attention should be paid to the protection of the identity of complainants and other victims of practices if the authority pursues the obligation under Article 6(e) of the Directive.
Amendment 108 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterpriseagricultural and food products, as well as to the services related to those products, by a supplier to a buyer.
Amendment 126 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 135 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable agricultural and food products” means fgood products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfits that rapidly decay due to their natural characteristics; in particular in the absence of appropriate storage conditions.
Amendment 138 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) “unfair trading practice” means any practice that: - is not conducted in good faith and fair dealing, in formal and informal arrangements; - is unilaterally imposed by one trading partner on another under duress; - imposes or attempts to impose a significant imbalance of rights and obligations on the supplier in the commercial relationship.
Amendment 171 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a supplier signs a supply agreement under duress or accepts a change to it under duress;
Amendment 175 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) sharing or misuse, intentionally or by negligence, of confidential information provided by the supplier to the buyer, such as the content of the agreement or trade secrets shared by the supplier with the buyer.
Amendment 224 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties. Member States may adopt stricter rules regarding the prohibitions laid down in paragraphs 1 and 2.
Amendment 237 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall address a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is establishedsupplier is established. The authority thus addressed shall conduct proceedings.
Amendment 255 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In its decision terminating proceedings, the enforcement authority responsible shall, at its own discretion, adopt the conduct best tailored to guarantee the rights of the parties to the proceedings. This could include, inter alia: an indication of exemplary victims, or of all victims; a presentation of an abstract model or a description only of the relation to a single supplier, while keeping its data confidential.
Amendment 261 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Member States shall ensure that the enforcement authority is properly equipped and shall encourage the proper and fair functioning of the agricultural and food supply chain in the Union. It shall confer on it the following powers:
Amendment 269 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement. The enforcement authority shall take into account any previous infringements relating to this Directive and administer more weighty punishments for repeat offenders;
Amendment 282 #
2018/0082(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The enforcement authorities shall meet at least once per year to discuss the application of this Directive on the basis of the annual reports referred to in Article 9(1) and best practices in the area it covers. The Commission shall facilitate those meetings and shall issue, within 12 months of the date of entry into force of this Directive, binding guidelines on this cooperation as regards the obligation for bilateral or multilateral exchange of information for the purposes of market research and proceedings.
Amendment 299 #
2018/0082(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by six12 months after the entry into force of the Directive at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 300 #
2018/0082(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
They shall apply those provisions from 128 months after entry into force of this Directive.
Amendment 22 #
2017/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the ecodesign criteria to be broadened to include resource efficiency, the circular economy and health; considers it necessary to combine resource efficiency and circularity of materials with continuous energy savings; stresses that energy should be considered a key resource and that products should be optimised for both energy consumption and material use; believes that focusing on the criteria of durability, upgradability, reparability and recyclability will also provide a unique opportunity for job development; highlights that additional regulations regarding components and sub-assemblies installed in products, for which ecodesign requirements are provided for, should be avoided;
Amendment 4 #
2017/2084(INI)
Motion for a resolution
Recital A
Recital A
A. whereas research and innovation constitute a distinct dimension of the EU’s Energy Union, with energy R&D&I a key driver of the EU’s industrial leadership, global competitiveness, sustainable growth and job creation, as well as of the EU’s overall energy security, by reducing dependence on energy imports through an effective use of indigenous energy resources;
Amendment 20 #
2017/2084(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the energy transition will drastically impact the employment in some regions of the European Union, Member States are responsible for their energy mix as stipulated by provisions of Article 194 TFEU, and therefore may foster the use of their indigenous resources;
Amendment 38 #
2017/2084(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication setting the framework for accelerating the EU’s clean energy innovation; stresses the need to develop a coherent plan taking into account the necessary level of security of supply of Member States and the competitiveness of European industries;
Amendment 71 #
2017/2084(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission and the Member States to put in place mechanisms for coordinating EU and national research and energy innovation programmes in order to foster synergies and avoid duplication, to ensure the most effective use of existingindigenous resources and infrastructure in all Member States, and to maximise the market uptake of new technologies and innovations across all EU regions; believes that including relevant information in national energy and climate plans could be conducive to that aim;
Amendment 45 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that funding should be guaranteed for the new industrial policy strategy so that the EU can become the world leader in innovation, digitisation and delow-carbonisation economy; calls for the necessary financial programme to be safeguarded through a dedicated investment programme that facilitates the development of a comprehensive industrial strategy;
Amendment 53 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the next MFF period should make provision for adequate EU funding, including structural and investment funds, in order to deepen the integration of the EU energy market, especially for key energy infrastructure projects such as projects of common interest (PCIs); Reiterates that the next MFF should include initiatives in support of coal mining regions to reduce the social impact of the energy transition in these regions;
Amendment 96 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the importance of completing the digital single market by making full use of spectrum, 5G and internet connectivity, by achieving the free flow of data in the European Union and by making further progress on EU telecom rules;
Amendment 8 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls to restore the original annual profile of the budget lines for Horizon 2020 and CEF that were cut for the provisioning of the EFSI Guarantee Fund; reminds that during the EFSI negotiations the Parliament called to reduce as much as possible the negative impact on these two programmes; is Isconcerned that the proposed extension of EFSI may again weaken Horizon 2020 and CEF;
Amendment 17 #
2017/2044(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the goals of the Digital Single Market need to be achieved to promote digital inclusion for our economy, public sector and our people and that for this, legislative initiatives such as WIFI4EU are crucial;calls on the Commission to provide sufficient funding for related budget lines and to keep its investment commitment for WIFI4EU between 2017 and 2020;
Amendment 70 #
2017/0312(NLE)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) New recital (1) The scope for the financing of the Euratom Research and Training Programme 2019-2020 should be maintained and reflect the 2014-2018 Programme. This is of paramount importance to maintain continuity in on- going projects and investments, including those crucial for the Fusion Roadmap. It is also essential to reflect and ensure continuity in the funding decisions agreed for this programme under the current Multiannual Financial Framework. The adoption of the Basic Act will facilitate and ensure the continuation of those projects which contribute to the long-term aims of the European Union, including the Fusion Road Map.
Amendment 78 #
2017/0312(NLE)
Proposal for a regulation
Recital 2
Recital 2
(2) Nuclear research can contribute to social and economic prosperity and environmental sustainability by improving nuclear safety, security and radiation protection. Equally important is the potential contribution of nuclear research to the long term decarbonisation of the energy system in a safe, efficient and secure way.
Amendment 79 #
2017/0312(NLE)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In regards to Brexit, existing collaboration on common research programmes, especially on nuclear research, should be continued with the United Kingdom.
Amendment 90 #
2017/0312(NLE)
Proposal for a regulation
Recital 6
Recital 6
(6) Notwithstanding the potential impact of nuclear energy on energy supply and economic development, severe nuclear accidents may endanger human health. Therefore, nuclear safety and, where appropriate, security aspects dealt with by the Joint Research Centre (the 'JRC') should be given the greatest possible attention in the Euratom Programme.
Amendment 101 #
2017/0312(NLE)
Proposal for a regulation
Recital 9
Recital 9
(9) While it is for each Member State to choose whether or not to make use of nuclear power, it is also acknowledged that nuclear energy plays different roles in different Member States, for instance in the field of health.
Amendment 132 #
2017/0312(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Euratom Programme is to pursue nuclear research and training activities with an emphasis on continuous improvement of nuclear safety, security and radiation protection, notably to potentially contribute to the long-term decarbonisation of the energy system in a safe, efficient and secure way. The general objective shall be implemented through the activities specified in Annex I in the form of direct and indirect actions which pursue the specific objectives set out in paragraphs 2 and 3 of this Article.
Amendment 143 #
2017/0312(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) promoting innovation, technology leadership and industrial competitiveness;
Amendment 165 #
2017/0312(NLE)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) countries or territories, such as the United Kingdom, associated to the Seventh Euratom Framework Programme or the Euratom Research and Training Programme 2014-2018.
Amendment 180 #
2017/0312(NLE)
Proposal for a regulation
Annex I – paragraph 2
Annex I – paragraph 2
Nuclear power constittributes an element in the debate on combating climate change and reducing Europe's dependence on imported energyto combating climate change. In the broader context of finding a sustainable energy-mix for the future, the Euratom Programme will also contribute through its research activities to the debate on the benefits and the limitations of nuclear fission energy for a low-carbon economy. Through ensuring continuous improvement of nuclear safety, more advanced nuclear technologies could also offer the prospect of significant improvements in efficiency and use of resources and producing less waste than current designs. Nuclear safety aspects will receive the greatest possible attention.
Amendment 190 #
2017/0312(NLE)
Proposal for a regulation
Annex I – paragraph 6 – point a – paragraph 2
Annex I – paragraph 6 – point a – paragraph 2
In line with the general objective, support to joint research activities concerning the safe operation and decommissioning of reactor systems (including fuel cycle facilities) in use in the Union or, to the extent necessary in order to maintain broad nuclear safety expertise in the Union, those reactor types which may be used in the future, focusing exclusively on safety aspects, including on all aspects of the fuel cycle such as partitioning and transmutation.
Amendment 24 #
2017/0294(COD)
Proposal for a directive
Recital 4
Recital 4
(4) To take account of the previous lack of specific Union rules applicable to gas pipelines to and from third countries, Member Statesthe Commission should be able to grant derogations from certain provisions of Directive 2009/73/EC to such pipelines which are completed atbefore the date of entry into force of this Directiveadoption of this proposal. The relevant date for the application of unbundling models other than ownership unbundling should be adapted for gas pipelines to and from third countries after the approval by the Commission. No derogation from the provisions of Directive 2009/73/EC should be granted to gas pipelines to and from third countries, which are subject to any EU restrictive measures, such as economic sanctions.
Amendment 46 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/73/EC
Article 2 – point 17
Article 2 – point 17
(17) ‘interconnector’ means a transmission line which crosses or spans a border between Member States for between Member States and third countries up to the border of Union jurisdictionthe sole purpose of connecting the national transmission systems of those Member States or a transmission line between Member States and third countries up to the border of Union jurisdiction, including territorial waters and exclusive economic zones of the Member States;
Amendment 62 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2009/73/EC
Article 9 – paragraph 8 – subparagraph 1 – point b
Article 9 – paragraph 8 – subparagraph 1 – point b
(b) as regards infrastructure to and from third countries between the border of Union jurisdiction and the first interconnection point with the Union network, where the transmission system belonged to a vertically integrated undertaking on [PO: date of adoption of this proposal];. Such decision shall be subject to approval by the Commission.
Amendment 65 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2009/73/EC
Article 9 – paragraph 9 – point b
Article 9 – paragraph 9 – point b
(b) as regards infrastructure to and from third countries between the border of Union jurisdiction and the first interconnection point with the Union network, where the transmission system belonged to a vertically integrated undertaking on [PO: date of adoption of this proposal].; Such decision shall be subject to approval by the Commission.
Amendment 91 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2009/73/EC
Article 36 – paragraph 3 – second sentence
Article 36 – paragraph 3 – second sentence
Amendment 110 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/73/EC
Article 49 – paragraph 9 – subparagraph 1
Article 49 – paragraph 9 – subparagraph 1
In respect of gas pipelines to and from third countries completed before [PO: date of entry into force of this Directive],adoption of this proposal], the competent authority of the Member States may decide toapply to the Commission for a temporary derogateion from Articles 9, 10, 11 and 32 and Article 41(6), (8) and (10) for the sections of such pipelines between the border of Union jurisdiction and the first interconnection point, provided that the third country is not subject to any EU restrictive measures, such as economic sanctions and the derogation would not be detrimental to competition on or the effective functioning of the internal market in natural gas in the Union, or the security of supply in the Union. Within a period of three months from the day following the receipt of an application, the Commission shall take a decision on whether to grant a derogation in accordance with the above conditions, as well as with the core objectives of the Energy Union. That three-month period may be extended by additional three months where further information is sought by the Commission.
Amendment 123 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/73/EC
Article 49 – paragraph 9 – subparagraph 2
Article 49 – paragraph 9 – subparagraph 2
The derogation shall be limited in time and may be subject to conditions which contribute to the achievement of the above conditions. The derogation may be granted for a period not exceeding 5 years.
Amendment 127 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/73/EC
Article 49 – paragraph 9 – subparagraph 3
Article 49 – paragraph 9 – subparagraph 3
Where the gas pipeline in question is located in the jurisdiction of more than one Member State, the Member State in the jurisdiction of which the first interconnection point is located shall decide on amay apply to the Commission for a temporary derogation for the pipeline.
Amendment 129 #
2017/0294(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/73/EC
Article 49 – paragraph 9 – subparagraph 4
Article 49 – paragraph 9 – subparagraph 4
Amendment 134 #
2017/0294(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [PO: one yearthree months after the date of entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 56 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainwhere possible and in accordance with operational and safety requirements.
Amendment 102 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 106 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption.;
Amendment 107 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) domestic rail passenger services where such exemption was granted under the Regulation (EC)No 1371/2007 for period no longer than until 3 December 2024.
Amendment 113 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 10, 11 and 25 and Chapter V, 20, 21(1) and 25 shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
Amendment 130 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival at the final station of destination arrival scheduled in the timetable and real-time arrival at destination. In case of delays which are announced to passengers at least two weeks in advance of the train departure the passengers are not entitled to compensation in accordance with article 17;
Amendment 141 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011.
Amendment 154 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 Regulation 1300/2014, and before their implementation, decisions to discontinue services either permanently or temporarily . __________________ 31Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 165 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXXRegulation 1300/2014 and Regulation 454/2011 .
Amendment 207 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care e must be considered as having as mandy compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation basedntracts of transport as tickets, if he was informed of such fact, through the applicable general conditions of transport or any other adequate means as chosen by the carrier, and if he was made aware by the carrier or by the ticket vendor or the tour operator on behalf onf the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendorcarrier, of the concrete consequences regarding his rights to information, assistance, care and compensation in case of a delay.
Amendment 215 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated ion the ticket or tickets representing single transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 235 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger. The complaint procedure is governed by Article 28 of this Regulation.
Amendment 277 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXXRegulation 1300/2014, on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board.
Amendment 281 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall always be done without extra costs, irrespective of the communication channel being used.
Amendment 285 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 286 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXXRegulation 1300/2014, is displayed in accordance with the access rules referred to in Article 20(1) regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility.
Amendment 294 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance in staffed stations shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 329 #
2017/0237(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. When selling tickets for journeys by rail, railway undertakings, station managers , ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. In addition, they shall provide a notice on the ticketinformation, in either paper or electronic format or by any other means, including in accessible formats for persons with disabilities and persons with reduced mobility in accordance with the requirements laid down in Directive XXX. That notice shallRegulation 1300/2014 that specifyies where such information can be obtained in the event of cancellation, missed connection or long delay.
Amendment 331 #
2017/0237(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements in Directive XXXRegulation 1300/2014, at the station and on the train, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31.
Amendment 345 #
2017/0237(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
This Regulation shall enter into force 48 mon the twenties after the day following thate of its publication in the Official Journal of the European Union.
Amendment 44 #
2017/0228(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Data value chains are built on different data activities: data creation and collection; data aggregation and organisation; data storage and processing; data analysis, marketing and distribution; use and re-use of data. The effective and efficient functioning of data storage and other processing is a fundamental building block in any data value chain. However, such effective and efficient functioning and the development of the data economy in the Union are hampered, in particular, by two types of obstacles to data mobility and to the internal market.
Amendment 47 #
2017/0228(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The freedom of establishment and the freedom to provide services under the Treaty on the Functioning of the European Union apply to data storage or other processing services, including porting of data. However, the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory.
Amendment 49 #
2017/0228(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Free Flow of Data within Europe will contribute to realizing data-driven growth and innovation. Like businesses and consumers, public administrations will benefit from an increased freedom of choice regarding data-driven service providers. It should be clear that public administrations themselves are not allowed either to make any unjustified data localization restrictions when they make use of the data-services of private parties. In order to stimulate Free Flow of Data public administrations of Member States should lead by example by using data-services all over Europe regarding non-personal data.
Amendment 52 #
2017/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Such obstacles to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of Member States to locate data in a specific geographical area or territory for the purpose of storage or other processing. Other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the Union, such as requirements to use technological facilities that are certified or approved within a specific Member State. Legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data storage or other processing.
Amendment 56 #
2017/0228(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the same time, data mobility in the Union is also inhibited by private restrictions: legal, contractual and technical issues hindering or preventing users of data storage or other processing services from porting their data from one service provider to another or back to their own IT systems, not least upon termination of their contract with a service provider.
Amendment 60 #
2017/0228(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to create a framework for the free movement of non-personal data in the Union and the foundation for developing the data economy and enhancing the competitiveness of European industry, it is necessary to lay down a clear, comprehensive and predictable legal framework for storage or other processing of data other than personal data in the internal market. A principle-based approach providing for cooperation among Member States as well as self-regulation should ensure that the framework is flexible so that it can take into account the evolving needs of users, providers and national authorities in the Union. In order to avoid the risk of overlaps with existing mechanisms and hence to avoid higher burdens both for Member States and businesses, detailed technical rules should not be established.
Amendment 62 #
2017/0228(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to legal or natural persons who provide data storage or other processing services to users residing or having an establishment in the Union, including those who provide services in the Union without an establishment in the Union.
Amendment 64 #
2017/0228(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation lays down high- level rules relating to the development of self-regulatory model of the porting of data which are interoperability, open standards and mutual recognition of certification schemes based on European Standards improving their comparability, and is without prejudice to REGULATION (EC) No 765/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.
Amendment 70 #
2017/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with and this Regulation provide a coherent set of rules that cater for the free movement of different types of data. In practice most data sets held by companies contain bothe protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasonsersonal and non-personal data, therefore the Regulation (EU) 2016/679 should be applied to the personal data part of the set, and this Regulation should be applied to the non-personal data part of the set. In the case of non-personal and personal data in the set are inextricably linked and cannot be technically unbundled, this Regulation should, without prejudice to the Regulation (EU) 2016/679, apply to whole set. Without prejudice to this Regulation, the Regulation (EU) 2016/679 should not be applied to abuse the interest of Member States in bringing down in practice any barriers to the flow of non- personal data.
Amendment 84 #
2017/0228(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to data storage or other processing in the broadest sense, encompassing the usage of all types of IT systems, whether located on the premises of the user or outsourced to a data storage or other processing service provider. It should cover data processing of different levels of intensity, from data storage (Infrastructure- as-a-Service (IaaS)) to the processing of data on platforms (Platform-as-a-Service (PaaS)) or in applications (Software-as-a- Service (SaaS)). These different services should be within the scope of this Regulation, unless data storage or other processing is merely ancillary to a service of a different type, such as providing an online marketplace intermediating between service providers and consumers or business users.
Amendment 92 #
2017/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they are justified based on the grounds of public security, as defined by Union law, in particular Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States should not be able to invoke justifications other than public security.
Amendment 100 #
2017/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, in order to eliminate potential existing barriers, during a transitional period of 12 months, Member States should carry out a review of existing national laws, regulations or administrative provisions of a general nature laying down data localisation requirements and notify to the Commission, together with a justification, any data localisation requirement that they consider being in compliance with this Regulation. These notifications should enable the Commission to assess the compliance of any remaining data localisation requirements.
Amendment 103 #
2017/0228(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the transparency of data localisation requirements in the Member States for natural and legal persons, such as providers and users of data storage or other processing services, Member States should publishdetails of such requirements on a single online information point and regularly update the information on such measuresor should provide such details to a Union-level information point established under another Union act. Member States should regularly update this information. In order to appropriately inform legal and natural persons of data localisation requirements across the Union, Member States should notify to the Commission the addresses of such online points. The Commission should publish this information on its own website, along with a consolidated list of data localisation requirements in force in Member States.
Amendment 107 #
2017/0228(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Data localisation requirements are frequently underpinned by a lack of trust in cross-border data storage or other processing, deriving from the presumed unavailability of data for the purposes of the competent authorities of the Member States, such as for inspection and audit for regulatory or supervisory control. Therefore, this Regulation should clearly establish that it does not affect the powers of competent authorities to request and receive access to data in accordance with Union or national law, and that access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another Member State. Furthermore, this regulation should not affect the powers of competent authorities to adopt regulation that ensures authorities online access to data held abroad.
Amendment 108 #
2017/0228(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Natural or legal persons who are subject to obligations to provide data to competent authorities can comply with such obligations by providing and guaranteeing effective and timely electronic access to the data to competent authorities, regardless of the Member State in the territory of which the data is stored or otherwise processed. Such access may be ensured through concrete terms and conditions in contracts between the natural or legal person subject to the obligation to provide access and the data storage or other processing service provider.
Amendment 110 #
2017/0228(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a request for assistance entails obtaining access to any premises of a natural or legal person including to any data storage or other processing equipment and means, by the requested authority, such access must be in accordance with Union or Member State procedural law, including any requirement to obtain prior judicial authorisation. Obtaining data from a private entity from another Member State through the central contact point cannot be used to circumvent the EU and international legal aid regulations.
Amendment 113 #
2017/0228(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The ability to port data without hindrance is a key facilitator of user choice and effective competition on markets for data storage or other processing services. The real or perceived difficulties to port data cross- border also undermine the confidence of professional users in taking up cross-border offers and hence their confidence in the internal market. Whereas natural persons and consumers benefit from existing Union legislation, the ability to switch between service providers is not facilitated for users in the course of their business or professional activities.
Amendment 117 #
2017/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self- regulation, encouraged and, facilitated and monitored by the Commission, in the form of Union codes of conduct which may entail model contract terms. Nonetheless, if such codes of conduct are not put in placeThe Commission should evaluate the development and effectively implemented within a reasonable period of time, the Commission should review the situationation of these codes of conduct.
Amendment 121 #
2017/0228(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Enhancing trust in the security of cross-border data storage or other processing should reduce the propensity of market players and the public sector to use data localisation as a proxy for data security. It should also improve the legal certainty for companies on applicable security requirements when outsourcing their data storage or other processing activities, including to service providers in other Member States.
Amendment 122 #
2017/0228(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Any security requirements related to data storage or other processing that are applied in a justified and proportionate manner on the basis of Union law or national law in compliance with Union law in the Member State of residence or establishment of the natural or legal persons whose data is concerned should continue to apply to storage or other processing of that data in another Member State. These natural or legal persons should be able to fulfil such requirements either themselves or through contractual clauses in contracts with providers.
Amendment 125 #
2017/0228(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Security requirements set at national level should be necessary and proportionate to the risks posed to the security of data storage or other processing in the area in scope of the national law in which these requirements are set.
Amendment 126 #
2017/0228(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Directive 2016/114841 provides for legal measures to boost the overall level of cybersecurity in the Union. Data storage or other processing services constitute one of the digital services covered by that Directive. According to its Article 16, Member States have to ensure that digital service providers identify and take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which they use. Such measures should ensure a level of security appropriate to the risk presented, and should take into account the security of systems and facilities, incident handling, business continuity management, monitoring, auditing and testing, and compliance with international standards. These elements are to be further specified by the Commission in implementing acts under that Directive. _________________ 41 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 129 #
2017/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should periodically reviewsubmit a report on the implementation of this Regulation, in particular with a view to determining the need for modifications in the light of technological or market developments.
Amendment 138 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation shall apply to the storage or other processing of electronic data other than personal data in the Union, which is
Amendment 152 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Amendment 153 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
2a. ‘processing’ means any operation or set of operations which is performed on data or on sets of data in electronic format, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Amendment 154 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘provider’ means a natural or legal person who provides data storage or other processing services;
Amendment 155 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5. ‘data localisation requirement’ means any obligation, prohibition, condition, limit or other requirement provided for in the laws, regulations or administrative provisions of the Member States, which imposes the location of data storage or or practices of Member States and its emanations, including those related to public procurement, which imposes ther processing of data in the territory of a specific Member State or hinders storage or other processing of data in any other Member State;.
Amendment 156 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
6. ‘competent authority’ means an authority of a Member State that has the power to obtain access to data stored or processed by a natural or legal person for the performance of its official duties, as provided for by national or Union law;
Amendment 159 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘user’ means a natural or legal person, including a public authority or body, using or requesting a data storage or other processing service;
Amendment 162 #
2017/0228(COD)
8. ‘professional user’ means a natural or legal person, including a public sector entity, using or requesting a data storage or other processing service for purposes related to its trade, business, craft, profession or task.
Amendment 170 #
2017/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall immediately notify to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in the national law implementingArticles 5, and 7 of Directive (EU) 2015/1535.
Amendment 171 #
2017/0228(COD)
3. Within By ... [12 months after the start of applicationdate of entry into force of this Regulation], Member States shall ensure that any data localisation requirement that is not in compliance with paragraph 1 ishas been repealed. IBy ... [12 months after the date of entry into force of this Regulation] if a Member State considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force, it shall notify that measure to the Commission, together with a justification for maintaining it in force.
Amendment 172 #
2017/0228(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall make the details of any data localisation requirements applicable in their territory publicly available online via a single information point which they shall keep up-to-date, or via a Union-level information point established under another Union act if and when available.
Amendment 174 #
2017/0228(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall inform the Commission of the address of their single information point referred to in paragraph 4. The Commission shall publish the links to such points on its website, along with a consolidated list of all data localisation requirements referred to in paragraph 4, which it shall regularly update.
Amendment 184 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a request for assistance entails obtaining access to any premises of a natural or legal person including to any data storage or other processing equipment and means, by the requested authority, such access must be in accordance with Union or Member State procedural law.
Amendment 190 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitate the development of self- regulatory codes of conduct at Union level, in order to define guidelines on best practices in facilitating the switching of providers and to ensure thatcontribute to a competitive data economy, based on they provide professional users with sufficiently detailed, clear and transparent information beforinciple of interoperability and taking due a ccountract for data storage and process of open standards, covering, is concluded, as regardsnter alia, the following issueaspects:
Amendment 195 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the processes, technical requirements, timeframes and charges that apply in case a professional user wants to switch to anotherbest practices in facilitating the switching of provider ors; and port ing data back to its own IT systems, including the processes and location of any data back-up, the available datain a structured, open standards and machine-readable formats and supports, the required IT configuration and minimum network bandwidth; the time required prior to initiating the porting process and the time during which the data will remain available for porting; and the guarantees for accessing data in the case of the bankruptcy of the providerllowing sufficient time for the user to switch or port the data; and
Amendment 200 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the operminimum informational requirements to switch or port data in a structured, commonly used and machine-readableensure that professional users are provided with sufficiently detailed, clear and transparent information before a contract for data processing is concluded, regarding the processes, technical requirements, timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own IT systems, including the processes and location of any data back-up, the available data formats allowing sufficient time for the user to switch or port the data.nd supports, the required IT configuration and minimum network bandwidth; the time required prior to initiating the porting process and the time during which the data will remain available for porting; and the guarantees for accessing data in the case of the bankruptcy of the provider; and
Amendment 202 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) certification schemes for data processing products and services, facilitating the comparability of quality of these products and services. Such schemes may include inter alia quality management, information security management, business continuity management and, environmental management.
Amendment 221 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than [53 years after the date mentioned in Article 10(2)], the Commission shall carry out a review of this Regulation and presenpublication of this Regulation, the Commission shall submit a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, evaluating the implementation of this Regulation.
Amendment 51 #
2017/0125(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence capabilities to respond to security challenges, as well as to foster a competitive and, innovative and balanced European defence industry. It proposed in particular to launch a European Defence Fund to support investment in joint research and the joint development of defence equipment and technologies. The Fund would support cooperation during the whole cycle of defence product and technology development.
Amendment 59 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, and to strengthen Member States' strategic defence capabilities in cooperation with NATO, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry. By supporting the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 TFEU and it does not cover the production of defence products and technologies.
Amendment 66 #
2017/0125(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) To better exploitcreate an efficient European defence industry and to make better use of economies of scale in, the defence industryProgramme should allow for the full potential of all European actors to be utilised. Therefore, the Programme should support the cooperation between undertakings in the development of defence products and technologies and facilitate the development of cooperation between new partners.
Amendment 108 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least three undertakings based in at least twohree different Member States.
Amendment 116 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Given that the aim of the Programme is to enhance the overall competitiveness of the Union's defence industry, it is important to apply the research and industrial potential of all Member States. The Programme takes into account the economic and social differences in the development of entities that form the defence industry, which had an impact on the present level of integration within the sector and the particular characters of the entities, such as their ownership structure. Therefore, an undertaking established in the Union but controlled by non-EU States or by non-EU entities would be eligible provided that this would not contravene the security and defence interests of the Union and of all Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU and if the Member State, where the entity is located, provides other Member States with sufficient guaranties thereof. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 135 #
2017/0125(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purpose of this regulation any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed, is considered an undertaking. To qualify, no intention to earn profits is required, nor are public bodies by definition excluded1a. __________________ 1aCommission Notice on the concept of undertakings concerned under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings.
Amendment 149 #
2017/0125(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, andThe EU-NATO Declaration stressed the importance of delivering key capabilities and addressing critical shortfalls through project in such areas as preserving critical infrastructure, strengthening resilience against hybrid and cyber threats. Other EU and NATO documents suggest a need for developing strategic transport as well. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. In order to avoid duplication of actions, and given the joint commitment to develop coherent, complementary, and interoperable defence capabilities of EU Member States and NATO Allies as expressed in the Warsaw Declaration in 2016, NATO-led initiatives, as well as other regional and international cooperation programmes serving the Union security and defence interest, may alsowill be taken into account in defining the defence capability priorities by Member States and in the award procedure.
Amendment 158 #
2017/0125(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Meeting the objectives of this programme requires the application of the research and industrial potential of all Member States. Therefore, it is necessary to avoid a concentration of cooperation in the defence industry, which would lead to the emergence of closed networks of partners that exclude the potential of undertakings from other regions. In this way, the Programme reflects on the lessons learned from other EU programmes such as the Horizon 2020, which strengthened existing relationships within the groups of old partners and excluded newcomers from consortia, as evidenced by uneven distribution of the programme’s funding. Therefore, contribution of project to development of cooperation between new partners should be taken into account in the award criteria.
Amendment 160 #
2017/0125(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the funded actions will contribute to the competitiveness of the European defence industry, they should be market-oriented and demand driven. Therefore, the fact that Member States have already committed to jointly produce and procure the final product or technology, possibly in a coordinated way, should be taken into account in the award criteria. Given the economic significance of non-EU exports for European defence undertakings and its impact on their capabilities and investment decisions, the commitment of non-EU countries to purchase the final product or technology should serve as an award criterion on the condition that the export of the product or the technology in question does not contravene the security and defence interests of the Union and all Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU. The EU export control regime governed by Council Regulation (EC) No 428/2009 and the Common Position should apply accordingly.
Amendment 176 #
2017/0125(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should establish a multiannual work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of Member States (hereinafter referred to as Programme Committee), as close cooperation between governments (as sole customers) as well as industries (as main suppliers) and R&T organisations from different Member States is crucial for the success of the Programme. In light of the Union policy on Small and Medium Enterprises (SMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans-national collaboration, it is of importance that the work programme will reflect and enable such cross-border participation of SMEs and that therefore a proportion of the overall budget will benefit such action. This proportion of the overall budget should also include middle capitalisation companies (mid-caps), which, for the purpose of this regulation and without prejudice to post-2020 decisions, should be understood as entities having a number of employees up to 3000, where the staff headcount is calculated in accordance with Articles 3 - 6 of Title I of the Annex to the Commission Recommendation 2003/361/EC and which are not SMEs. However, the inclusion of middle capitalisation companies (mid- caps) to this proportion of the overall budget should be without prejudice to the financial support granted to SMEs.
Amendment 190 #
2017/0125(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from its expertise in the defence sector and to facilitate complementarity between projects carried out on the European and NATO levels, the European Defence Agency and NATO will be given the status of an observers in the committee of Member States. The European External Action Service should also assist in the committee of Member States.
Amendment 198 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an interim progress report by the end of the first year of implementation and an implementation report at the end of the Programme, examining and evaluating the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross border participation of SMEs and middle capitalisation companies (mid- caps) in projects under the Programme as well as their participation of SMEs to the global value chain. The report will also include information on the origin of beneficiaries under the Programme. The future Programme will take into account the findings of the reports from previous years as well as of the Pilot Project and Preparatory Action, in particular the contribution of the Programme to the security of all Member States and its impact on innovation and technological development as well as on balancing of defence industries across all Member States.
Amendment 212 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and, innovation capacity and balance of the Union defence industry by supporting actions in their development phase of defence technologies or products;
Amendment 218 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) to facilitate a balanced development of the European defence industry by supporting the creation of new networks of cross-border cooperation between undertakings;
Amendment 219 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to support and leverage the cooperation between undertakings, including small and medium-sized enterprises and middle capitalisation companies (mid-caps), in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union, which reflect other relevant regional and international cooperation initiatives, primarily those carried out in the NATO context;
Amendment 258 #
2017/0125(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Union's financial assistance shall be implemented by the Commission as provided for by Regulation (EU, Euratom) No 966/2012 directly or indirectly by entrusting budget implementation tasks to the European Defence Agency or to entities listed in Article 58(1) (c) of that Regulation.
Amendment 286 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 309 #
2017/0125(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 344 #
2017/0125(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Eligible Entities 1. Beneficiaries shall be undertakings established in the Union. 2. The beneficiaries’ and their subcontractors’ infrastructure, facilities, assets and resources used for the purposes of the actions funded under the Programme shall be located on the territory of the Union during the entire duration of the action, and their executive management structures shall be established in the EU. 3. For the purposes of the actions funded under the Programme, the beneficiaries and their subcontractors shall not be subject to control by non-EU States or by non-EU entities. 4. By way of derogation from paragraph 3, an undertaking established in the Union but controlled by non-EU States or by non-EU entities would be eligible under the condition that this would not contravene the security and defence interests of the Union and all Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU and that the Member State where the entity is located provides to other Member States sufficient guaranties thereof. Undertakings which are engaged in defence industry cooperation with the third states which are under a sanctions regime by the EU or otherwise undermine European security, or which are directly or indirectly controlled by entities from the third states which are under a sanctions regime by the EU or otherwise undermine European security should not be eligible for participation. 5. If there are no competitive substitutes readily available in the EU, and if this usage would not contravene the security and defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries. When performing an eligible action, beneficiaries and their subcontractors may also cooperate with undertakings established outside the territory of EU Member States or controlled by non-EU states or non-EU entities, if this would not contravene the security and defence interests of the Union and its Member States. 6. Beneficiaries shall provide before the signature of the funding agreement all relevant information necessary for the assessment of the eligibility criteria. 7. If the beneficiary, as defined in paragraph 1, is developing an action, as defined in Article 6, in the context of Permanent Structured Cooperation, it shall be eligible for the increased funding referred to in Article 11(2) in respect of that action.
Amendment 370 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) contribution to the security and defence interests of the Union and commitments undertaken in the context of NATO cooperation by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by Member States within the Union; and,
Amendment 374 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) contribution to a balanced development of European defence industry by creation of new networks of cross-border cooperation between undertakings;
Amendment 388 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(ea) for actions described in points (b) to (e) of Article 6(1), the contribution to the competitiveness of the European defence industry through the demonstration by the beneficiaries that non-EU countries have committed to procure the final product or technology.
Amendment 447 #
2017/0125(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by independent expertexperts representing all Member States on the basis of the award criteria of Article 10.
Amendment 451 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency and NATO shall be invited as observers.
Amendment 57 #
Amendment 61 #
2017/0087(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 91, 100, 114, 192, 194(2) and 337 thereof,
Amendment 63 #
2017/0087(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 3(3) of Treaty on European Union (TEU), the establishment of an internal market is one of the main objectives to be reached by the Union in cooperation with the Member States. Pursuant to Article 26(1) of the Treaty on the Functioning of the European Union (TFEU), the Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market. Under Article 26(2) TFEU, the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. The internal market has generated new opportunities and economies of scale for European undertakings, has created jobs, has offered greater choice at lower prices for consumers and has enabled European citizens to live, study and work in the Union. Despite all the progress made, significant difficulties in the establishment and functioning of the internal market remain and European citizens and undertakings are unable to reap the full benefits of the internal market. In certain cases, suboptimal information affecting the action by the Commission on the application of Union law in the area of the internal market increases the risk of the emergence of difficulties to trade in the internal market resulting from uncoordinated national enforcement activities or multifarious development of national regulatory solutions to those problems.
Amendment 67 #
2017/0087(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions, which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides not only for a framework in which the Commission can collect information from undertakings and associations of undertakings, but also for measures to enforce the requests for information. Therefore, while taking fully into account the fact that the Commission derives its power to collect information directly from the Treaty, this Regulation should be based, in addition to Article 337 TFEU, on the provisions of Articles 43(2), 91, 100, 192 and 194(2) TFEU and also of Article 114 TFEU, which provides for the adoption of measures necessary for the establishment and functioning of the internal market, including where differences between national rules are such as to obstruct the fundamental freedoms or where it is necessary to prevent the emergence of difficulties in the establishment and functioning of the internal market.
Amendment 74 #
2017/0087(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Undertakings and associations of undertakings recognize the importance of the well-functioning internal market, which has been proved by their willingness to cooperate with the Commission. As evidenced by numerous cases, undertakings and associations of undertakings respond to the requests of the Commission to provide also information on a voluntary basis. Nevertheless, it shall be noted, that such tool may prove useful in case when well- targeted and timely information is needed in order to prove the existence of infringement vis-à-vis à Member States.
Amendment 75 #
2017/0087(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The introduction of the Single Market Information Tool does not aim to gather confidential business-related information from undertakings and association of undertakings for the purpose of creating new policies.
Amendment 78 #
2017/0087(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 81 #
2017/0087(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Where detailed, comparable, up- to-date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request undertakings and associations of undertakings to directly provide it, in a timely manner, with comprehensive, accurate and reliable quantitative and qualitative market information where other sources of information have proven unavailable, insufficient or inadequate. To this effectBefore requesting information, the Commission should first adopt a decision stating why other means to obtain the necessary information have proven ineffective. It is understood that the notion of undertaking has the same meaning as in other areas of EU law, in particular competition law.
Amendment 90 #
2017/0087(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For this investigative tool to be effective, theIn order to minimise costs of replying to requests for information, sought should relate to the application of relevant Union law. This may consist, for example, of factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers. It may also consist ofuch requests should only cover information that is likely to be at the disposal of the undertakings’ or associations of undertakings’ fact-based analysis of the functioning of the internal market, such as in relation to perceived regulatory and entry barriers or to costs of cross-border operations. In order to minimise costs of replying to requests for information, such requests should only cover information that is likely to be concerned (its ‘raw data’). The Commission cannot request information that needs to be aggregated according to specific criteria, spans a long period of time or goes significantly back in time, ats the disposal of the undertaking or association of undertakings concernedis may prove unduly burdensome.
Amendment 97 #
2017/0087(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Commission should only be allowed to request undertakings and associations of undertakings to deliver pre-existing documents and the answers to purely factual questions.
Amendment 98 #
2017/0087(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) As enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union and confirmed by the Court of Justice of the European Union, undertakings and association of undertakings have right for the protection against self-incrimination. Therefore, the right not to give evidence against oneself or the right of silence shall be granted to all undertakings and the associations of undertakings without exception, regardless the area of the internal market and the nature of information requested by the Commission.
Amendment 99 #
2017/0087(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 100 #
2017/0087(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at solving a presumed, i.e. based on the available information, serious problem with the application of Union law in the areas of the internal market, agriculture and fisheries (excluding the conservation of marine biological resoupporting the Commission´s actual findings in infringement procedurces), transport, environment and energy. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. Accordingly, sanctions provided for in the instrument are designed to address exclusively two instances. They only cover an intentional or through gross negligence lack of a response to a request for information and an intentionally or through gross negligence incorrect, incomplete, or misleading reply. The collected information, if relevant, could also be used to provide insight into situations where undertakings find it difficult to comply with the legislation, with a view to improving the proper application of the internal market rules. With a view to avoid disproportionate administrative burden for micro- undertakings, which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requ against Member States in pending cases before the Court of Justice of the European Union. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. With a view to avoid disproportionate administrative burden for micro, small and medium-sized undertakings unlests for information to this category of undertakings. When issuing requests for information to small and medium-sized undertakings, the Commission should take due account of the principle of proportionality. While SMEs are unlikely to operatethey are part of a group of undertakings which qualifies at least ats a larger scale enabling them to significantly affect market outcomes, the information gathered from SMEs could prove valuable in informing the Commission on difficulties in establishment and functioning of the internal market. Information readily available to SMEs might be of anecdotal nature but it could still alert the Commission about single market difficulties SMEs might suffer from. SMEs would normally not and should not incur any significant additional costs of data gathering in response to this tool. Given their relatively weaker bargaining position in value chains, SMEs might be more forthcoming with information when granted a procedure duly respecting confidentiality and anonymity. Resolving a difficulty in the single market establishment and functioning could in particular benefit SMEs as it is often the small innovative firms which face the greatest bar group under Article 3(7) of Directive 2013/34/EU of the European Parliament and of the Council29, and which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requests for information to these categoriers when trying to start up and scale up across the single marketof undertakings. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU of the European Parliament and of the Council29 should apply. __________________ 29 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p.19).
Amendment 108 #
2017/0087(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 113 #
2017/0087(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 119 #
2017/0087(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 121 #
2017/0087(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 129 #
2017/0087(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views before any decision to reject the confidentiality claim is takenEven if the Commission considers that a confidentiality claim is ill- founded, it should not decide that the relevant information is to be disclosed.
Amendment 132 #
2017/0087(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. It is essential that the undertakings or association of undertakings concerned by the request, if they estimate that it could jeopardise their substantial economic interests, have the right to appeal against the request by the Commission through the national courts, with suspensive effect concerning Commission’s procedure. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views before any decision to reject the confidentiality claim is taken.
Amendment 135 #
2017/0087(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) According to the subsidiarity rule, it is essential to include national courts in the procedure. Therefore, the undertakings or associations of undertakings shall have the right to appeal against the request by the Commission before the national courts as well as against the Commission's decision on confidentiality of the information to be provided, as provided for in Article 7. Submitting an appeal against the Commission request or decision to the court shall have a suspensive effect on the Commission’s proceeding.
Amendment 137 #
2017/0087(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principles of legality and proportionality of penalties.
Amendment 138 #
2017/0087(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data, in particular Directive 95/46/EC30 . With regard to the processing of persona data by the Commission and within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council31 . __________________ 30Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, (OJ L 281, 23.11.1995). 31Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, (OJ L 8, 12.1.2001, p. 1).
Amendment 160 #
2017/0087(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) agriculture and fisheries, other thanexcluding the conservation of marine biological resources;
Amendment 174 #
2017/0087(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘association of undertakings’ means a group of companies as defined in Article 2(13) of Regulation (EU) 2015/848.
Amendment 187 #
2017/0087(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 225 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Amendment 228 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The undertakings or association of undertakings concerned by the request as referred to in Article 4 may, if they consider that the request could jeopardise their substantial economic interests, appeal against the request by the Commission before the national courts. The national court may quash the request from the Commission. Submitting an appeal to the court shall have suspensive effect on the time limits.
Amendment 232 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request or by decision, requireest undertakings and associations of undertakings to provide information on a voluntary basis.
Amendment 233 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request or by decisionformal written request, require undertakings and associations of undertakings to provide information.
Amendment 242 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The Commission shall not issue requests for information in accordance with this Regulation to micro-undertakings, small undertakings and medium-size undertakings unless they are part of a group of undertakings which qualifies at least as small group as defined ina large group under Article 6(53(7) of Directive 2013/34/EU.
Amendment 252 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The simple request referred to in paragraph 1 shall state the legal basis and its purpose, specify what information is required and prescribe a proportionate time limit within which the information is tomay be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading information.
Amendment 255 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The simple request referred to in paragraph 1 shall state the legal basis and its purpose, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading informationn addition, it shall indicate the right of the undertaking or association of undertakings to appeal against the request through the national courts.
Amendment 261 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 264 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriatemay be provided.
Amendment 273 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission shall simultaneously provide a copy of the simple request or of the decisionrequest referred to in this Article to the Member State in whose territory the registered seat of the undertaking or association of undertakings is situated.
Amendment 277 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where the Commission has launched a formal infringement procedure pursuant to Article 258 TFEU, the Commission shall provide the Member State concerned by the procedure with a copy of all simplthe requests or decisions referred to in this Article issued in the context of that procedure, irrespective of where the registered seat of the undertaking or association of undertakings is situated.
Amendment 280 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The decisionsrequest referred to in paragraph 1 shall be addressed to the undertaking or association of undertakings concerned. The Commission shall notify the decision to the addressee without delay.
Amendment 302 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The Commission shall verify whethernot be entitled to object the confidentiality claim of the information transmitted made by the respondent undertakings or associations of undertakings under subparagraph 2 of paragraph 2 is well-founded and proportionate.
Amendment 303 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 307 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
Amendment 309 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3 a (new)
Article 7 – paragraph 4 – subparagraph 3 a (new)
That decision may be appealed against before the national courts within one month from the date of its formal written notification by the Commission. The period of time referred to in the second subparagraph of this paragraph shall be suspended from the date of appeal to a national court.
Amendment 323 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 329 #
2017/0087(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 358 #
2017/0087(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 367 #
2017/0087(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 376 #
2017/0087(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 380 #
2017/0087(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 386 #
2017/0087(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 390 #
2017/0087(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
With regard to the processing of personal data within the framework of this Regulation, Member States shall carry out their tasks for the purposes of this Regulation, Regulation (EU) 2016/6791a and in accordance with the national laws, regulations or administrative provisions transposing Directive 95/46/EC implementing Regulation (EU) 2016/679. With regard to the processing of personal data by the Commission within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001. __________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Amendment 327 #
2017/0086(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts shall, by means of implementing accordance with Article 34 concerningts, specify the detailed categories of data to be recorded in accordance with paragraph 2, in relation to the information, procedures and assistance and problem solving services to which the gateway links. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35(2).
Amendment 342 #
2017/0086(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
By four years after the entry into force of this Regulation and once every twofive years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 21, 22 and 23. The review will, in particular, evaluate the scope of Article 12 of this Regulation taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities.
Amendment 391 #
2017/0086(COD)
Proposal for a regulation
ANNEX II – table
ANNEX II – table
Life events Procedures Expected output Birth Requesting a birth certificate Birthproof of Birth certificate or a proof of Birth registration of birth registration of birth Requesting a residence Proof of registration and Residence certificate residence Applying for a study grant Decision regarding the Studying from a public institutionbody or application for a grant institution Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition Registering a change of Confirmation of the Moving address registration of the new address Moving Requesting/renewing ID card Issue or renewal of an ID and de-registration of the or passport previous address card or a passport deleted deleted Registering a motor vehicle RProof of registration certificateof a Claiming pension and pre- Decision regarding the claim retirement benefits from for a pension or pre-retirement Retiring public or semi-public benefits originating from or already motor vehicle registered in an EU Member State, in standard schemesprocedures1a General registration of Claiming pension and pre- Confirmation of the receipt of business activity, excludretirement benefits from the claim or decision Retiring completion of all steps procedures concerning the necessary to start operating Starting a constitution of companies or as a business business firms within the meaning of the second paragraph ofulsory schemes regarding the claim for a pension or pre-retirement benefits Starting a deleted Article 54 TFEU deleted business Registration of an employer (a Social securityConfirmation of registration natural person) with public or number or Social security registration semi-publiccompulsory pension and number insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes, excluding procedures for the collective termination of the employee contracts Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee Payment of social Receipt or other form of confirmation of payment of contributions for employees social contributions for employees contributions for employees confirmation of payment of social contributions for employees _______________ 1a Thiscovers the following vehicles: (a) any motor vehicle or trailer as referred to in Article 3 of Directive 2007/46/EC of the European Parliament and of the Council (OJ L263, 9.10.2007, p.1) and (b) any two or three- wheel motor vehicle, whether twin-wheeled or otherwise, intended to travel on the road, as referred to in Article 1 of Directive 2002/24/EC of the European Parliament and of the Council OJ L 124, 9.5.2002, p.1).
Amendment 10 #
2016/2273(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the e-Government Action Plan 2016-2020 with its dynamic structure, and as well as the creation of e- Government Action Plan Steering Board; calls on the Commission and the Member States to ensure its rapid and effective implementation, making public administrations fit for the future;
Amendment 60 #
2016/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CallsStresses the existing need for a dual online and offline approach where necessary, since this is needed to avoid exclusion, taking into account; emphasizes the current rate of digital illiteracy and the fact that more than 22 % of Europeans, especially elderly people, refusedecide not to use online services when dealing with public administrations, therefore moving towards digitized administrations should not discourage to use services those who wish to employ traditional procedures;
Amendment 76 #
2016/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that for the full functioning of cross-border eGovernment services, language barriers need to be addressed, and suggests that public administrations, especially in border regions, should make their information and services available in the language of their Member States but also, if possible, in another European languages;
Amendment 79 #
2016/2273(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is of the opinion that a comprehensive monitoring of e- Government performance in the Member States should ensure that the performance methodology takes national specificities adequately into account; highlights the benefits of reliably measured performance in Member States to policy makers and public opinion;
Amendment 86 #
2016/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the protection of personal data is fundamental, and for safety and citizens' trust in digital services, underlines that public administrations should handle personal data securely and fully in line with the General Data Protection Regulation (GDPR) and the EU Rules on Privacy, thereby boosting trust in digital services;
Amendment 12 #
2016/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for the creation of a real single market pillar within the European Semester, with a system of regular monitoring, identification of the country-specific barriers to the single market andlately having tendency to be introduced with greater impact, frequency and scope in Member States; invites for an in-depth evaluation of single market integration and internal competitiveness; insists that the evaluation of the state of single market integration should become an integral part of the economic governance framework;
Amendment 23 #
2016/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 36 #
2016/2248(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights that barriers related to the free provision of services are of particular concern as they hamper, above all, the cross-border activity of small and medium sized enterprises, which are a driving force of development of the EU economy; points out that disproportionate administrative requirements, inspections and sanctions can lead to reversal of Single Market achievements;
Amendment 39 #
2016/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services; welcomencourages the Commission’s intention to present an ambitious proposal for a services card and fos well as clear and harmonised notification form; welcomes, furthermore, the Commission’s intention to review market developments and, if necessary, take action in connection with insurance requirements for business and construction service providers;
Amendment 48 #
2016/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is still of the opinion that there is a need to define an integrated measurement system, combining different methodologies such as composite indicators, a systematic set of indicators and sectorial tools, so as to measure the performance of the Single Market for the purpose of embedding it in the European Semester; calls on the Commission, in order both to measure and to provide an impetus for deepening the single market in key priority areas, to consider a headline indicator and a target for this indicator as regards single market integration;
Amendment 50 #
2016/2248(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to precede each legislative initiative by thorough impact assessment which takes into account the consequences of the act for the business environment in all Member States and carefully assess the right balance between costs and objectives of the project for the whole EU;
Amendment 56 #
2016/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the importance of Commission's help and cooperation with Member States in the field of better transposition, implementation and application of single market legislation; stresses, in this context, the need for further actions at national level, including with a view to reducing administrative burdens and avoiding adding additional requirements when transposing directives into national law (‘gold-plating’), such as tax barriers to cross-border investment;
Amendment 3 #
2016/2244(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involves a partnership between natural or legal persons that are legally and financially independent of each other, whereby one party (the franchisor) grants to the other party (thewhereas it is generally acknowledged that franchising is an economic arrangement for the distribution of goods and services under which a franchisee) is given the right to operate his franchising formula to sellsell, for its own benefit, specific goods and/or services, and shares know-how, the intention of both the franchisor and the franchisee being to generate business revs part of the franchisor's marketing process, using the franchisor's name and trade marks and drawing on its technical and organisational experienuce;
Amendment 29 #
2016/2244(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the context of the realisation of the digital single market specific attention should be paid to theany tensions which have arisening between franchisors and franchisees with respect to e-commerce and the sharing of consumer data, since currently franchise agreements do not contain provisions on these subjects and thus, which can lead to unnecessary uncertainty and conflicts;
Amendment 108 #
2016/2244(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the obligation of franchisees to devote their best endeavours to the growth of the franchise business and to the maintenance of the common identity and reputation of the franchise network, and to this effect to collaborate loyally with all partners in the network and to respect the industrial and intellectual property rights involved in the franchise formula, as well as competition rules;
Amendment 15 #
2016/2058(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 50% of the energy used for heating and cooling in the EU is primaryfinal energy;
Amendment 26 #
2016/2058(INI)
Motion for a resolution
Recital B
Recital B
B. whereas – although there is potential – the share of RES energy in heating and cooling in the Member States is insufficienwill be improved and is on its way to meet the 2020 RES target;
Amendment 36 #
2016/2058(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the share of primary energy from fossil fuels in heating and cooling is 75% and does not guarantee decarbonisation, thereby accelerating climate change and causing significant harm to the environmentrequires gradual increase in low-emission generation;
Amendment 48 #
2016/2058(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the use of progressiveefficient heating or cooling systems in buildings presumably means that those buildings will first have to undergoneeds to be carried out together with a thorough process of thermomodernisation which requires strategic energy planning;
Amendment 64 #
2016/2058(INI)
Motion for a resolution
Recital F
Recital F
F. whereas architecture, urban planning, density of heat demand and the diversity of European climate zones must be taken into account in the planning of energy-efficient, low- emission public and residential buildings with maximum thermal comfort or comfort cooling;
Amendment 85 #
2016/2058(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas energy efficiency policies should focus on the most cost-effective ways to improve buildings performance by reducing heat demands and/or connecting buildings to high-efficiency alternatives;
Amendment 114 #
2016/2058(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Strategy that recognizes the need to adopt a common European approach on heat with the objective to transform the current shape of the heat market, dominated by on-site individual fossil-fuels boilers, towards high efficiency heating solutions which increase energy security and facilitate cost-effective achievement of the EU climate and energy objectives;
Amendment 121 #
2016/2058(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Supports the Commission's analysis formulated in the Heat strategy that heating demands will not disappear, hence the need to develop policies that tap the full potential for the use of recovered heat (cogeneration and industrial heat) and allow a cost-effective development of DH networks capable of bringing renewable energy sources into urban areas, where population and energy demands are concentrated;
Amendment 231 #
2016/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that outdated heating plants with low energy efficiency should be replaced by small, environmentally- friendly CHP plants that use natural gas or other green fuels or heat from energy- efficient heating and cooling systems;
Amendment 247 #
2016/2058(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Agrees with the Heat Strategy that the economic potential of CHP is not exploited and Calls on the Commission as well as Member States to further promote high efficiency Cogeneration and District Heating, in line with Communication 2015 (572) on the State of the Energy Union;
Amendment 274 #
2016/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses the view that heat storage facilities, for example in the form of thermally insulated water tanks that use electric resistance to stay hot overnight (outside the hours of peak demand) and thereby improve the quality of electricity supplyor heat storage facilities installed in CHP plants which improve the performance of the electricity system and take advantage of daily price fluctuations in the electricity market, could play a very important role in heating;
Amendment 286 #
2016/2058(INI)
12a. Calls on the Commission to assess seriously Member States' Comprehensive Assessments of the potential for cogeneration and district heating due under Article 14 of EED, so that these plans reflect the true economic potential of these solutions and provide a sound basis for policies in line with EU objectives;
Amendment 307 #
2016/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States to apply heating sector regulatory policy in such a way as to enable the development of energy-efficient heating and cooling systems;
Amendment 313 #
2016/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to take administrative steps to ban the use of outdated furnaces that generate ‘low height’ emissions – releasing into the atmosphere natural pyrolytic gases from incomplete combustion, NOx, soot and fly ash dispersed by convection – in the heating of urban agglomerations;
Amendment 320 #
2016/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and Member States to close the regulatory gap stemming from the Ecodesign Directive and Medium Combustion Plants Directive which results in emissions leakage to installations below 1 MW which fall outside of the scope of the Directives;
Amendment 344 #
2016/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that high-power stationary fuel cells could, in the very near future, be an environmentally friendly alternative to coal as a solid fuel, thanks to the use of hydrogen obtained, for example, from water gas, produced via the thermal processing of coal in an atmosphere containing water vapour;
Amendment 354 #
2016/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Given that fossil fuels account for 75% of the primary energy supply in heating and cooling, and therefore for more than 37% of the EU’'s total energy consumption, points out to the Commission the possibility of including those sectors in the EU ETS, including fuel combustion facilities with a capacity of less than 20 MW. The EU ETS cap should be increased respectively to facilitate this inclusion;
Amendment 393 #
2016/2058(INI)
25. Takes the view that there should be no restrictions on EU funding, including from the ESIF and the EFSI (Juncker Plan) for major projects, that is used for the thermal renovation of buildings; takes the view that the restrictions that have been in place thus far on ERDF fundinguropean Regional Development Fund (ERDF) funding under the ESIF for this purpose have had an adverse effect in hampering these processes, in particular as regards the large number of buildings and entire housing estates built using large-panel system building methods;
Amendment 440 #
2016/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that the key to combating energy poverty is to cut heating prices by ensuring that there is a significant increase in energy efficiency at the three main stages of energy use: during conversion from primary energy to useful energy, during further transport of that energy, and ,in particular, during its use by the end user;
Amendment 7 #
2016/2010(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the fact that Member States are bound by a fundamental obligation to provide basic public postal services ('universal service obligation); notes the current trend towards reducing the range of postal services available as a result of technological change, i.e. the development of electronic means of communication, which is reducing demand for traditional postal services and changing customer expectations; takes the view that, in the face of this trend, discussions will need to be held on the scope of the universal service obligation laid down under Directive 97/67/EU;
Amendment 13 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitution, and to respond where necessary to ensure both the sustainability of the USO; and the quality of the services provided throughout the postal sector;
Amendment 27 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to take full account of the occurrence, and further risk, of downgrading of job security and terms and conditions for workers in the postal sector, and to make specific provision to mitigate and avoid this in any proposed new legislationlook in detail into the development of postal services in relation to new emerging digital operators and assess the potential implications and opportunities for existing postal services and their employees;
Amendment 36 #
2016/2010(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that geographical coverage and accessibility to universal services for parcel deliveries can be improved, especially for vulnerable consumers and those in remote areas, and draws attention to the steadily increasing share of the market taken up by cross-border delivery services, which should be supported;
Amendment 150 #
2016/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Proof of establishment includes information concerning activity in the home Member State of the provider, such as identification of the provider, registration in a central, commercial or company register, registration for tax purposes, registration for social security purposes, date of initial establishment and authorisations.
Amendment 253 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 78 – Group 78.2 (new)
Annex I – Section N – Division 78 – Group 78.2 (new)
78.2 Services of labour market except services of temporary work agencies
Amendment 254 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 80 – Group 80.4 (new)
Annex I – Section N – Division 80 – Group 80.4 (new)
80.4. Sale, delivery, installation and maintenance of technical security devices or security systems services activities
Amendment 255 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 80 – Group 80.5 (new)
Annex I – Section N – Division 80 – Group 80.5 (new)
80.5 Private detectives services
Amendment 256 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 81 – Group 81.4 (new)
Annex I – Section N – Division 81 – Group 81.4 (new)
81.4 Household support services
Amendment 594 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall assess the effectiveness of their support for electricity from renewable sources at least every fourive years. Decisions on the continuation or prolongation of support and design of new support shall be based on the results of the assessments.
Amendment 618 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shallmay open support for electricity generated from renewable sources to generators located in other Member States under the conditions laid down in this Article.
Amendment 626 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 643 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess by 2025 the costs and the benefits on the cost-effective deployment of renewable electricity in the Union of provisions set out in this Article. On the basis of this assessment, the Commission may propose to increase the percentages set out in paragraph 2.
Amendment 652 #
2016/0382(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to adaptations necessary to comply with State aid rules, Member States shall ensure that the level of, and the conditions attached to, the support granted to renewable energy projects are not revised in a way that negatively impacts the rights conferred thereunder and the economics of supported projects. Exceptions are allowed in extraordinary situations i.e. energy security or safety reasons.
Amendment 700 #
2016/0382(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Without prejudice to the obligations of Member States under Article 5, two or more Member States may decide, on a voluntary basis, to join or partly coordinate their national support schemes. In such cases, a certain amount of energy from renewable sources produced in the territory of one participating Member State may count towards the national renewable energy share of another participating Member State if the Member States concerned:
Amendment 714 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that investors have sufficient predictability of the planned support for energy from renewable sources. To this aim, Member States shallmay define and publish in a non- legislative act a long-term schedule in relation to expected allocation for support, covering at least the following three years and including for each scheme e.g. the indicative timing, the capacity, the budget expected to be allocated, as well as a consultation of stakeholders on the design of the support.
Amendment 767 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 1 January 2021 Member States shallmay set up one or more single administrative contact points which will coordinate the entire permit granting process for applicants for permits to build and operate plants and associated transmission and distribution network infrastructures for the production of energy from renewable energy sources.
Amendment 771 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The single administrative contact point shall guide the applicant through the application process in a transparent manner, provide the applicant with all necessary information, coordinate and involve, where appropriate, other authorities, and deliver a legally binding decision at the end of the process.. ,
Amendment 803 #
2016/0382(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Demonstration projects and installations with an electricity capacity of less than 50 kW shall be allowed to connect to the grid following a notification to the distribution system operator if this is possible without strengthening the network.
Amendment 810 #
2016/0382(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Repowering shall be allowed following a notification to the single administrative contact point established in accordance with Article 16, where no singnificant negative environmental or social impact is expected. The single administrative contact point shall decide within sixtwelve months of the receipt of the notification if this is sufficient.
Amendment 811 #
2016/0382(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Where the single administrative contact point decides that the notification is sufficient, the permit shall be automatically grant the permited.
Amendment 986 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – introductory part
Article 22 – paragraph 1 – subparagraph 2 – introductory part
For the purposes of this Directive, a renewable energy community shall be an SME or a not-for-profit organisation, theassociation, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, of which cooperate in the generation, distribution, storage or supply of energy from renewable sources, fulfilling at least four out of the following criteria:
Amendment 996 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
Article 22 – paragraph 1 – subparagraph 2 – point a
(a) shareholders or members are natural persons, local authorities, including municipalities, or SMEs or any other legal entity operating in the fields or renewable energy;
Amendment 1001 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b
Article 22 – paragraph 1 – subparagraph 2 – point b
(b) at least 510% of the shareholders or members with voting rights of the entity are natural persons;
Amendment 1004 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point c
Article 22 – paragraph 1 – subparagraph 2 – point c
(c) at least 51% of the shares or participation rights of the entity are owned by local members, i.e. representatives of local public and local private socio- economic interests or citizen, etc. having a direct interest in the community activity and its impacts;
Amendment 1008 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point d
Article 22 – paragraph 1 – subparagraph 2 – point d
(d) at least 51% of the seats in the board of directors or managing bodies of the entity are reserved to local members, i.e. representatives of local public and local private socio-economic interests or, citizens, etc. having a direct interest in the community activity and its impacts;
Amendment 1011 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point e
Article 22 – paragraph 1 – subparagraph 2 – point e
(e) the community has not installed more than 1820 MWe or 50 MWth of renewable capacity for electricity, heating and cooling and transport as a yearly average in the previous 5 year.
Amendment 1032 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In order to facilitate the penetration of renewable energy in the heating and cooling sector, each Member State shallould endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point (pp) every year, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
Amendment 1111 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall lay down the necessary measures to allow customers of those district heating or cooling systems which are not 'efficient district heating and cooling' or will not become one within the next 5 years according to their investment plans within the meaning of Article 2(41) of Directive 2012/27/EU to disconnect from the system in order to produce heating or cooling from renewable energy sources themselves, or to switch to another supplier of heat or cold which has access to the system referred to in paragraph 4.
Amendment 85 #
2016/0381(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The 2015 Paris Agreement on climate change (COP 21) must be reflected in the Union’s efforts to decarbonise its building stock, taking into account the fact that almost 50% of the Union’s final energy demand is used for heating and cooling, of which 80% is used in buildings. The Union’s energy and climate goals therefore need to be 100% renewables-based in the future, and that can only be achieved by reducing our energy consumption and making full use of the ‘energy efficiency first’ principle.
Amendment 148 #
2016/0381(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Notably for large installations, building automationBuilding automation, facility management of buildings and electronic monitoring of technical building systems have proven to be an effective replacement for inspections. The installation of such equipment should be considered as the most cost-effective alternative toold great potential to provide cost- effective and significant energy savings both for consumers and businesses. Notably for large installations, building automation and electronic monitoring of technical building systems have proven to be effective and can, in some cases, replace inspections in large non- residential and multifamily buildings of a sufficient size that allow a payback of less than three years. The current possibility to opt for alternative measures is therefore deleted as it enables acting on the information provided, thereby securing energy savings over time. The current possibility to opt for alternative measures is therefore deleted, however it should be possible to exempt technical systems explicitly covered by an ESCO programme from the inspection requirement. For small scale installations, the documentation of the system performance by installers and the registration of this information in the databases on energy performance certification will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates (EPC) role. In addition, existing regular safety inspections and programmed maintenance work will remain an opportunity to provide direct advice on energy efficiency improvements.
Amendment 274 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 2
Article 2 a – paragraph 2 – subparagraph 2
Amendment 351 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall ensure that, in all new non-residential buildings and in all existing non-residential buildings undergoing major renovation with more than ten parking spaces, at least one of every ten is equipped withwith more than ten parking spaces that are undergoing major renovation work relating to the electrical infrastructure of the building or the car park, at least one in ten of the parking spaces is equipped with pre- cabling or pre-tubing, in order to enable installation of a recharging point within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure17, which is capable of starting and stopping charging in reaction to price signalsith a power of at least 7 kW on every parking space. This requirement shall apply to all non- residential buildings, with more than ten parking spaces, as of 1 January 2025. __________________ 17 OJ L 307, 28.10.2014, p. 1
Amendment 369 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 375 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that newly built, in new residential buildings and residential buildings and thosthat are undergoing major renovations, with more than ten work relating to the electrical infrastructure of the building or the car park, at least one in ten of the parking spaces, include s equipped withe pre- cabling or pre- tubing, in order to enable the installation of a recharging points for electric vehicles for within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, with a power of at least 7 kW on every parking space.
Amendment 437 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Directive with a definition of ‘smartness indicator’ and with the conditions under which the ‘smartness indicator’ would be provided voluntarily as additional information to prospective new tenants or buyers.
Amendment 468 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2010/31/EU
Article 10 – paragraph 6a
Article 10 – paragraph 6a
6a. When Member States put in place a database for registering EPCs it shall allow tracking the actual energy consumption of the buildings covered, regardless of their size and category. The database shall contain the actual energy consumption data of buildings frequently visited by the public with useful floor area of over 250 m² which shall be regularly updated and accompanied by consecutively drafted new energy performance certificates.
Amendment 485 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2010/31/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 514 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2010/31/EU
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. As an alternative to paragraph 1 Member States may set requirements to ensure that residential buildings with centralised technical buildbuilding heating systems of a cumulated effective rated output of over 100 kW
Amendment 527 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2010/31/EU
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 556 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2010/31/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. As an alternative to paragraph 1 Member States may set requirements to ensure that residential buildings with centralised technical buildbuilding air conditioning systems of a cumulated effective rated output of over 100 kW
Amendment 140 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘active customer’ means a final customer or a group of jointly acting customers who consume, store or sell solely surplus of electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 153 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, established or resided on the area of local energy community activity, established to satisfy local energy needs, generally value rather than profit-driven, involved in distributed generation and/or in performing activities of a distribution system operator, supplier or aggregator at local level, includingas well as across borders;
Amendment 181 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 197 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;
Amendment 198 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
39. 'regional operational centresecurity coordinator' means the regional operational centresecurity coordinator as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2].
Amendment 208 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 47 a (new)
Article 2 – paragraph 1 – point 47 a (new)
47a. 'long-term planning' means the planning of the need for investment in generation and transmission and distribution capacity on a long-term basis, with a view to meeting the demand of the system for electricity and securing supplies to customers;
Amendment 229 #
2016/0380(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that their national legislation does not unduly hamper cross-border flowstrade of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that wholesale electricity prices reflect actual demand and supply.
Amendment 241 #
2016/0380(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall strive to create a level playing field for all market participants and prevent discrimination.
Amendment 262 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner as well as by other means than public interventions in the price-setting for the supply of electricity.
Amendment 279 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for household customers including energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]they assess it is no longer a necessary tool. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.
Amendment 292 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Amendment 310 #
2016/0380(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Having full regard to the relevant provisions of the Treaty, in particular Article 106 thereof, Member States may impose on undertakings operating in the electricity sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for electricity undertakings of the Union to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals and aims for energy from renewable sources, as referred to in this paragraph, Member States may introduces the implementation of long- term planning, taking into account the possibility of third parties seeking access to the system. Public service obligations which concern the price setting for the supply of electricity shall comply with the requirements set out in Article 5.
Amendment 354 #
2016/0380(COD)
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given. Suppliers or aggregators shall notify their customers directly of any adjustment in the supply or service price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate times soon as they are aware of such an adjustment, and no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier or aggregator;
Amendment 359 #
2016/0380(COD)
Proposal for a directive
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) are offered a wide choice of payment methods, which do not unduly discriminate between customers. Any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier or aggregator.
Amendment 401 #
2016/0380(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplierwhere it is technically feasible.
Amendment 483 #
2016/0380(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 568 #
2016/0380(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall ensure that active customers feed into the grid on an annual basis electricity volume not exceeding [e.g. 10MWh] for households and [e.g. 500MWh] for legal persons.
Amendment 598 #
2016/0380(COD)
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) are subject to fair, proportionate and transparent procedures and cost reflective charges including the cost of the electricity system they remain connected to.
Amendment 612 #
2016/0380(COD)
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shallmay provide an enabling regulatory framework that ensures that:
Amendment 685 #
2016/0380(COD)
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 699 #
2016/0380(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 810 #
2016/0380(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use. That information shall be made easily available and visualised to final customers at no additional cost and at near-real time in order to support automated energy efficiency programmes, demand response and other services;
Amendment 827 #
2016/0380(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Functionalities as described in paragraph 1: a) may apply to smart meters deployed within the period of entry into force of this Directive until 2 years after entry into force of this Directive; b) shall apply to smart meters deployed 2 years after entry into force of this Directive.
Amendment 842 #
2016/0380(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Within [2 years after entry into force of this Directive] Member States shall define a common national data format and a transparent procedure for eligible parties to have access to the data listed under Article 23 (1), in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties, in accordance with the principles of a common European data format and non-discriminatory and transparent procedures for accessing the data, listed under paragraph 2.
Amendment 860 #
2016/0380(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Commission, by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 68, shall determineWithin [12 months after entry into force of this Directive] the Commission, by means of guidelines, shall determine the principles of a common European data format and non- discriminatory and transparent procedures for accessing the data, listed under Article 23 (1), that will replace national data format and procedure adopted by Member States in accordance with paragraph 1. Member States shall ensure that market participants apply a common European data formataking into consideration the rule of entrepreneurship to ensure the wide open market for development of smart meter industry and growing internet of things appliances.
Amendment 899 #
2016/0380(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 928 #
2016/0380(COD)
Proposal for a directive
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
The development of a distribution system shall be based on a transparent network development plan that distribution system operators shall submit every twosix years to the regulatory authority and be updated at least once within 3 years. The network development plan shall contain the planned investments for the next five to ten years, with particular emphasis on the main distribution infrastructure which is required in order to connect new generation capacity and new loads including re- charging points for electric vehicles. The network development plan shall also demonstrate the use of demand response, energy efficiency, energy storage facilities or other resources that distribution system operator is using as an alternative to system expansion.
Amendment 934 #
2016/0380(COD)
Proposal for a directive
Article 32 – paragraph 2 – subparagraph 2
Article 32 – paragraph 2 – subparagraph 2
The regulatory authority shall consult all current or potential system users on the network development plan. The regulatory authority shall publish the result of the consultation process on the proposed investments.
Amendment 954 #
2016/0380(COD)
Proposal for a directive
Article 33 – paragraph 2 – point b a (new)
Article 33 – paragraph 2 – point b a (new)
(ba) Distribution system operators may own, develop, manage and operate recharging points for electric vehicles for the purposes of their own fleet.
Amendment 956 #
2016/0380(COD)
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Articles 35 and 56 shall apply to distribution system operators engaged in ownership, development, operation or management of recharging points.
Amendment 958 #
2016/0380(COD)
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to own, develop, operate or manage recharging points for electric vehicles. In case the public consultation indicates that third parties are able to own, develop, operate or manage such points, Member States shall ensure that distribution system operators' activities in this regard are phased-out. Distribution system operators shall have the right to recover their investment outlays made into recharging infrastructure at fair and reasonable terms and price.
Amendment 979 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities, unless these facilities are an integral part of the distribution grid.
Amendment 997 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles 35 and 56 shall apply to distribution system operators engaged in ownership, development, operation or management of energy storage facilities.
Amendment 1000 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the public consultation indicates that third parties are able to own, develop, operate or manage such facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out. Distribution system operators shall have the right to recover their investment outlays in storage facilities at fair and reasonable terms and price.
Amendment 1147 #
2016/0380(COD)
Proposal for a directive
Article 59 – paragraph 1 – point a a (new)
Article 59 – paragraph 1 – point a a (new)
(aa) fixing or approving, in accordance with transparent criteria, tariffs for supply of electricity for households customers including energy poor or vulnerable customers.
Amendment 1195 #
2016/0380(COD)
Proposal for a directive
Article 59 – paragraph 6 – introductory part
Article 59 – paragraph 6 – introductory part
6. The regulatory authorities shall , except in cases where the Agency is competent to fix and approve the terms and conditions or methodologies for the implementation of network codes and guidelines under Chapter VII of [recast of Regulation 714/2009 as proposed by COM(2016)861/2] pursuant to Article 5(2) of [recast of Regulation 713/2009 as proposed by COM(2016)863/2] because of their coordinated nature, be responsible for fixing or approving sufficiently in advance of their entry into force at least the national methodologies used to calculate or establish the terms and conditions for:
Amendment 1205 #
2016/0380(COD)
Proposal for a directive
Article 61 – paragraph 5
Article 61 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 67 to establishmay adopt guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency. Such measures are designed to amend non- essential elements of this Directive by supplementing it.
Amendment 1206 #
2016/0380(COD)
Proposal for a directive
Article 62 – title
Article 62 – title
Duties and powers of regulatory authorities with respect to regional operational ccoordination between treansmission system operators
Amendment 1209 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. The regional regulatory authorities of the geographical area where a regional operational centresecurity coordinator is established shall, in close coordination with each other: approve the transmission system operators' cooperative decision-making process, proposed by the transmission system operators of such geographical area.
Amendment 1213 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point a
Article 62 – paragraph 1 – point a
Amendment 1216 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point b
Article 62 – paragraph 1 – point b
Amendment 1220 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
Amendment 1224 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point d
Article 62 – paragraph 1 – point d
Amendment 1228 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point e
Article 62 – paragraph 1 – point e
Amendment 1230 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point f
Article 62 – paragraph 1 – point f
Amendment 1233 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 2 – point a
Article 62 – paragraph 2 – point a
(a) to request information from regional operational centresecurity coordinators;
Amendment 1235 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 2 – point b
Article 62 – paragraph 2 – point b
(b) to carry out inspections, including unannounced inspections, at the premises of regional operational centresecurity coordinators;
Amendment 1237 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 2 – point c
Article 62 – paragraph 2 – point c
(c) to issue joint binding decisions on regional operational centresregarding the improvement of coordination between transmission system operators within the geographical area where a regional security coordinator is established.
Amendment 1243 #
2016/0380(COD)
Proposal for a directive
Article 63 – paragraph 9
Article 63 – paragraph 9
9. The Commission is empowered to adopt delegated acts in accordance with Article 67 to establishmay adopt guidelines setting out the details of the procedure to be followed for the application of this Article. Such measures are designed to amend non-essential elements of this Directive by supplementing it.
Amendment 1248 #
2016/0380(COD)
Proposal for a directive
Article 67
Article 67
Amendment 1256 #
2016/0380(COD)
Proposal for a directive
Annex I – paragraph 1 – point c a (new)
Annex I – paragraph 1 – point c a (new)
(ca) rank and display the search results according to an impartial algorithm independent from any remuneration from suppliers;
Amendment 1285 #
2016/0380(COD)
Proposal for a directive
Annex II – point 1 – paragraph 2 – point a a (new)
Annex II – point 1 – paragraph 2 – point a a (new)
(aa) when the payment is due;
Amendment 1343 #
2016/0380(COD)
Proposal for a directive
Annex III – point 3
Annex III – point 3
3. Subject to that assessment, Member States or, where a Member State has so provided, the designed competent authority, shall prepare a timetable with a target of up to 10 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least 80 % of final customers shall be equipped with smart metering systems within 8 years from the date of their positive assessment or by 2020 for those Member States that have initiated deployment before entering into force of this Directiveand adopting a legal framework on deployment.
Amendment 202 #
2016/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting the basis for an efficient achievement of the objectives of the European Energy Union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility, decarbonisation and innovation; _________________ 30 COM/2014/015 final. COM/2014/015 final.
Amendment 211 #
2016/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response and energy efficiency, facilitate aggregation of distributed demand and supply, and contribute to the decarbonisation of the economy bys well as enablinge market integration and market- based remuneration of electricity generated from renewable sources;
Amendment 236 #
2016/0379(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an administrative market-based measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 271 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo-thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 274 #
2016/0379(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) market rules shall support the decarbonisation of the economy by enablinge the integration of electricity from renewable energy sources and providinge incentives for energy efficiency;
Amendment 288 #
2016/0379(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) adopt, each year by 31 January the draft programming document referred to in Article 21 before itsand submissiont it to the Commission for its opinion, and shall, following the opin, the European Parliament and the Council. It shall, following the advice of the Commission, and in relation tof the Commissionmultiannual programming after consulting the European Parliament, and after having received approval by the Board of Regulators in accordance with Article 23(5)(c), adopt the programming document of the Agency by a two thirds majority of its members and shall transmit it to the European Parliament, the Council and the Commission by 31 October. The work programme shall be adopted without prejudice to the annual budgetary procedure anding document shall be made public.
Amendment 322 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo thirds majority of the members present, with one vote for each member, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present.
Amendment 373 #
2016/0379(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board may establish working groupDirector and Board of Regulators may jointly establish working groups. The Board of Regulators shall appoint the working group chairs.
Amendment 475 #
2016/0379(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By [OP: one year after entry into force] Member States shall establish a single estimate of the Value of Lost Load (VoLL) for their territory, expressed in €/MWh. That estimate shall take into account economic conditions of consumers (eg. GDP per capita) and shall be reported to the Commission and made publically available. Member States may establish different VoLL per bidding zone if they have several bidding zones in their territory. Member States may establish different VoLL per group of similar consumers. In establishing VoLL, Member States shall apply the methodology developed pursuant to Article 19(5).
Amendment 660 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Each bidding zone should be equal to an imbalance price area, except of central dispatch systems.
Amendment 664 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 675 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TIf the review reveals that the bidding zone configuration has important impact on neighbouring TSO’s control areas by causing flows overloading the network and creating internal congestion, thus threating the system stability, the transmission system operators participating in the bidding zone review shall submit a proposalsuch a case to the Commission regarding whether to amend or maintainwith a proposal regarding an amendment of the bidding zone configuration. Based on that proposal, the Commission shall adopt a decision whether to amend or maintainamending the bidding zone configuration, [no later than 6 months after entry into force of this Regulation, specific date to be inserted by OP] or by six months after the conclusion of the bidding zone configuration launched in accordance with points (a), (b) or (c) of Article 32(1) of Regulation (EU) 2015/1222, whichever comes later.
Amendment 682 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The decision referred to in paragraph 4 shall be based on the result of the bidding zone review and the transmission system operators’ proposal concerning its maintenance or amendment. The decision shall be justified, in particular as regards possible deviations from the result of the bidding zone review.
Amendment 684 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 690 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. TMember States or the Commission shall consult relevant stakeholders on its, including Member States not participating in the bidding zone review on their decisions under this Article before they are adopted.
Amendment 698 #
2016/0379(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The Commission decisiondecisions adopted under this Article shall specify the date of implementation of a change. That implementation date shall balance the need for expediency with practical considerations, including forward trade of electricity. The Commisdecisions may define appropriate transitional arrangements as part of its decision.
Amendment 702 #
2016/0379(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The maximum capacity of the interconnections and/or the transmission networks affecting cross-border flows shall be made available to market participants, complying with safety standards of secure network operation. Counter-trading and redispatch, including cross-border redispatch, shall be used to maxoptimise available capacities unlesas long as it is demonstrated that it is not beneficial to economic efficiency at Union level. the foreseen related costs are not expected to be higher than social welfare benefits. The costs of counter-trading and redispatch, including cross-border redispatch shall be shared based on the “polluter-pays principle”, where the unscheduled flows over the overloaded network elements, should be identified as polluters and they should contribute to the costs in proportion to their contribution to the overload.
Amendment 711 #
2016/0379(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Transmission system operators shall not limit the volume of interconnection capacity to be made available to other market participants in order to solve congestion inside their own control area or, except for congestion on internal network elements with cross-border relevance. Transmission system operators may limit the volume of interconnection capacity to be made available to market participants as a means of managing flows on a border between two control areas observed even without any transaction, that is to say flows over control areas caused by origin and destination within one control area, which are below the level of threshold established within capacity calculation region.
Amendment 715 #
2016/0379(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
Upon request by a transmission system operator, the relevant regulatory authority may grant a derogation from the firstabove subparagraph where it is necessary for maintaining operational security or where it is beneficial to economic efficiency at Union level. Such a derogation, which may not relate to curtailment of already allocated capacities pursuant to paragraph 5, shall be limited in time, strictly limited to what is necessary, and avoid discrimination between internal and cross- zonal exchanges. Before granting a derogation, tThe relevant regulatory authority shall consultinform the regulatory authorities of other Member States forming part of an affected capacity calculation region. In case a regulatory authority disagrees with the proposed derogation, the Agency shall decide on the derogation pursuant to Article 6(8)(a) [recast of Regulation (EC) No 713/2009 as proposed by COM(2016) 863/2] about granted derogation. The justification and reasons for the derogation shall be published. Where a derogation is granted, the relevant transmission system operators shall develop and publish a methodology and projects that shall provide a long-term solution to the issue that the derogation seeks to address. The derogation shall expire when the time limit is reached or, once the solution is applied, whichever is earlier.
Amendment 836 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19national resource adequacy assessment, which shall consider the European resource adequacy assessment pursuant to Article 19. The methodology for a national resource adequacy assessment shall be determined by a Member State and shall take into account the methodology referred to in Article 19(4).
Amendment 862 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Europeana national resource adequacy assessment identifies a resource adequacy concern Member States shall identify any regulatory distortions that caused or contributed to the emergence of the concern.
Amendment 1062 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1094 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the Europeana national resource adequacy assessment has not identified a resource adequacy concern, Member States shall not apply capacity mechanisms.
Amendment 1156 #
2016/0379(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [OP: twelve months after entry into force], all transmission system operators shall establish regional operational centresecurity coordinators in accordance with the criteria set out in this chapter. Regional operational centresecurity coordinators shall be established in the territory of one of the Member States of the capacity calculation region where it will operate.
Amendment 1162 #
2016/0379(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Regional operational centres shall complement the role ofsecurity coordinators shall support transmission system operators by performing functionadvisory services of regional relevance. They shall establish operational arrangementadvise and issue recommendations in order to ensure the efficient, secure and reliable operation of the interconnected transmission system.
Amendment 46 #
2016/0378(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Due to the close interconnection of the Union electricity grid and the increasing need to cooperate with neighbouring countries to maintain grid stability and integrate large volumes of renewable energies, regional operational centrenew generation capacity, regional security coordinators will play an important role for the coordination of transmission system operators. The Agency should guarantee regulatory oversight over the regional operational centresecurity coordinators where necessary.
Amendment 79 #
2016/0378(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Through the cooperation of national regulators within the Agency it is evident that majority decisions are a key pre- requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various Member States. National regulators should therefore vote with simple majority within the Board of Regulators.
Amendment 131 #
2016/0378(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In cases where the network codes and guidelines developed pursuant to Chapter VII of [recast Electricity Regulation as proposed by COM(2016) 861/2] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all regulatory authorities or by all regulators of the concerned region, the terms and conditions or methodologies shall be submitted for revision and approval to the Agency. Before approving the terms and conditions or methodologies, the Agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guideline and contribute to market integration, non-discrimination and the efficient functioning of the market. The procedure for the coordination of regional tasks in accordance with Article 7 shall apply.
Amendment 154 #
2016/0378(COD)
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1 – introductory part
Article 6 – paragraph 8 – subparagraph 1 – introductory part
. As regards regulatory issues with cross- border relevance , the Agency shall decide upon thosee following regulatory issues that fall within the competence of national regulatory authorities, which may include : the terms and conditions for access and operational security, or methodologies with relevance forregarding cross-border trade or operational security, or other regulatory issues with cross-border relevance :
Amendment 81 #
2016/0377(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'region' means a group of Member States sharing the same regional operational centresecurity coordinator, as created pursuant to Article 33 of the Electricity Regulation [proposed Electricity Regulation]the System Operational Guideline.
Amendment 95 #
2016/0377(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Member States, in particular through their competent authorities, are responsible for ensuring the security of electricity supply within their territories. The Member States shall cooperate with other, especially within a region in view of preventing, preparing for and handling electricity crises in a spirit of solidarity and transparency and, subject to Article 15(2), with regard to the requirements of a competitive internal market for electricity.
Amendment 96 #
2016/0377(COD)
Amendment 115 #
2016/0377(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 116 #
2016/0377(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 130 #
2016/0377(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 131 #
2016/0377(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 141 #
2016/0377(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Short-term adequacy assessments 1. All short-term adequacy assessments shall be carried out according to the methodology developed pursuant to Article 6. 2. ENTSO-E in close cooperation with particular TSO shall carry out seasonal adequacy outlooks according to the methodology developed pursuant to Article 6. It shall publish the results at the latest by 1 December each year for the winter outlook
Amendment 142 #
2016/0377(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 156 #
2016/0377(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Methodology for identifying electricity crisis scenarios at a regional level 1. By twelve months after entry into force of this Regulation ENTSO-E shall submit to the Agency a proposal for a methodology for identifying the most relevant electricity crisis scenarios in a regional context. 2. The crisis scenarios shall be identified on the basis of at least the risks referred to in Article 5(2) and additionally include the elements of interaction and correlation of risks across borders and simulations of simultaneous crisis scenarios, and shall be consistent with the national scenarios identified pursuant to this Article 5.2. When considering the risks of gas disruption in the context of identifying the risks pursuant paragraph 2(c), ENTSO-E shall use the gas supply and infrastructure disruption scenarios developed by the European Network of Transmission System Operators for Gas pursuant to Art. 6.6 of the Gas Security of Supply Regulation [proposed Gas Security of Supply Regulation]. 3. Before submitting the proposed methodology, ENTSO-E shall conduct a consultation exercise involving at least consumer organisations, generators, distribution system operators, national regulatory authorities and other national authorities. ENTSO-E shall duly take into account the results of the consultation. 4. Within two months of receiving the proposed methodology, the Agency shall either approve the proposal or amend it. In the latter case, it shall consult ENTSO- E before adopting the amended version and publish it on its website. 5. ENTSO-E shall update and improve the methodology regularly in accordance with paragraphs 1 to 4. The Agency, the Commission and a competent authority may request such updates and improvements with due justification. Within six months from the request, ENTSO-E shall submit to the Agency a draft of the proposed changes. Within a period of two months of receiving the draft, the Agency shall amend or approve the changes and publish it on its website.
Amendment 157 #
2016/0377(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 160 #
2016/0377(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Identification of electricity crisis scenarios at a regional level 1. By twenty four months after entry into force of this Regulation and on the basis of the methodology adopted pursuant to Article 8, ENTSO-E shall identify the most relevant electricity crisis scenarios for each region. 2. ENTSO-E shall submit the regional electricity crisis scenarios identified to the Electricity Coordination Group for consultation. 3. ENTSO-E shall update the scenarios every three years, unless circumstances warrant more frequent updates. 4. ENTSO-E, Member States and the Electricity Coordination Group shall ensure that the confidentiality of sensitive information with regard to the electricity crisis scenarios, notably information relating to malicious attacks, is preserved particularly during the consultation process.
Amendment 197 #
2016/0377(COD)
3. In cooperation with the regional operational centres and wWith the involvement of relevant stakeholders, the competent authorities of Member States of each region shall carry out annual crisis simulations, in particular testing the communication mechanisms referred to in point (b) of paragraph 1.
Amendment 221 #
2016/0377(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a 3.The Electricity Coordination Group issues recommendations pursuant to the rules of procedure adopted by the Group unanimously.
Amendment 225 #
2016/0377(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 258 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’'s 2020 20 % headline targets and its 2030 3027 % bindingcative headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.;
Amendment 301 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 2 – point a
Article 3 – paragraph 1 – subparagraph 2 – point a
(a) that the Union’'s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy andor no more than 1 086 Mtoe of final energy;
Amendment 371 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 1 – point b
Article 7 – paragraph 1 – subparagraph 1 – point b
(b) new savings each year from 1 January 2021 to 31 December 2030 of 1.54 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019.
Amendment 386 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 505 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) shall include requirements with a social aim in the saving obligations they impose, including bmay take into account the need to alleviate energy poverty; to this end they may requiringe that a share of energy efficiency measures to bare implemented as a priority in households affected by energy poverty and in social housing and in areas threatened by air pollution;
Amendment 372 #
2016/0375(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) National plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty. Updates of national plans should however be foreseen once during the ten-year period covered to give Member States the opportunity to adapt to significant changing circumstances. For the plans covering the period from 2021 to 2030, Member States should be able to update their plans by 1 January 2024. Targets, objectives and contributions should only be modified to reflect chan gincreased overall ambition in particular as regards the 2030 targ macroeconomic or economic conditions taking into consideration technological progress and changets for energy and climatein international conditions. As part of the updates, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
Amendment 424 #
2016/0375(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To help ensure coherence between national and Union policies and objectives of the Energy Union, there should be an on-going dialogue between the Commission and the Member States. As appropriate, the Commission should issue recommendations to Member States including on the level of ambition of the draft national plans, on the subsequent implementation of policies and measures of the notified national plans, and on other national policies and measures of relevance for the implementation of the Energy Union. Member States should take utmost account ofmay consider such recommendations and explain in subsequent progress reports how they have beentheir possible implementedation.
Amendment 425 #
2016/0375(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To help ensure coherence between national and Union policies and objectives of the Energy Union, there should be an on-going dialogue between the Commission and the Member States. As appropriate, the Commission should issue recommendations to Member States including on the level of ambition of the draft national plans, on the subsequent implementation of policies and measures of the notified national plans, and on other national policies and measures of relevance for the implementation of the Energy Union. Member States should take utmost account ofmay consider such recommendations and explain in subsequent progress reports how they have beentheir possible implementedation.
Amendment 428 #
2016/0375(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission should, in addition to issuing recommendations, take measures at Union level or Member States should take additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 429 #
2016/0375(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission should, in addition to issuing recommendations, take measures at Union level or Member States should take additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 613 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i
Article 4 – paragraph 1 – point a – point 2 – point i
i. with a view to achieving the Union's binding target of at least 27% renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], a contribution to this target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with a linear trajectory for that contribution from 2021 onwardsby the Member State to this target;
Amendment 961 #
2016/0375(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall only modify the targets, objectives and contributions set out in the update referred to in paragraph 2 to reflect an increased ambition as compared to the ones set for the purpose of setting out new factors affecting the latest notified integrated national energy and climate planachievement of the Energy Union’s objectives.
Amendment 985 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall prepare and report to the Commissionand the Commission, on behalf of the Union, shall prepare by 1 January 202019 and every 10five years thereafter their long-term low emissionenergy and climate strategies with a 50 years2020 perspective, to contribute to:
Amendment 1413 #
2016/0375(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall as appropriatemay issue recommendations to Member States to ensureassist the achievement of the objectives of the Energy Union.
Amendment 1420 #
2016/0375(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) the Member State concerned shallmay take utmost account of the recommendation in a spirit of solidarity between Member States and the Union and between Member States;
Amendment 1428 #
2016/0375(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) the Member State shall set out, in its integrated national energy and climate progress report made in the year following the year the recommendation was issued, how it has taken utmost account of the recommendation and how it has implemented or intends to implement it. It shall provide justifications where it deviates from it;.
Amendment 1476 #
2016/0375(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 14 #
2016/0282(COD)
Proposal for a regulation
Recital 239 a (new)
Recital 239 a (new)
(239a) CEF blending facilities should also increase the ownership and commitment of the financial institutions involved and mitigate the risk that projects for which grants are committed fail to achieve financial closure, and therefore fail to receive payments.
Amendment 25 #
2016/0282(COD)
Proposal for a regulation
Article 272 – paragraph 1 – point 1
Article 272 – paragraph 1 – point 1
Regulation (EU) No 1316/2013
Article 16 a – paragraph 6
Article 16 a – paragraph 6
6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of maturity taking into account a minimum set of criteria which are to be set by the Commission and shall seek sectoral diversification in accordance with Articles 3 and 4 as well as geographical balance across the Member States. They shall:
Amendment 59 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growth and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union’s ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. This would be in line with EIB’s current climate finance target of 25% based on its full portfolio and computed according to its granular methodology. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross-border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 67 #
2016/0276(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additionality, a key feature of the EFSI, should be strengthened in the selection of projects. In particular, operations should only be eligible for EFSI support if they address clearly identified market failures or sub-optimal investment situations. Operations in infrastructure under the Infrastructure and Innovation Window linking two or more Member States, including e-infrastructure, should be considered additional given their inherent difficulty and their high added value for the Union. The EIB has already developed a wide range of products that facilitate further risk-taking through, predominantly, risk-sharing instruments. However, developing further ‘first loss guarantee’ schemes by combining EU and/ or national budgetary resources with EFSI is expected to accelerate investments in infrastructure projects.
Amendment 71 #
2016/0276(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Transparency in the eligibility, approval and the selection of projects is an essential condition and is to be reflected in the governance structure of the decision-making process. It is therefore important to continually confirm the accountability of the decision- takers in order to ensure that any difficulties in the implementation of Regulation (EU) No 2015/1017 are not repeated in this Regulation. Moreover, the Commission should work closely with the EIB in the formation of pre-defined, clear, objective and publicly-available criteria that reduce legal uncertainty and improve tax governance, especially when the investment activities involve entities with links to non-cooperative jurisdictions.
Amendment 73 #
2016/0276(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Due to their potential to increase the efficiency of the EFSI intervention, blending operations combining non- reimbursable forms of support and/or financial instruments from the Union budget, such as those available under the Connecting Europe Facility, and financing from EIB Group, including EIB financing under the EFSI, as well as other investors should be encouraged. Blending aims to enhance the value added of Union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable. In view of the inherent complexity of those instruments, the EIAH should also give guidance on the optimal choice of funding instruments and blending. Moreover, the EIAH, being a market-driven instrument providing advice on investment in various market sectors, should where appropriate also provide access to expertise other advisory entities with relevant specialised knowledge of specific market sectors. Encouragement of further collaboration between the EIAH and other advisory entities will be critical for the success of the EFSI, especially in market areas and niches where higher specialisation and deeper know-how is needed.
Amendment 77 #
2016/0276(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reinforce the take-up of the EFSI in less-developed and transition regions, the scope of the general objectives eligible for EFSI support should be enlarged. With a view to contributing to the Union objective of economic, social and territorial cohesion and reducing regional disparities, whilst preserving the market driven nature of EFSI, the geographical balance of EFSI support needs to be enhanced in line with the geographical diversification and concentration guidelines and by strengthening the role of the EIAH.
Amendment 92 #
2016/0276(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The EIB and the EIF should ensure that the final beneficiaries, including SMEs, are informed of the existence of EFSI support, so as to enhance the visibility of the EU guarantee granted under Regulation (EU) 2015/1017. The information on EFSI support should be prominently placed in the financing agreement, particularly in the case of SMEs, so as to increase the visibility of the EFSI as a Union initiative.
Amendment 119 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2015/1017
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
To better address economic and financial inefficiencies, including market failures or, sub- optimal investment situations, discrepancies in the investment capacity of the Member States as reflected in diverse risk premiums, leveraging frictions or weak investment multipliers, and including also complicated multinational and cross border projects, and lack of risk-taking, especially in research, innovation, new technologies as well as in new and traditional infrastructures, EIB’s special activities supported by the EFSI shall typically have features such as subordination, participation in risk-sharing instruments, as well as first-loss guarantees schemes when combined with Union and/or national budgetary resources, cross- border characteristics, exposure to specific risks or other identifiable aspects as further described in Annex II.
Amendment 126 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2015/1017
Article 5 – paragraph 1 – subparagraph 4
Article 5 – paragraph 1 – subparagraph 4
EIB projects carrying a risk lower than the minimum risk under EIB special activities may alsocannot be supported by the EFSI ifunless the use of the EU guarantee is requirednecessary to ensure additionality, as defined in the first subparagraph of this paragraph. and provided that those projects cannot be funded at better terms through other sources of financing.
Amendment 152 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 1 a
Article 9 – paragraph 2 – subparagraph 1 a
Amendment 165 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a – point i
Article 1 – paragraph 1 – point 9 – point a – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Such support shall include the providingsion of targeted support on the use of technical assistance for project structuring, on the use of innovative financial instruments,, and on the, development and use of public- private partnerships, taking into account the specificities and needs of Member States with less- developed financial marketand capital markets, or with financial and capital markets that were harmed by the recent financial crisis.
Amendment 168 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a – point ii
Article 1 – paragraph 1 – point 9 – point a – point ii
Regulation (EU) 2015/1017
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
It shall also support the preparation of climate action and circular economy projects or components thereof, in particular in the context of COP21, the preparation of projects in the digitalresearch and innovation, such as in the digital and telecommunications sectors, as well as the preparation of projects referred to in the fifth subparagraph of Article 5(1).
Amendment 173 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point i
Article 1 – paragraph 1 – point 9 – point b – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) leveraging local and regional knowledge to facilitate EFSI support across the Union and contributing where possible to the objective of sectorial and geographical diversification of the EFSI referred to in Section 8 of Annex II by supporting the EIB to originate operations;
Amendment 177 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point ii
Article 1 – paragraph 1 – point 9 – point b – point ii
(e) providing pro-active support on the establishment of needs driven investment platforms;
Amendment 179 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point iii
Article 1 – paragraph 1 – point 9 – point b – point iii
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point f
Article 14 – paragraph 2 – point f
(f) providing advice on the combination of other sources of Union funding (such as the European Structural and Investment Funds, Horizon 2020 and the Connecting Europe Facility) with the EFSI;, the European Institute of Innovation and Technology and the Connecting Europe Facility) with the EFSI, thus facilitating the optimal blending of relevant Union resources,
Amendment 190 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2015/1017
Article 19 – paragraph 1 a
Article 19 – paragraph 1 a
The EIB and EIF shall inform or shall oblige financial intermediaries to inform the final beneficiaries, including SMEs, of the existence of EFSI support.; of the existence of EFSI support and to make this information visible in a prominent place on the financing agreement, particularly in the case of SMEs, on every contract that includes EFSI support, thereby increasing public awareness and expanding visibility’
Amendment 192 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 22 – paragraph 1 – subparagraph 4
Article 22 – paragraph 1 – subparagraph 4
The Commission shall provide detailed guidance, where needed. In addition, the Commission shall draw up standard criteria and definitions to ensure transparency on issues related to tax governance;
Amendment 89 #
2016/0149(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annuallydeem it necessary to assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers.
Amendment 99 #
2016/0149(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, a non-confidential version of the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other Member States and to the Commission. Confidentiality is to be ensured by the national regulatory authorities and the Commission in accordance with article 22a (4) of Directive 97/67/EC. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions.
Amendment 234 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. TIf the national regulatory authority deems it necessary, it shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account:
Amendment 243 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 248 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 254 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 255 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The assessment shall not be deemed necessary in particular where: (a) the tariffs are subject to price regulation under national legislation or (b) similar services are offered by another parcel delivery service provider.
Amendment 261 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 1530 working days of receipt of the request.
Amendment 264 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3a non-confidential version of its assessment, to the Commission, and the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 March of each calendar year at the latest.
Amendment 101 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to facilitate the compliance of the phosphate fertilising products with the requirements of this Regulation and to boost innovation, it is necessary to provide sufficient funding to the relevant technologies, particularly to decadmiation, by means of the financial resources available under Horizon 2020 and other financial instruments. The Commission should annually inform the Council and the European Parliament on how much EU funding has been provided for decadmiation.
Amendment 116 #
2016/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 of 19 November 2008 on waste and repealing certain Directives, a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 120 #
2016/0084(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 130 #
2016/0084(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Fertilising products which are CE marked in accordance with this Regulation should be afforded equal treatment and not unduly discriminated against by rules laid down in other Union legislation. No preferences should be granted to any type of CE fertilizing products and no derogations should be granted to PFC from generally-applicable EU law, in particular from Directive 91/676/EEC. No incentives should be granted to any type of fertilizing products, to the exclusion of other types, as they are contrary to the concept of parity and equal treatment under EU law.
Amendment 137 #
2016/0084(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When placing a CE marked fertilising product on the market, the importer should indicate on the packaging of the fertilising product his or her name, registered trade name or registered trade mark and the postal address at which he or she can be contacted, as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance.
Amendment 152 #
2016/0084(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) When adopting delegated acts, the Commission should ensure that all fertilizer products will be treated equally with no preference to any types of fertilizers.
Amendment 168 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "Fertilizer" means a substance or a mixture of substances intended to provide nutrients to the plants;
Amendment 191 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Manufacturers shall ensure that procedures are in place for CE marked fertilising products that are part of a series production to remain in conformity with this Regulation. Changes in production method or characteristics of those fertilising products and changes in the harmonised standards, common specifications referred to in Article 13 or other technical specifications by reference to which conformity of a CE marked fertilising product is declared shall be adequately taken into account.
Amendment 212 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before placing a CE marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the CE marked fertilising product is accompanied by the EU declaration of conformity and the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). Where an importer considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not place the fertilising product on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 220 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied without packaging, in a document accompanying the fertilising product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Amendment 225 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Importers shall ensure that the CE marked fertilising product is labelled in accordance with Annex III or, where the CE marked fertilising product is supplied without packaging, that the required information is provided in a documents accompanying the CE fertilising product. The information required under Annex III shall be in a language which can be easily understood by end- users, as determined by the Member State concerned.
Amendment 237 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Before making a CE marked fertilising product available on the market distributors shall verify that it is accompanied by the EU declaration of conformity and by the required documents, that it is labelled in accordance with Annex III in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively. Where the CE marked fertilising product is supplied without packaging, market distributors shall verify that the required information is provided in a documents accompanying the CE marked fertilising product. That information shall also be in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market.
Amendment 241 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not make the fertilising product available on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.
Amendment 246 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complybe a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
Amendment 248 #
2016/0084(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the paccompanying documents andkaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied in a packaged form, to the packagingwithout packaging, to the documents accompanying the CE marked fertilising product.
Amendment 267 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant life or health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 272 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 285 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 288 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 294 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 298 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 302 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 306 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 310 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 317 #
2016/0084(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 333 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring three years following the publication of this Regulation in the Official Journal of the European Union].
Amendment 337 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
Amendment 338 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 344 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,
Amendment 347 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 350 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 352 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2,5% by mass of total nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of nutrients
Amendment 353 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 – indent 1
Annex I – part II – PFC 1 (A) (II) – point 2 – indent 1
– 2%1% (one percent) by mass of total nitrogen (N),
Amendment 356 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (II) – point 2 – indent 2
Annex I – part 2 – PFC 1(A) (II) – point 2 – indent 2
– 1%0,5% (half percent) by mass of total phosphorus pentoxide (P2O5), or
Amendment 357 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 357 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 – indent 3
Annex I – part II – PFC 1 (A) (II) – point 2 – indent 3
– 2%1% (one percent) by mass of total potassium oxide (K2O).
Amendment 359 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 361 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: – 2% by mass of total nitrogen (N), or – 1% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and – 5% by mass of total sum of primary nutrients.
Amendment 364 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(B) – point 1 – indent 2 – subparagraph 2
Annex I – Part II – PFC 1(B) – point 1 – indent 2 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 367 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: – 2,5% by mass of total nitrogen (N), out of which 1% by mass of the CE marked fertilizing product shall be organic nitrogen (N), or – 2% by mass of total phosphorus pentoxide (P2O5), or – 2% by mass of total potassium oxide (K2O), and – 6,5% by mass of total sum of primary nutrients.
Amendment 368 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(B) (II) – point 2 – indent 1
Annex I – part II – PFC 1(B) (II) – point 2 – indent 1
– 21 % (one percent) by mass of total nitrogen (N), out of which 0,5 % by mass of the CE marked fertilising product shall be organic nitrogen (N), or
Amendment 369 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(B) (II) – point 2 – indent 2
Annex I – part II – PFC 1(B) (II) – point 2 – indent 2
– 2 %0,5 % (half percent) by mass of total phosphorus pentoxide (P2O5), or
Amendment 370 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(B) (II) – point 2 – indent 3
Annex I – part II – PFC 1(B) (II) – point 2 – indent 3
– 21 % (one percent) by mass of total potassium oxide (K2O).
Amendment 373 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
Amendment 377 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 380 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (C) (I) – point 1
Annex I – part II – PFC 1 (C) (I) – point 1
1. An inorganic macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
Amendment 384 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
1. A straight solid inorganic macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 385 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 2
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 2
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 387 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
– 6% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 390 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
– 1from 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 393 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
1. A compound solid inorganic macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 395 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 395 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 398 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
– 35% by mass of total phosphorus pentoxide (P2O5),
Amendment 400 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
– 35% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 402 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 402 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
– 1,52 % by mass of total magnesium oxide (MgO),
Amendment 404 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
– 1,52% by mass of total calcium oxide (CaO),
Amendment 405 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
– 1,5% by mass of total sulphur trioxide (SO3), or
Amendment 409 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
– 1between 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 412 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
– following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
Amendment 413 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
1. A straight liquid inorganic macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 416 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Amendment 416 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 418 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
– 3% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 420 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
– 5% by mass of total sulphur trioxide (SO3), or
Amendment 422 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
– 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 424 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
1. A compound liquid inorganic macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 426 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – introductory part
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 428 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
– 1,53% by mass of total nitrogen (N),
Amendment 431 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
– 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 434 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg;
Amendment 435 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
– 1,54% by mass of total potassium oxide (K2O),
Amendment 439 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
– 0,754% by mass of total magnesium oxide (MgO),
Amendment 440 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
4a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 442 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 443 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
– 0,752% by mass of total calcium oxide (CaO),
Amendment 447 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
– 0,75% by mass of total sulphur trioxide (SO3), or
Amendment 451 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
– 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 457 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 3(A) – point 1
Annex I – part II – PFC 3(A) – point 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 464 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form.
Amendment 478 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 2 – point 1
Annex II – part II – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, centrifugation, pressing, drying, freeze- dryingsieving, milling, centrifugation, pressing, drying, freeze- drying, buffering, extrusion, frost- treatment, sanitation by using heat, or extraction with water.
Amendment 480 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 488 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Amendment 494 #
2016/0084(COD)
Proposal for a regulation
Annex II – Part II – CMC 8 – point 1
Annex II – Part II – CMC 8 – point 1
1. A CE marked fertilising product may contain a substance or a mixture (including technological additives, for example: anti-caking agents, defoaming agents, anti-dust agents, dyes and rheological agents) intended to improve the fertilising product's nutrient release patterns, only if that substance's or mixture's compliance with the requirements of this Regulation for a product in PFC 5 of Annex I has been demonstrated in accordance with the conformity assessment procedure applicable to such an agronomic additive.
Amendment 499 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Amendment 512 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1290 mg/kg dry matter,
Amendment 522 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 524 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
Amendment 524 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(B) – point 1 – point (e)
Annex III – Part 2 – PFC 1(B) – point 1 – point (e)
Amendment 526 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
Amendment 527 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
- 53% by mass of total magnesium oxide (MgO),
Amendment 528 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
- 128% by mass of total calcium oxide (CaO),
Amendment 531 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 533 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
Amendment 537 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and may contain one of or more secondary nutrients in the minimum quantity stated:
Amendment 537 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(C)(I) – point 1 – point (e)
Annex III – Part 2 – PFC 1(C)(I) – point 1 – point (e)
Amendment 545 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
(c) powder, where at least 90% of the product can pass through a sieve with a mesh of 10 mm, or
Amendment 546 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than one primary nutrient.
Amendment 548 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
Amendment 551 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
Amendment 556 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(B) – table 1
Annex III – part 3 –PFC 1(B) – table 1
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content ± 25% of the declared content ± 25% of the of the nutrient forms present content of those nutrients up to a declared content up up to a maximum of 2 to a maximum of 1,5 percentage to a maximum of percentage point in absolute percentage points in absolute terms. 0, 0.9 percentage terms for each nutrient terms. points in absolute separately and for the sum of terms nutrients
Amendment 557 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
Amendment 560 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
Amendment 561 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I)
Annex III – part 3 – PFC 1(C)(I)
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content ± 25% of the declared ± 25% of the of the nutrient forms present content of those nutrients up declared content up up to a maximum of 2 to a maximum of 1,5 to a maximum of percentage point in absolute percentage points in absolute 0,.9 percentage terms for each nutrient terms. points in absolute separately and for the sum of terms termsnutrients The above tolerance values apply also for the N-forms and for the solubilities. Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve Quantity: ± 53 % relative deviation of the declared value
Amendment 562 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 564 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
Amendment 566 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and may contain of or more secondary nutrients in the minimum quantity stated:
Amendment 568 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 3
Annex III – part 3 – PFC 3
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter pH pH ± 0,7 at the time of manufacture ± 1,0± 0,9 at any time in the distribution chain Organic carbon (C) ± 10% relative deviation of the declared value up to a maximum of 1,0 percentage points in absolute terms Total nitrogen (N) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total phosphorus pentoxide (P2O5) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total potassium oxide (K2O) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Dry matter ± 10% relative deviation of the declared value Quantity - 5% relative deviation of the declared value at the time of manufacture - 215% relative deviation of the declared value at any time in the distribution chain Carbon (C) org /Nitrogen (N) org ± 20% relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms Granulometry ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve.
Amendment 571 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 4
Annex III – part 3 – PFC 4
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter Electric conductivity ± 50% relative deviation at the time of manufacture ± 75 ± 60% relative deviation at any time in the distribution chain pH ± 0,7 at the time of manufacture ± 1,00,9 at any time in the distribution chain Quantity by volume (litres or m³) - 5% relative deviation at the time of manufacture - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of - 5% relative deviation at the time of materials with particle size greater than 60 manufacture mm - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of pre- - 5% relative deviation at the time of shaped GM manufacture - 215% relative deviation at any time in the distribution chain Water-soluble nitrogen (N) ± 50% relative deviation at the time of manufacture ± 75 ± 60% relative deviation at any time in the distribution chain Water-soluble phosphorus pentoxide ± 50% relative deviation at the time of (P2O5) manufacture ± 75 ± 60% relative deviation at any time in the distribution chain Water-soluble potassium oxide (K2O) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain
Amendment 576 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point b
Annex IV – part 2 – module A – point 2.2 – point b
Amendment 579 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point c
Annex IV – part 2 – module A – point 2.2 – point c
Amendment 582 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and substances obtained from them, but excluding other materials which is fossilized or embedded in geological formations.
Amendment 584 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
Amendment 590 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
(aa) Clostridium botolinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 591 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(ba) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 609 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 611 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Amendment 648 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 12
Annex I – part 2 – PFC 6 (A) – paragraph 12
Amendment 731 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) and/or urea (CH4N2O).
Amendment 732 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 9 – paragraph 3
Annex II – part 2 – CMC 9 – paragraph 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
Amendment 740 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
2. As of [Publications office, please insert the date occurring threfive years after the date of application of this Regulation], the following criterion shall berequirements shall apply: (a) a standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and (b) a biodegradability test that complieds with the following criterion: Tthe polymer ishall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 24 months, in a biodegradability test as specified points (a)-(c) below.
Amendment 746 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Amendment 751 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Amendment 757 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Amendment 762 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Amendment 781 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) and/or urea nitrogen (CH4N2O).
Amendment 785 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
Amendment 819 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
Annex III – part 3 – PFC 1(B) – table
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25- 50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5 percentage points in maximum of -2 and +4 percentage maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
Amendment 823 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
Annex III – part 3 – PFC 1(C) (I) – table
Permissible tolerance for the declared content of forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25-50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5maximum of -2 and +4 percentage points in maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
Amendment 827 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve
Amendment 830 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value
Amendment 833 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Amendment 837 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Amendment 843 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least every 36 months on behalf of the manufacturer, in order to verify conformity with
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 71 #
2016/0070(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 72 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 121 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 132 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 133 #
2016/0070(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 134 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”
Amendment 146 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 155 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 178 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 193 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 200 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c). If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 201 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)., their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."
Amendment 210 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 214 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
Article 3 – paragraph 1 a a (new)
Amendment 229 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 260 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
Amendment 263 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
(–1) In Article 1, the following paragraph 2b is added: 2b. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within one month reference period.
Amendment 279 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 366 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c
Article 3 – pragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 400 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 428 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).
Amendment 438 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 452 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – pragraph 1 a
Article 3 – pragraph 1 a
Amendment 469 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
Article 3 – paragraph 1 a b (new)
(ba) The following paragraph is added: 1ab. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 374 #
2016/0030(COD)
Proposal for a regulation
Article 2 – subparagraph 2 – point 2
Article 2 – subparagraph 2 – point 2
(2) ‘'essential social service' means a healthcare, emergency or, security, education, childcare or defence service;
Amendment 424 #
2016/0030(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. During an emergency, defined in Article 10 (1) (c) and 11(1), gas flow through bi-directional permanent capacity constructed to enhance the security of gas supply in of a Member State shall have priority over gas flow through other points in the system.
Amendment 432 #
2016/0030(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The competent authority shall requiensure theat natural gas undertakings, that it identifies, to take measures to ensure the supply of gas to the protected customers of the Member State in each of the following cases:
Amendment 438 #
2016/0030(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
No later than 31 March 2017 Member States shall notify the Commission their definition of protected customers, theonsumers which shall apply until 31 December 2018, annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of ga, as well as the extent to which the gas supply to its protected customers may influence cross- border flows to other Member States.
Amendment 470 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply ("risk assessment"). The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall, inter alia, be carried out by:
Amendment 486 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii
Article 6 – paragraph 1 – point c – point ii
(ii) disruption of gas supplies, inter alia from third country suppliers, as well as, where appropriate, geopolitical risks;
Amendment 488 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii a (new)
Article 6 – paragraph 1 – point c – point ii a (new)
(iia) ability to satisfy the demand of protected customers in the region during supply disruption at national, regional and union-wide level, from the single largest supplier from a third country;
Amendment 491 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) taking into account risks related to the control of infrastructure relevant for the security of gas supply by natural gas undertakings from a third country, which may also be located outside the European Union, whereas the control, may imply, inter alia, risks of under-investment, undermining diversification, misuse of existing infrastructure or a breach of Union law;
Amendment 509 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall takeThe competent authorities shall take into account the results of the Union wide simulations carried out by ENTSO for Gas into account the results of the simulationsrdance with art. 10a (1) for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.
Amendment 519 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas undertakings, transmission system operators for electricity, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:
Amendment 552 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
Amendment 570 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
Amendment 587 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) the other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States and the possibility to diversify gas routes and sources of supply, if appropriate, to address the risks identified in order to maintain gas supply to all customers as farfor as long as possible;
Amendment 607 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 620 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 633 #
2016/0030(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) define the role and responsibilities of natural gas undertakings, transmission system operators for electricity and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of gas supply disruptions, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in Article 10(1);
Amendment 638 #
2016/0030(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) identify the contribution of market- based measures, for coping with the situation at alert level and mitigating the situation at emergency level;
Amendment 656 #
2016/0030(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Emergency Supply Corridors 1. By 1 November 2017, ENTSO for Gas shall perform the tasks set out in this paragraph. It shall carry out a Union-wide simulation of supply and infrastructure disruption scenarios. All possible scenarios shall be defined by ENTSO for Gas and agreed with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. It shall establish and asses Emergency Supply Corridors that define key infrastructure that allows for transportation of gas from a gas source and between regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be agreed with the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every four years unless circumstances warrant more frequent updates. In case of development of new gas supply corridor, the new simulation of disruption and Emergency Supply Corridor shall be added within 6 months from the establishment of the new gas supply corridor. 2. In the event of an emergency declared by one or more competent authorities , the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency . Member States on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Emergency Supply Corridors shall be included in Annex.
Amendment 676 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as thegas supply to households, essential social services and district heating installationprotected customers in the Member State thaving declared the emergency is not satisfied, despitet have called for the application of thesolidarity measures in paragraph 1s not satisfied, the gas supply to customers other than households, essential social services and district heating installationprotected customers in any other Member State, directly connected to theat Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installationprotected customers in the Member States having declared the emergency.
Amendment 739 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with suppliers from the same third country or from their affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption incontracts of other natural gas undertakings on the same national market with suppliers from the same third country or their affiliates provide more than 40% of total annual gas imports from third countries to the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded.
Amendment 761 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 8 a (new)
Article 13 – paragraph 8 a (new)
8a. If the Commission finds the terms of a gas supply contract to infringe the provisions of the European Union law, it may consider launching further procedure, inter alia under Union competition law. The Commission shall inform the natural gas undertaking concerned and respective competent authority about incompatibility of the terms of the gas supply contract with provisions of the European Union law and request that terms of the contract be amended. The natural gas undertaking or the relevant competent authority shall, within three months of the request, notify the amendment to the Commission or shall inform the Commission of the reasons why it the request cannot be satisfied. The Commission shall, within three months of the natural gas undertaking's or competent authority's reply, amend, withdraw or confirm its request. The Commission shall give detailed reasons for its position.
Amendment 773 #
2016/0030(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TWhere Energy Community Contracting Party fully implemented Directive 2009/73/EC, Regulation (EC) No 715/2009, network codes established according to the procedure as set out in Article 6 of Regulation (EC) No 715/2009 and Regulation (EU) No [xxx/xxxx/xx] [OP: Please insert number of Regulation once adopted] the second sentence of Article 3(2), Article 3(6), Article 4(3), (4) and (6), Article 5(2), point (d) of Article 6(1), points (b) and (e) of Article 7(5), points (e), (g), (i), of Article 8(1), point (b) and (c) of Article 8(4), points (j) and (m) of Article 9(1), Article 9(4), Article 10(4), Article 11(5) and Article 12 shall create obligations for the Members States towards an Energy Community Contracting Party subject to the following procedure:
Amendment 778 #
2016/0030(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Following the notification of the Energy Community Secretariat, the Commissionuncil takes a decision confirming the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph, indicating the date as of which these mutual obligations apply.
Amendment 786 #
2016/0030(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(3) and Article 7(3) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force of the this Regulation].
Amendment 794 #
2016/0030(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 797 #
2016/0030(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Article 2(1) shall enter into force on 1 January 2019.
Amendment 798 #
2016/0030(COD)
Proposal for a regulation
Article 21 b (new)
Article 21 b (new)
Article 21b Until 31 December 2018, Article 2 point 1 of the Regulation (EU) No 994/2010 shall remain in force.
Amendment 468 #
Amendment 729 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for theirissuing type-approval certificates and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 737 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not be levied directly by technical services.
Amendment 748 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 773 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. TNational type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type.
Amendment 782 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Amendment 785 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 2
Article 33 – paragraph 6 – subparagraph 2
Amendment 805 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. OnlyThe number of end-of-series vehicles with a valid certifimay not exceed 10%, in the catse of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuantM1 category vehicles, or 30%, in the case of vehicles belonging to other categories, of the number of vehicles registered in the two point (a) of Article 33(2), may be made available on the market, registered or entered into service in the Unionreceding years or 100 vehicles of each type per Member State, whichever is greater.
Amendment 936 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
Amendment 954 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
Amendment 961 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
Amendment 997 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Amendment 1004 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
Amendment 1006 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
Amendment 1008 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 4
Article 77 – paragraph 4
Amendment 1009 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
Amendment 1104 #
2016/0014(COD)
Proposal for a regulation
Article 90
Article 90
Amendment 49 #
2015/2322(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a number of Member States anticipate inadequate generation capacity which, in the near future, poses a threat of blackouts unless necessary back-up mechanisms are put in place,
Amendment 57 #
2015/2322(INI)
Motion for a resolution
Recital E
Recital E
E. whereas national capacity markets, if not properly designed, make it harder to integrate electricity markets and run contrary to the objectives of the common energy policy;
Amendment 95 #
2015/2322(INI)
Motion for a resolution
Recital H
Recital H
H. whereas a medium-term increase in interconnection between the Member States to 15% could improve security of supply, subject to cost-benefit analysis;
Amendment 108 #
2015/2322(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas storage of energy is a key tool to bring more flexibility and efficiency to the energy markets, there is still no regulatory mechanism in place to take advantage of an efficient storage system;
Amendment 161 #
2015/2322(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to be more pro-actively involved in the design of a European internal market in electricity and to avoid undermining the objectives of Articles 114 and 194 TFEU by means of permanent capacity markets;
Amendment 208 #
2015/2322(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of a common analysis of system management at regional level which is facilitated by ACER and ENTSO-E and calls for the transmission system operators of neighbouring markets to devise a common methodology to that end;
Amendment 260 #
2015/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that network expansion in particular is indispensable with a view to completing the internal market in electricity with a growing share of renewables; regrets that there are still large gaps in the interconnections between Member States, leading to network bottlenecks and significantly impairing cross-border energy trading; calls for the electricity interconnection objectives to be differentiated by region and aligned with the ENTSO-E ten-year network plan; in this respect underlines that it is of crucial importance to counteract uncoordinated loop flows, especially in the CEE region;
Amendment 294 #
2015/2322(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is sceptical of capacity mechanisms on the grounds of high cost and the risk of market distortions, and stresses that national capacity markets are subject to non-market based measures, and stresses that national capacity mechanisms should be well designed, technology neutral and developed in line withe EU rules on competition and state aid, state aid and internal energy market;
Amendment 310 #
2015/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for national capacity mechanisms only to be authorised where a detailed analysis of the production and supply situation at regional level has been carried out in advance and a bottleneck has been identified which cannot be eliminated by less stringent measures such as a strategic reserveto identify bottlenecks and adequacy needs;
Amendment 321 #
2015/2322(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that upcoming reviews of Renewables Directive and Energy Efficiency Directive as well as the Energy Market Design are key initiatives to unlocking opportunities offered by energy storage;
Amendment 340 #
2015/2322(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls therefore for a technology neutral design of the energy market to allow different renewable based energy storage solutions such as lithium-ion battery, heat pumps or hydrogen fuel cells a chance to complement RES generation capacity; calls also for the establishment of clearly defined mechanisms in order to take advantage of excess production and of curtailment;
Amendment 362 #
2015/2322(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists that, before a capacity market is authorised, it must be shown that all efforts have been made to reinforce the internal market and dismantle obstacles to flexibility;
Amendment 421 #
2015/2322(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the EU’s goal of increasing the share of renewables to 30%27% as agreed by the Council in October 2014; notes, however, that the permanent subsidising of renewables is outdated and that renewables too must react to market signals in this new energy system, since otherwise market signals for all electricity producers will be heightened disproportionately;
Amendment 461 #
2015/2322(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Warns against mixing energy supply objectives with climate policy objectives; calls for the ETS to be consistently reinforced and the market to be redesigned with a view to greater flexibility, so that in future CO2 and fuel prices can give more support to the expansion of renewabllevel playing field in the expansion of clean coal technologies;
Amendment 485 #
2015/2322(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recommends that Member States consider regulatory framework encouraging end-users to turn to self- production and local energy storage;
Amendment 514 #
2015/2322(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that, for a medium- term transitional period, national responsibility for the energy mix cannot be questioned and therefore that both nuclear power, which is largely CO2-neutral, and the use of national energy reserves together with high-efficiency gas-fired power stations and coal-fired electricity generation using the latest technology, can make vital contributions to the integration of renewables;
Amendment 3 #
2015/2128(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Annual Report as the first by this Commission and also the first in the new 2014-2020 programming period, which means that particular care should be taken to investigate the relationship between the new cohesion policy rules and the number of irregularities reported; stresses that the protection of the EU’s financial interests is at the core of the Treaty on the Functioning of the European Union; notes that through a number of measures the Commission and the Member States have increased their effectiveness in fighting the overall rate of fraudulent or non-fraudulent irregularities in order to ensure that EU funds are protected from fraud; notes a total of 1 649 cases of irregularities reported as fraudulent, this being 2 % more than in 2013 and representing EUR 538 million in EU funds;, whereby the largest proportion of fraudulent cases concern the cohesion policy funds.
Amendment 12 #
2015/2128(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes, on the one hand, that once again cohesion policy is not the area with the highest number of irregularities reported as fraudulent, and that this is the case for the second year in a row; also notes that expenditure has fallen by 5 % compared to 2013, and, on the other hand, that the largest proportion of such irregularities in this policy area concern the European Regional Development Fund;
Amendment 15 #
2015/2128(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the last report by the European Court of Auditors, which questioned the procedures followed by the Member States for the disbursement of cohesion policy funds due to the large number of errors occurring in connection with awards of public contracts; notes that errors frequently mean that problems and delays are encountered when implementing projects, and that proven violations of EU rules may result in financial corrections amounting to as much as 100 % of the value of the contract;
Amendment 43 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Appreciates the Commission’s decision to carry out a mid-term assessment in 2018 in order to establish whether the new regulatory architecture for the cohesion policy prevents fraud and reduces the risk of irregularities, and looks forward to receiving detailed proposals and information about the impact of the new cohesion policy regulations in terms of the risk of irregularities and fraud; calls on the Council to endorse the proposal for a directive on the fight against fraud to the EU’s financial interests by means of criminal law.
Amendment 46 #
2015/2128(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the establishment of a culture conductive to combating fraud is of vital importance, not only for the purpose of preventing potential fraud, but also with a view to ensuring maximum commitment to anti-fraud measures on the part of all the institutions involved in implementing the Structural Funds.
Amendment 291 #
2015/2065(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the review of arrangements for addressing unfair trading practices (UTPs) in Member States set out in the Commission report confirms that voluntary measures (such as best-practice schemes) are not enough and that almost all Member States have taken regulatory action in this area; whereas experience in other Member States, as detailed in the report, shows that voluntary measures can play only a supplementary role (education, raising awareness of UTPs); whereas the newly established High-Level Forum for a Better Functioning Food Supply Chain provides an opportunity to further develop the approach based on voluntary measures;
Amendment 307 #
2015/2065(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the action taken by the High Level Forum for a Better Functioning of the Food Supply Chain and the setting up of the expert platform on B2B practices, which has drawn up a list, a description and an assessment of trading practices that may be regarded as grossly unfair; points out, nonetheless, that the role the forum is to play in promoting dialogue with economic operators will in practice be confined to promoting best practice, which, as the Commission report confirms, is not enough to get rid of UTPs once and for all;
Amendment 364 #
2015/2065(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Views the fact that Member States see regulatory action as the only effective means of addressing UTPs (most Member States have taken, or are taking, such action) and that such measures were introduced only relatively recently as a good reason for taking regulatory action at EU level at the earliest opportunity, rather than delaying it; points out that it will be easier to adjust to uniform EU- wide measures at this stage than at some time in the future;
Amendment 365 #
2015/2065(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Points out that differences in the type and scope of regulatory action at national level can have an adverse effect on competition in the single market and that the regulatory measures taken should therefore be reviewed and harmonised at EU level;
Amendment 166 #
2015/0278(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The demand for accessible products and services is high and the number of citizens with disabilities and/or functional limitations will increase significantly with the ageing of the European Union's population. An environment where products and services are more accessible allows for a more inclusive society and facilitates independent living for persons with disabilities. Other persons, who also have any physical, mental, intellectual or sensory impairment, age related impairment, or other human body performance related causes, permanent or temporary which in interaction with various barriers result in their reduced access to products and services, leading to a situation that requires adaptation to their particular needs of those products and services, may also benefit from more accessible products and services.
Amendment 177 #
2015/0278(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The definition of people with disabilities and the scope of accessibility requirements resulting thereof should be without prejudice to the definitions of disabled people and people with reduced mobility used for the purposes of Union sectorial legislation and to the accessibility requirements set out in that legislation.
Amendment 195 #
2015/0278(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to ensure a better functioning of the internal market, national authorities should make use of the accessibility requirements set out in this Directive when applying the accessibility-related provisions in the Union legal acts referred to in this Directive. This Directive should however not change the compulsory or voluntary nature of the provisions in those other Union legal acts. This Directive should thus ensure that when accessibility requirements are used in accordance with those other acts, those requirements are the same across the Union.
Amendment 204 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, common accessibility requirements related tof the built environment including transport infrastructure used by passengers would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X where no other Union legal acts on built environment exists. Where Member State decide to apply accessibility requirements to the built environment used in the provision of services covered by this Directive, they may adopt all or some of the accessibility requirements set out in section V of Annex I. However, Member States should not be required to amend or introduce national rules on accessibility of the built environment, if they do not decide to apply accessibility requirements provided for in this Directive related to the built environment used in the provision of the services under the scope of this Directive.
Amendment 313 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Amendment 315 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Amendment 317 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
Amendment 385 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 394 #
2015/0278(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Built environment 1. Member States are encouraged to require that providers of electronic communication services referred to in point (a) of Article 1(2), providers of passenger transport services referred to in point (c) of Article 1(2) and related infrastructure operators, and providers of consumer banking services referred to in point (d) of Article 1(2) ensure that the built environment used by their consumers complies with the accessibility requirements of Annex I, Section V, in order for these services to be used by persons with disabilities. 2. Without prejudice to the requirements relating to the built environment set in other Union legislation, Member States are encouraged to require that built environment, including transport infrastructure used by passengers, in particular the transport infrastructure of the trans - European transport network complies with the accessibility requirements of Annex I.
Amendment 536 #
2015/0278(COD)
Proposal for a directive
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
Amendment 537 #
2015/0278(COD)
Proposal for a directive
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
Amendment 539 #
2015/0278(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
Amendment 112 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the commercial modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not apply to reloading of ammunition for personal use or making legal modifications and conversions to a firearm for which a person has an authorization.
Amendment 152 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 172 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 220 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 279 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 316 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 330 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 –paragraph 1e
Article 1 –paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing into a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 361 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 406 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 434 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 452 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 460 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 519 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 536 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The acquisition and possession of firearms shall only be permitted if, inter alia, there is good cause. Member States, whilst not being under any obligation in that regard, may decide that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, self-defence, reservist training, various scientific, technical and testing activities and re-enactment of historical events, filmmaking or historical study constitutes good cause.
Amendment 549 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 578 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This Directive is without prejudice to the ownership of firearms and ammunition acquired through inheritance. Member States shall prohibit the possession of such firearms by owners who are not duly authorised.
Amendment 590 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provison and seizedre this is not contrary to public security or public order.
Amendment 620 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 660 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 731 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive].
Amendment 748 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 751 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms; which have not been authorised in accordance with Article 10ba, with the exception of firearms converted prior to ... [the date of entry into force of this Amending Directive1a]; __________________ 1a In this case, Article 10ba shall be amended as follows: "Member States shall take measures to ensure that long semi-automatic firearms which have been converted from originally automatic firearms cannot be reconverted into automatic firearms. Mechanical design of any particular type of long semi- automatic firearms including conversions of any particular type of originally automatic firearms into semi-automatic firearms must be authorised for civilian use by a competent public authority before being placed on the market."
Amendment 755 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. AComponents with which a semi- automatic firearms which have can been converted into semi-an automatic firearm without sophisticated skills and tools;
Amendment 762 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 778 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 811 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weaponsFirearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute and, acoustic weapons as well as replicas;, gas, paintball or airsoft, Flobert, or percussion lock weapons.
Amendment 822 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 830 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 838 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c
Article 1 – point 14 – point c
Directive 91/477/EEC
Annex I – part III – paragraph 2
Annex I – part III – paragraph 2
Amendment 843 #
2015/0269(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [36 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 68 #
2015/0148(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone full transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in greenhouse gas emissions in third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies.
Amendment 96 #
2015/0148(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The purpose of the ETS is to lower emission of greenhouse gases through incentivizing sectors to limit emissions where physically possible. Incentives are created by imposition of costs related to emissions. In cases where further elimination of emissions is impossible, imposition of costs related thereto should be avoided.
Amendment 98 #
2015/0148(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Given that the purpose of ETS is to incentivise sectors to limit or eliminate emissions wherever possible, it is imperative that sectors and subsectors that cannot reduce emissions due to physical or chemical limitations, be protected from costs related to ETS. Therefore, sectors and sub-sectors where emissions result directly from physical or chemical process necessary to produce the product in question (process emissions), where level of emissions cannot be therefore further reduced in this process and there are no alternative production process resulting in lower emissions exists should receive 100% of free allowances.
Amendment 106 #
2015/0148(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provision should be made for the values of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvement. For reasons of predictability, this should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into account robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a difference from factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks. No changes to benchmarks will be made for those sectors were further improvements are impossible due to their physical or chemical impossibility (process emissions).
Amendment 160 #
2015/0148(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations below 50.000 tonnes of CO2 emissions per year to be excluded from the EU ETS allow the installations which are excluded to remain so, and it should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period.
Amendment 175 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2003/87/EC
Article 1
Article 1
(-1) In article 1, paragraph 1 is replaced by the following article: This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the 'Community scheme') in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner as well as the sustainable strengthening of the EU industrial basis against the risk of carbon and investment leakage.
Amendment 179 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3w definition of removal unit is added: 'removal unit 'is issued in respect of net removals by sinks from activities in the forestry sector and is equal to one metric tonne of carbon dioxide equivalent.
Amendment 188 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 9, paragraphs 2 and 3
Article 9, paragraphs 2 and 3
Amendment 247 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
(ca) in paragraph 3, point (h) is amended as follows: measures intended to increase energy efficiency, develop efficient district heating systems and insulation or to provide financial support in order to address social aspects in lower and middle income households;
Amendment 268 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation. . Any 5% increase in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 should be adjusted with a corresponding amount of allowances by placing allowances into the reserve referred to in paragraph 7.
Amendment 277 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Amendment 281 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 1 – paragraph 1 – point 5 – point a b (new)
(ab) the fifth paragraph of paragraph 1 is replaced by the following: In defining the principles for setting realistic benchmarks taking into account the actual activity level and conditions in individual sectors and subsectors, the Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 284 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b – introductory part
Article 1 – paragraph 1 – point 5 – point b – introductory part
(b) a new third subpParagraph 2 is added to paragraph 2replaced as follows:
Amendment 290 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
Amendment 311 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
Amendment 336 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 (iii) (new)
Article 10a – paragraph 2 (iii) (new)
(iii) the sector or subsector cannot further reduce emissions due to its physical or chemical impossibility (process emissions), in which case no changes to benchmarks will be made.
Amendment 338 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
(ba) the first paragraph of paragraph 2 is replaced by the following: In defining the principles for setting realistic benchmarks taking into account the actual activity level and conditions in individual sectors or subsectors, the starting point shall be the average performance of the 10% most efficient and representative installations in a sector or subsector in the Community in the years 20..-20... [latest available data]. Outlier installations should be not taken into the benchmark values. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 350 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
article 10a, paragraph 5
article 10a, paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be added to the new entrant reserve that will be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner.
Amendment 353 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly, with the exception of those sectors deemed to be responsible for process emissions referenced in Article 10b(1a), that shall be excluded from any adjustments. Any such adjustment shall be done in a uniform manner.
Amendment 395 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020, shall be set asideadded to the new entrant reserve and used for new entrants and, significant production increases and to prevent or limit reduction of free allocations to respect the Member States auctioning share in later years, together with 250 million allowances placed in the market stability reserve by 2021 pursuant to Article 1(3) of Decision (EU) 2015/…1814 of the European Parliament and of the Council(*).
Amendment 401 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Paragraph 7
Paragraph 7
From 2021, allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve. This shall not apply to removal units (RMU)
Amendment 404 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point ii a (new)
Article 1 – paragraph 1 – point 5 – point e – point ii a (new)
(iia) the second subparagraph of paragraph 7 is deleted.
Amendment 416 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
400 million allowances shall be available to support innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, including district heating, high efficiency cogeneration as well as carbon capture and utilization (CCU) and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union. The innovation funds shall be complemented with other innovation-support schemes at EU and national levels, in particular on the market deployment of innovative technologies.
Amendment 430 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
article 10a, paragraph 8
article 10a, paragraph 8
The allowances shall be made available for innovation in the whole range of low- carbon industrial technologies and processes in existing and new installations and support for demonstration projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. The eligibility criteria of the fund shall be improved by eliminating unnecessary bureaucracy and reducing financial risk.
Amendment 452 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point h
Article 1 – paragraph 1 – point 5 – point h
Directive 2003/87/EC
Article 10a – paragraph 11
Article 10a – paragraph 11
(h) in paragraph 11, the wording "with a view to reaching no free allocation in 2027" is deleted. Instead the wording "and shall remain 30% for each year of period 2021-2030" is added.
Amendment 477 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1 a (new)
Article 10b – paragraph 1 a (new)
1a. Sectors and sub-sectors with emissions resulting directly from physical or chemical process necessary to produce the product in question (process emissions), where level of emissions cannot be therefore further reduced in this process and there are no alternative production process resulting in lower emissions with unavoidable emissions resulting from the nature of their production process, shall be deemed to be at risk of carbon leakage and allocated free allowances for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 485 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is abovebelow 0.182 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment, based on a detailed impact assessment and taking into account sectors and sub-sectors at the relevant level, either at PRODCOM or NACE codes, using the following criteria:
Amendment 504 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
(c a) the extent to which distance from EU external border affects installations.
Amendment 506 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(cb) level of potential competition between distortion among sectors and sub-sectors
Amendment 511 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. OSectors using fallback benchmarks and other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 523 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code)n appropriate NACE or PRODCOM code level for the relevant sector as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 533 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b
Article 10b
4a. the following paragraph is added to article 10b: 5. Every year the Commission may, at its own initiative or at the request of a Member State, add a sector or subsector to the list referred to in the first subparagraph if it can be demonstrated, in an analytical report, that this sector or subsector satisfies the criteria in paragraphs 1 or 2, following a change that has a substantial impact on the sector's or subsector's activities.
Amendment 538 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector. electricity generators for the modernisation of the energy sector. Member States concerned shall select investments to be financed with free allocation: (a) through a competitive bidding process referred to in paragraph 2, or (b) based on the National Investment Plans as well as criteria and rules referred to in paragraph 2(3), or (c) a combination of both methods mentioned above. The Commission shall be informed about the chosen method by 1 January 2018.
Amendment 559 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 (a)
Article 10 c – paragraph 2 (a)
(a) comply with the principles of transparency, non-discrimination, technological neutrality, equal treatment and sound financial management;
Amendment 561 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 (b)
Article 10 c – paragraph 2 (b)
(b) ensure that only projects which contribute to theat least one of the following: diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies, use of cogeneration and modernisation of the energy production, transmission and distribution sectors, including district heating systems, are eligible to bid;
Amendment 584 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c
Article 10 c
By 30 June 2019, any Member State intending to make use of optional free allocation through competitive bidding shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment.
Amendment 588 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
Amendment 602 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 4
Article 10 c – paragraph 4
4. Transitional free allocations shall be deducted from the quantity of allowances that the Member State would otherwise auction. The total free allocation shall be no more than 40% of the allowances which the Member State concerned receives in the period 2021-30 pursuant to Article 10(2)(a) spread out in equal annual volumes over the period from 2021-30. The quantity of free allowances for all eligible Member States shall not be decreased by other mechanisms.
Amendment 604 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 5
Article 10 c – paragraph 5
5. AFree allocations to operators shall be made available upon demonstration of incurred expenditure, at the level of a capital group, for that an investment both selected according to the rules of the competitive bidding procesvia competitive bidding and included in the list of investments referred to paragraph 2. Free allocations to operators shall be based on an ex-ante benchmark. The ex- ante efficiency benchmark shall be based on the weighted average of emission levels of most greenhouse gas efficient electricity production covered by the scheme for installations using different fuels. The weighting shall reflect the shares of the different fuels in electricity production in the Member State concerned. The free allocations to individual operators for period 2021-30 shall be determined and published by each of the Member States concerned by 30 September 2019. The allocations along with the list of electricity generators shasll been carried out. updated in 2023 and 2027, taking into account new installations and most recent data available. The updated list of electricity generators shall be submitted to the Commission by 30 September 2024 and by 30 September 2028 respectively.
Amendment 610 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 6
Article 10 c – paragraph 6
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall report on this to the Commission on the balance of free allocation and investment expenditure incurred, and the Commission shall make such reports public.
Amendment 612 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 7 a (new)
Article 10 c – paragraph 7 a (new)
7a. Two years before the end of the period during which a Member State may give transitional free allocation to installations for electricity production the Member State concerned may request the extension of that period. The Commission shall assess the request and it may submit to the European Parliament and to the Council appropriate proposals, including the conditions that would have to be met in the case of an extension of that period.
Amendment 615 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 1
Article 10 d – paragraph 1
A fund to support investments in modernising energy systems and improving energy efficiency (including thermal energy, district heating, high efficiency cogeneration, renewable energy, geothermal heat) in Member States with a GDP per capita below 60% of the Union average in 2013 shall be established for the period 2021-30 and financed as set out in Article 10.
Amendment 642 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 2
Article 10 d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investment board (including thermal energy, district heating, high efficiency cogeneration, renewable energy, geothermal heat). To this end, the beneficiary Member States shall develop national guidelines and investment selection criteria specific to such projects in line with the objectives of the fund and the guidance elaborated by an advisory board referred to in paragraph 4. The rules shall be made public.
Amendment 652 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 3
Article 10 d – paragraph 3
3. The EIB is responsible for monetisation of the 2% allowances referred to in Article 10. Defining of monetisation calendar should be carried out in consultation with beneficiary Member State. The funds shall be distributed based on a combination of a 50% share of verified emissions and a 50% share of GDP criteria, leading to the distribution set out in Annex IIb.
Amendment 662 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
Amendment 701 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 5
Article 10 d – paragraph 5
5. The beneficiary Member States shall report annually to the management committeeadvisory board on investments financed by the fund. The report shall be made public and include:
Amendment 710 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 6
Article 10 d – paragraph 6
6. Each year, the management committeeadvisory board shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management committeeadvisory board.
Amendment 723 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 733 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(9) In Article 11a, paragraphs 8 and 9 are deleted. 8 is replaced by the following: Operators and aircraft operators may use the removal units in the Community scheme up to an amount corresponding to XX% of allowances to be auctioned during the period 2021-2030. Operators under Article 10c and Article 10a in low income Member States (GDP per capita below 60% of the EU average, references to GDP in 2013 in EUR at market prices) may use credits from projects issued pursuant to Article 24a and other projects administered by Member States that reduce greenhouse gas emissions not covered by the Community scheme. The amount of credits should be up to an amount corresponding to XX% of allowances to be auctioned by eligible Member States during the period 2021- 2030. Any such measures shall not result in the double-counting of emission reductions.
Amendment 742 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 755 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22a) In article 27, paragraph 1 is amended as follows: Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.
Amendment 7 #
2014/2246(INI)
Motion for a resolution
Recital A
Recital A
A. whereas cohesion policy for 2014-2020 is the EU’s main investment policy for achieving convergence, i.e. making the development levels of the EU's regions more equal, and whereas it is aligned with the goals of the Europe 2020 strategy for smart, sustainable and inclusive growth, with a budget of EUR 350 billion until the end of 2020;
Amendment 51 #
2014/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that cohesion policy is not a tool for implementing the Europe 2020 strategy and that the Europe 2020 strategy is an overarching, long-term ‘growth and jobs’ strategy of the European Union, built around five ambitious objectives: employment, innovation, climate change and energy sustainability, education, and fighting poverty and social exclusion;
Amendment 72 #
2014/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that cohesion policy for 2014-2020, in practice the most effective means of demonstrating solidarity and extending growth and prosperity throughout the EU and the key EU instrument for investment in the real economy, is fully aligned with the Europe 2020 objectives; stresses in this context that, through thematic concentration, the European Structural and Investment Funds (ESI Funds) are oriented towards 11 thematic objectives derived straight from the Europe 2020 objectives, and that preconditions linked directly to these thematic objectives have been established in order to ensure that investments are made in such a way as to maximise their effectiveness;
Amendment 182 #
2014/2246(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Points out, also, that cohesion policy remains a catalyst for change in all EU regions and a stimulator of growth in the less developed parts, especially those which have not embarked upon a path of development;