BETA

325 Amendments of Erika MANN

Amendment 22 #

2008/2289(INI)

Proposal for a recommendation
Paragraph 1 − point e
e) wishes to see clear guidelines on how best to ensure close cooperation with a view to promoting effective multilateralism and reinforcing the UN's capacities for preserving and consolidating peace, while also tackling, in the framework of international law, common threats to peace and security such as trafficking in drugs and arms, organised crime, terrorism and the mafias which profit from illegal immigrationhuman trafficking, in line with the Lima Declaration;
2008/12/17
Committee: AFET
Amendment 36 #

2008/2289(INI)

Proposal for a recommendation
Paragraph 1 − point j
j) wishes to see further progress in developing a comprehensive and structured dialogue on immigration, both legal and illegal, as well as on the links between migration and development, in line with the experiences of both Mexico and the EU on these subjects and with the Lima Declaration;deleted
2008/12/17
Committee: AFET
Amendment 38 #

2008/2289(INI)

Proposal for a recommendation
Paragraph 1 − point l
l) believes there must be a regular flow of information from the EU institutions and the Mexican government to the EP and EUROLATuropean Parliament on the state of play regarding the Strategic Partnership and on the monitoring of the actions taken under it;
2008/12/17
Committee: AFET
Amendment 9 #

2008/2204(INI)

Motion for a resolution
Recital D
D. whereas electronic commerce may be conducted either in the form of business to business or business to consumer or consumer to consumer transactions; whereas trading on Internet platforms has profoundly changed the manner in which people trade goods and services, creating new opportunities in particular for SMEs to reach new customers across borders,
2008/12/10
Committee: INTA
Amendment 10 #

2008/2204(INI)

Motion for a resolution
Recital D a (new)
Da. whereas preserving the openness of the Internet is a precondition for its continuous growth, as well as that of the wider economy and global trade, which increasingly ‘run’ on Internet technologies,
2008/12/10
Committee: INTA
Amendment 13 #

2008/2204(INI)

Motion for a resolution
Recital E
E. whereas electronic commerce is taking place in an environment which was primarily developed for educational reasons and thus was for many years an open and unsecured networkthe free flow of information is essential in order to facilitate electronic commerce and an open and secure network allowing dissemination of and access to Internet information is the foundation upon which the global economy of the 21st century is being built,
2008/12/10
Committee: INTA
Amendment 17 #

2008/2204(INI)

Motion for a resolution
Recital G
G. whereas the Internet offers consumers the possibility to make better commercial decisions in terms of quality and choice compared to traditional means of purchase, and online advertising has become an important means to facilitate cross-border trade for businesses of all sizes, but in particular for small and medium sized- enterprises(SMEs) to be able to reach new customers,
2008/12/10
Committee: INTA
Amendment 20 #

2008/2204(INI)

Motion for a resolution
Recital J
J. whereas e-commerce generally has a relatively highrelies on intellectual property contentprotection, and whereas a secure and predictable legal environment for intellectual property rights (IPR) can fosterprotection, as well as exceptions and limitations its development andneeded to promote technological innovation and the transfer/dissemination of technology,
2008/12/10
Committee: INTA
Amendment 21 #

2008/2204(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas companies delivering content services should be encouraged to engage in new and innovative business models embracing the opportunities offered by the Internet and e-commerce,
2008/12/10
Committee: INTA
Amendment 22 #

2008/2204(INI)

Motion for a resolution
Recital K
K. whereas the lack of central operational control, the anonymity and secrecy, the weak link between domain names and their actual content, the encryption, and proprietary networks pose further risks for the effectiveness of the taxation of online transactions,deleted
2008/12/10
Committee: INTA
Amendment 28 #

2008/2204(INI)

Motion for a resolution
Paragraph 3
3. Believes that Small and Medium-Sized Enterprises (SMEs) and young entrepreneurs who are partly or entirely engaged in online trading activities, have found a comparatively low administrative and commercial low cost platform from which to promote, through customised online advertising, and sell their goods and services to a universally expanding clientele, thus bypassing obsolete trade barriers and penetrating previously remote and closed markets, principally due to the application of strict control practices at the distribution stage;
2008/12/10
Committee: INTA
Amendment 31 #

2008/2204(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the fact that consumers are benefiting from the access to a virtually unlimited range of goods and services due to the effective abolition of geographic, distance and space limitations as well as the possibility for transparent and unbiased information, the comparison of prices, the availability of customised online advertising, and the convenience of online "search and buy" twenty-four hours per day for anyone connected to the Internet at home, at work or elsewhere;
2008/12/10
Committee: INTA
Amendment 35 #

2008/2204(INI)

Motion for a resolution
Paragraph 6
6. Suggests that illegal behaviour, such as counterfeiting, piracy, fraud, breach of transaction security and violation of citizens' private space should not be attribu, which pre-existed in the physical world, is both facilitated and exacerbated toby the nature of the medium but has to be considered as aspects of illegal commercial activities which pre-existed in the physical world and have found new channels for discriminationand technological possibilities of the medium, and stresses that enforcement measures against this illegal behaviour must be strengthened and adapted accordingly;
2008/12/10
Committee: INTA
Amendment 38 #

2008/2204(INI)

Motion for a resolution
Paragraph 7
7. Supports the unconditional respect for public morals and ethics of states and peoples, but regrets the increasingly abusive recourse to censorship in respect of online services and products which operates as a disguised trade barrier; proposes therefore that trade agreements signed by the EU create a presumption in favour of open information flows over the Internet by requiring parties to refrain from imposing or maintaining unnecessary barriers to information flows across borders, and by applying the principles of non-discriminatory, transparent and least trade-restrictive regulation to Internet transactions;
2008/12/10
Committee: INTA
Amendment 39 #

2008/2204(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recognises the need for open standards and their importance for innovation, competition and effective consumer choice; proposes that trade agreements signed by the EU promote the broad and open use of the Internet for e- commerce, provided that consumers should be able to access and use services and digital products of their choice unless prohibited by national law;
2008/12/10
Committee: INTA
Amendment 40 #

2008/2204(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on the Commission to review the applicability of trade instruments so as to harmonise and open the use of spectrum in order to promote mobile access to Internet services spurring innovation, growth and competition;
2008/12/10
Committee: INTA
Amendment 44 #

2008/2204(INI)

Motion for a resolution
Paragraph 11
11. Considers that the discussion for the current and future challenges of global Internet trade should take place in a mutually supportive and structured cooperative framework based on institutionalised rules systems amongst interdependent actors; notes that the current modes of Internet governance are characterised by their hybrid nature lacking functional and regulatory hierarchical steering instrumentsenabling a modern and inclusive multi- stakeholder governance process as exemplified by the Internet Governance Forum;
2008/12/10
Committee: INTA
Amendment 45 #

2008/2204(INI)

Motion for a resolution
Paragraph 12
12. Regrets the absence of any progress under the WTO negotiations on the important issue of the classification of so- called "digitised products", the fact that the Doha Development Agenda does not mandate specific negotiations on e- commerce and that no progress has been made on the establishment of a permanent WTO Customs Duty Moratorium on Electronic Transmissions; notes that there is still uncertainty as to the proper customs valuation of digital products and there is still lack of agreement as to what rules and obligations (General Agreement on Tariffs and Trade, or General Agreement on Trade in Services or Trade-Related Aspects of Intellectual Property Rights) should apply to digitally- delivered products;
2008/12/10
Committee: INTA
Amendment 47 #

2008/2204(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the Commission's proposal to the WTO to update and expand the Ministerial Declaration on Trade in Information Technology Products, also known as the Information Technology Agreement (ITA), setting a short time frame, in order to give an additional boost to trade in these products, to attract more participants, to address non-tariff barriers and to address the increasing challenges of technological development and convergence; supports the Commission's position that a change in ITA criteria can only be made on the basis of consensus amongst all ITA participants, as provided by the agreement itself, and not as a result of litigation by some members;
2008/12/10
Committee: INTA
Amendment 50 #

2008/2204(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls upon the Commission to fully implement the letter and the spirit of the current ITA by reviewing its current classification practice and refraining from taking restrictive classification decisions on products such as LCD monitors, multifunctional printers, set top boxes with a hard drive and mobile phones;
2008/12/10
Committee: INTA
Amendment 51 #

2008/2204(INI)

Motion for a resolution
Paragraph 14
14. Emphasises the fact that bilateral and regional free trade agreements cannot provide complete answers to far-reaching market access; nevertheless, calls on the EU to include systematically in its bilateral and regional trade agreements explicit provisions covering e-commerce of goods, services an, unfettered information flows and broad and open use of the Internet for electronic commerce;
2008/12/10
Committee: INTA
Amendment 54 #

2008/2204(INI)

Motion for a resolution
Paragraph 15
15. Recalls that the conclusion of the Anti- Counterfeiting Trade Agreement has to provide a balance between the effective enforcement of IPRs and the protection of the fundamental rights of Internet consumers, without impeding innovation, restricting the free flow of information, or unduly burdening legitimate e-commerce services;
2008/12/10
Committee: INTA
Amendment 55 #

2008/2204(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Recalls that the Anti-Counterfeiting Trade Agreement has to strengthen rules on enforcement of IPRs, including in the online environment, and that Member States should take all relevant fundamental rights into account when implementing its provisions in national law;
2008/12/10
Committee: INTA
Amendment 59 #

2008/2204(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to develop a comprehensive strategy and to offerpolicy recommendations including the offering of incentives to SMEs, for enhanced participation of SMEs in online trading products and services, while basing such a strategy on a comparative economic analysis of the benefits of e-commerce and online advertising for SMEs, as well as case studies of successful EU SMEs trading online;
2008/12/10
Committee: INTA
Amendment 1 #

2008/2199(INI)

Draft opinion
Paragraph 1
1. Is convinced that the Transatlantic Economic Council (TEC) could become the most appropriate mechanism for managing the transatlantic economic relationship and stresses the need for it to continue, develop and be strengthened following the change of administration in the United States in January 2009 and the appointment of a new European Commission later in the year so as to achieve the goal of a transatlantic market without non-tariff barriers;
2009/01/21
Committee: INTA
Amendment 2 #

2008/2199(INI)

Draft opinion
Paragraph 4
4. Believes, at the same time, that transatlantic economic cooperation must be made more accountable, transparent and predictable; schedules of meetings, agendas, road-maps and progress reports must be agreed upon between the core stakeholders as early as possible and then should be published on a website;
2009/01/21
Committee: INTA
Amendment 6 #

2008/2199(INI)

Draft opinion
Paragraph 8 a (new)
8a. Recommends that the next TEC meeting should discuss whether it would be helpful to integrate more technical topics into the TEC environment and whether greater cooperation between the EU and the US is essential in order to achieve a workable cap-and-trade- emission system ; recommends that existing common international benchmarks for energy-intensive industries should be developed or integrated into the TEC process;
2009/01/21
Committee: INTA
Amendment 7 #

2008/2199(INI)

Draft opinion
Paragraph 8 b (new)
8b. Considers that the Transatlantic Legislative Dialogue (TLD), at its next meeting in April 2009 in Prague, should evaluate the work of the TEC and work out a method of strengthening the involvement of the TLD in the TEC process;
2009/01/21
Committee: INTA
Amendment 4 #

2008/2171(INI)

Draft opinion
Paragraph 2
2. Underlines China’s global responsibility to ensure its economic growth is environmentally sustainable; stresses that a positive approach by China will be critical for the success of negotiations on a post- 2012 Climate Change agreement; notes the threat of carbon leakage if China does not commit to sufficient action; requests work with China (and other major trading partners) on WTO-compatible ‘border adjustment measures’ which respect, in a fair and sustainable way, existing differences with the goal of eliminating these in an agreeable time-frame;
2008/11/20
Committee: ITRE
Amendment 10 #

2008/2171(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to consider a formal agreement with China to promote cooperation on R & Densure that all existing R & D agreements work effectively with China to promote cooperation on R & D; recommends concentrating R & D efforts between EU and China more strategically and in a more relevant way in terms of technology breakthroughs, societal needs, environmental urgencies and future economic developments;
2008/11/20
Committee: ITRE
Amendment 15 #

2008/2171(INI)

Draft opinion
Paragraph 4 a (new)
4a. Supports the proposal to set up an ‘EU-China High-Level Economic and Trade Dialogue Mechanism (HLM)’, which will not replace existing dialogues but will instead support them by providing political impetus; since this idea touches on many highly relevant topics for Parliament, like IPR, market access, environment, high-technology transfer, energy, and trade imbalance, requests that Parliament be informed about progress on this proposal on a timely and regular basis;
2008/11/20
Committee: ITRE
Amendment 17 #

2008/2171(INI)

Draft opinion
Paragraph 4 b (new)
4b. Requests that the Commission works even more, and more closely, with European standard and standard management organisations which are operating successfully in China, to ensure consistency in standardisation and conformity procedures and assessment;
2008/11/20
Committee: ITRE
Amendment 18 #

2008/2171(INI)

Draft opinion
Paragraph 4 c (new)
4c. Requests that the Commission ensure that, with regard to consumer safety, all European standards are met once a product or service is targeted for export to the EU; requests an overview from the Commission of existing loopholes (legal or standard driven); requests that the Commission and the Council ensure that all WTO and EU SPS measures are included in the relevant chapters of the EU-China PCA and wishes to be informed about any departure from such an understanding;
2008/11/20
Committee: ITRE
Amendment 19 #

2008/2171(INI)

Draft opinion
Paragraph 4 d (new)
4d. Requests that the Commission and the Council evaluate existing export restrictions between the EU and China because of dual-use export restrictions with regard to high-tech products and services; requests that the Commission compare those specific EU-China restrictions with restrictions between China and its other major trading partners;
2008/11/20
Committee: ITRE
Amendment 21 #

2008/2171(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to evaluate, as early as possible, the impact the financial and economic crisis is having on relevant European industry and service sectors, which play a crucial role in defining the export-import relationship between the EU and China; requests that this evaluation be sent to Parliament as soon as a clear trend is recognisable;
2008/11/20
Committee: ITRE
Amendment 22 #

2008/2171(INI)

Draft opinion
Paragraph 5 b (new)
5b. Requests from the Commission a full overview – sector by sector – of changes occurring in the European industry and service sector since and because China became a member of the WTO; requests that this overview include an evaluation of relevant shifts in the supplier distribution chain across Asia since China’s entry into the WTO in so far as it affects the EU;
2008/11/20
Committee: ITRE
Amendment 28 #

2008/2171(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on China to favour more economically sustainable, environmentally friendly and socially just development; believes that all existing dialogues between the EU and China offer a great opportunity to focus on such challenges.
2008/11/20
Committee: ITRE
Amendment 14 #

2008/2135(INI)

Motion for a resolution
Recital I
I. whereas both parties reaffirm their commitment for tariff reductions, progressive reciprocalfurther liberalisation of establishment and trade in services; whereas therefore the FTA should address issues of investmentinvestment should be undertaken carefully and with great care and should be evaluated carefully,
2009/02/03
Committee: INTA
Amendment 18 #

2008/2135(INI)

Motion for a resolution
Recital J
J. whereas market access is being hampered by Non-tariff Barriers to Trade (NTBs) such as health and safety requirements or technical barriers, quantitative restrictions, conformity procedures, trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards in all areas,
2009/02/03
Committee: INTA
Amendment 19 #

2008/2135(INI)

Motion for a resolution
Recital K
K. whereas even more account should be duly taken of the elements on recognition, suitable and effective protection, implementation and enforcement of Intellectual Property Rights (IPRs),
2009/02/03
Committee: INTA
Amendment 26 #

2008/2135(INI)

Motion for a resolution
Recital O
O. whereas studies show that the more ambitious the FTA, the more positive economic effects for both EU and India,deleted
2009/02/03
Committee: INTA
Amendment 31 #

2008/2135(INI)

Motion for a resolution
Paragraph 1
1. Believes that the FTA should be comprehensive, compatible with and complementary to the WTO rules and obligations; the DDA remains both the European Union's and India's trade priority;
2009/02/03
Committee: INTA
Amendment 36 #

2008/2135(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the outcome of the 9th EU- India Summit and the revised Joint Action Plan; recalls the pledge of the European Union and India to accelerate FTA talks; is disappointed withoptimistic for the slow pace of negotiationg term but remains; callutious for both parties to conclude a comprehensive, ambitions and balanced FTA by the end of 2009the short term on the likelihood of concluding an FTA soon;
2009/02/03
Committee: INTA
Amendment 42 #

2008/2135(INI)

Motion for a resolution
Paragraph 5
5. Points to the future potential for an increase in EU-India trade and investment; considers the EU- India FTA overall as as win-win scenario, but recommends that an evaluation be carried out of the existing sector-specific difficulties;
2009/02/03
Committee: INTA
Amendment 53 #

2008/2135(INI)

Motion for a resolution
Paragraph 7
7. RegretNotes that India maintains the principle of asymmetry; urgesrequests that the Commission to push for a reciprocal, evaluates the impact for the European Union of an asymmetrical FTA;
2009/02/03
Committee: INTA
Amendment 65 #

2008/2135(INI)

Motion for a resolution
Paragraph 10
10. Notes that India is concerned about the lack of harmonisation of micro-biological standards in the EU, implications of REACH, costly certificates and conformity procedures; stresses that these issues must be resolved in the FTA; calls on both parties to ensure that regulation and NTBs do not are managetd in the way of tradesuch a way that overall trade is not hampered;
2009/02/03
Committee: INTA
Amendment 66 #

2008/2135(INI)

Motion for a resolution
Paragraph 11
11. Acknowledges that India's standards regime is still evolving; calls on the Bureau of Indian Standards to raise its standards in line with international standards and to increase transparency by improving its testing and certification procedures; is concerned about the implementation and monitoring of Sanitary & Phytosanitary measures and standards;
2009/02/03
Committee: INTA
Amendment 78 #

2008/2135(INI)

Motion for a resolution
Paragraph 15
15. Points out that India's services suffer from a range of horizontal barriers; stresses that the challenge for the FTA is not only to accelerate liberalisation in India's services sectors, but also to facilitate the implementation of a range of complementary reforms;
2009/02/03
Committee: INTA
Amendment 83 #

2008/2135(INI)

Motion for a resolution
Paragraph 16
16. Encourages India to develop appropriatestate of the art data protection legislation to allow or enable transfer of personal data from the EU on the basis of European/International legislation;
2009/02/03
Committee: INTA
Amendment 88 #

2008/2135(INI)

Motion for a resolution
Paragraph 19
19. Notes that India is gradually liberalising its banking sector; encourages India to allow more competition;deleted
2009/02/03
Committee: INTA
Amendment 95 #

2008/2135(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the Indian pledge to allow foreign law firms to operate in India; calls on the Commission to push for liberalisation ofinclude legal services in the FTA;
2009/02/03
Committee: INTA
Amendment 99 #

2008/2135(INI)

Motion for a resolution
Paragraph 21
21. Notes that the full ambition of the FTA cannot be achieved without commitments in Mode 4relevant achievements for India in Mode 4 areas; nevertheless requests a thorough analysis for the individual Member States of the EU;
2009/02/03
Committee: INTA
Amendment 100 #

2008/2135(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Requests from India a more open approach in granting visas to citizens and business professionals and politicians from the European Union with multiple entries and minimum one year duration;
2009/02/03
Committee: INTA
Amendment 107 #

2008/2135(INI)

Motion for a resolution
Paragraph 24
24. RegretNotes that India is not willing to include public procurement in the FTA; calls on the Commission to negotiate effective and transparent procurement systems;
2009/02/03
Committee: INTA
Amendment 138 #

2008/2135(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Stresses that states with complex societies and economies, which move more and more from bilateral trade agreements to more sophisticated bilateral trade relations must ensure a stable and secure environment in general; is concerned about the lack of security in India; calls on India to take the various minor and severe attacks from various political groups more seriously;
2009/02/03
Committee: INTA
Amendment 67 #

2008/2004(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Requests from the Commission a detailed overview about specific service sectors like software, film, logistics and financial services which play a crucial role in certain developing countries and which are provided and distributed worldwide; further requests from the Commission a detailed analyses how this effects the European service market;
2008/06/04
Committee: INTA
Amendment 68 #

2008/2004(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Requests from the Commission a detailed overview about substantial data mining services which are operating on a global scale; further requests from the Commission detailed information about location, operators, size and quality of service;
2008/06/04
Committee: INTA
Amendment 80 #

2008/2004(INI)

Motion for a resolution
Paragraph 14
14. Takes note of the pressurequest from developing countries on especially the EU and US to improve offers in Mode 4; considers it necessary to find the right balance in order to satisfy both sides; requests that the Commission inform it about any changes from the original requests;
2008/06/04
Committee: INTA
Amendment 97 #

2008/2004(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recommends to the Commission to offer assistance to developing countries to create public understanding and a state driven response to the concept of services of general interest;
2008/06/04
Committee: INTA
Amendment 63 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. NOwing to their high level of neurophysiological sensitivity and cognitive development, non-human primates shall not be used in procedures, with the exception of those procedures meeting the following conditions:
2009/02/23
Committee: ITRE
Amendment 65 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) (a) the procedure has one of the purposes referred to in points (1), (2)(a), (3) and is undertaken with a view to the avoidance, prevention, diagnosis or treatment of life- threatening or debilitating clinical conditions in human beings or the purpose referred to in pointor (5) of Article 5;
2009/02/23
Committee: ITRE
Amendment 70 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) there is a scientific justification by the applicant to the competent national authority that the purpose of the procedure cannot be achieved by the use of other species than non-human primates.
2009/02/23
Committee: ITRE
Amendment 73 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Notwithstanding paragraph 1, great apes shall not be used in procedures, subject to the use of the safeguard clause in Article 50iven their particularly high level of neurophysiological sensitivity and cognitive development, procedures may be carried out on great apes only with a view to the avoidance, prevention, diagnosis or treatment of clinical conditions that are life-threatening for human beings or these animal species or which cause serious suffering and impairment or which threaten the survival of the species.
2009/02/23
Committee: ITRE
Amendment 98 #

2008/0211(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not performed if the pain, suffering or distress is likely to be prolonged.deleted
2009/02/23
Committee: ITRE
Amendment 100 #

2008/0211(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not performed only if the pain, suffering or distress is likely to be prolongedir relevance is scientifically apparent.
2009/02/23
Committee: ITRE
Amendment 101 #

2008/0211(COD)

Proposal for a directive
Article 16
1. Member States shall ensure that an animal already used in a procedure, when a different animal on which no procedures hasve previously been carried out could also be used, may be re-used in a new procedure only when all of the following conditions are met: (a) the previous procedure was classified as 'up to mild'; (b) it is demonstrated thasubsequent unconnected new procedures only when it its general state of health and well-being has been fully restored; (c) the further procedure is classified as 'up to mild' or 'non-recovery'. 2. By way of derogation from paragraph 1, the competent authority, on the basis of scientific justification, may allow re-use of an animal as long as the animal is not used more than once after having undergone a procedure entailing severe pain, distress or equivalent suffering and the further procedure is classified as 'up to mild' or as 'non-recovery'established that it serves the principles of avoiding, reducing and refining animal experiments.
2009/02/23
Committee: ITRE
Amendment 148 #

2008/0211(COD)

Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure that projects are not carried out without a prior authorisation by the competent authority, unless they are subject only to obligatory notification.
2009/02/23
Committee: ITRE
Amendment 150 #

2008/0211(COD)

Proposal for a directive
Article 35 – paragraph 2
2. Granting of authorisation shall be subject to favourable ethical evaluation byon the competent authoritybasis of information provided by the applicant.
2009/02/23
Committee: ITRE
Amendment 159 #

2008/0211(COD)

Proposal for a directive
Article 36 – paragraph 1 – point c a (new)
(ca) a scientifically justified statement that the research project is indispensable and ethically defensible and that the purposes of the project cannot be achieved using other methods or procedures.
2009/02/23
Committee: ITRE
Amendment 161 #

2008/0211(COD)

Proposal for a directive
Article 37 – paragraph 1
1. The ethical evaluationBefore authorisation is granted, it shall be verifyied that the project as described and scientifically justified by the applicant meets the following criteria: (a) the project is scientifically justified or required by law, indispensable and ethically defensible; (b) the purposes of the project justify the use of animals and cannot be achieved through other methods or procedures; (c) the project is designed so as to enable procedures to be carried out in the most humaneanimal-welfare oriented and environmentally sensitive manner.
2009/02/23
Committee: ITRE
Amendment 162 #

2008/0211(COD)

Proposal for a directive
Article 37 – paragraph 2 – point d
(d) a harm-benefit analysis of the project, to assess whether the harm to the animals in terms of suffering, pain and distress, and to the environment, where appropriate, is justified byethically defensible in the light of the expected advancement of science that ultimately benefits human beings, animals or the environment;
2009/02/23
Committee: ITRE
Amendment 166 #

2008/0211(COD)

Proposal for a directive
Article 37 – paragraph 3 – introductory part
3. The competent authority carrying out the ethical evaluation shall consider corresponding expertsise in particular in the following areas:
2009/02/23
Committee: ITRE
Amendment 168 #

2008/0211(COD)

Proposal for a directive
Article 37 – paragraph 4
4. Ethical evaluation shall be performed in a transparent manner, by integrating the opinion of independent partiesby integrating independent expertise whilst safeguarding intellectual property and confidential information.
2009/02/23
Committee: ITRE
Amendment 172 #

2008/0211(COD)

Proposal for a directive
Article 38
1. The ethical evaluation shall determine, on the basis of the harm-benefit analysis referred to in point (d) of Article 37(2), whether the project should, once it has been completed, be assessed retrospectively by the competent authority. If a retrospective assessment is deemed appropriate, the ethical evaluation shall determine, in relation to the project concerned, the deadline by which the retrospective assessment is to take place. 2. Retrospective assessment shall evaluate the following: (a) whether the objectives of the project were achieved; (b) harm inflicted on animals including the numbers and species of animals used and the severity of the procedures; (c) elements that may contribute to the further implementation of the requirement of replacement, reduction and refinement. 3. All projects using non-human primates shall undergo a retrospective assessment. 4. Without prejudice to paragraph 3, all projects involving only procedures classified as "up to mild" shall be exempted from the requirement for a retrospective assessment.Article 38 deleted Retrospective assessment
2009/02/23
Committee: ITRE
Amendment 189 #

2008/0211(COD)

Proposal for a directive
Article 43 – paragraph 1
1. Member States shall ensure that the decision to grant an authorisation is taken and communicated to the user establishment at the latest within 390 days from the submission of the application. Should the Member Statecompetent authority fail to take a decision within that period, the authorisation shall be deemed to have been granted, where the project concerned involves only procedures classified as "up to mild" and non-human primates are not used. In all other cases, no such presumption shall apply.
2009/02/23
Committee: ITRE
Amendment 192 #

2008/0211(COD)

Proposal for a directive
Article 43 – paragraph 2
2. Notwithstanding paragraph 1, in exceptional circumstances and where the project is non-routine, multi-disciplinary and innovative, the decision to grant an authorisation shall be taken and communicated to the user establishment within 60 days from the submission of the application.deleted
2009/02/23
Committee: ITRE
Amendment 217 #

2008/0211(COD)

Proposal for a directive
Annex IV – point 3 – point 3.5 – point a
(a) USufficient uncontaminated drinking water shall always be available to all animals.
2009/02/23
Committee: ITRE
Amendment 94 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b – paragraph 2
2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0.118. It shall not exceed EUR 0.15, EUR 0.13 and EUR 0.12 from 1 July 2010 1 July 2011 and 1 July 2012 respectively.
2009/02/02
Committee: ITRE
Amendment 126 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1
3. By 1 JulyDecember 20109 at the latest, the home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit, expressed in the currency in which the roaming customer is billed, for their outstanding charges for regulated data roaming services.
2009/02/02
Committee: ITRE
Amendment 144 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2 a (new)
In addition, the home provider shall notify the roaming customer of the date on which the monthly outstanding charges for regulated data roaming services have reached an amount yet to be defined until December 2009 and shall allow the customer to request the immediate termination of those services.
2009/02/02
Committee: ITRE
Amendment 145 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3
The home provider shall also ensure that an appropriate warning message is sent to the roamingmay, in addition, offer other tariffs or facilities with different limits (including an unlimited tariff) and customer's mobile telephone or other device before one or more intermediate charge limits, agreed between the customer and the home provider in advance, are reached. This warning message shall inform the roaming customer that the Cut-Off Limit is about to be reached and indicate the procedure to be followay choose such other tariffs or facilities at any time. Customers who have not made a deliberate choice of such other tariffs or facilities by 1 June 2010 shall be provided byon the customer if he or she wishes to request the continued or renewed provision of those servicesat date with the arrangements detailed in subparagraph 1.
2009/02/02
Committee: ITRE
Amendment 145 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point t
(t) 'Combustion installation' means any stationary technical unit in which fuels are oxidised producing heat or mechanical energy or both, and other directly associated activities including waste gas scrubbing are carried outfor delivery to final consumers outside the combustion installation concerned;
2008/06/26
Committee: ITRE
Amendment 221 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production. except for 1) Cogeneration installations; 2) Energy production through waste products from industrial production processes
2008/06/26
Committee: ITRE
Amendment 232 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
1a. To those sectors were it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, a maximum amount of allowances shall be allocated for the CO2 cost pass-through in electricity prices. This allocation shall be based on the average yearly defined electricity consumption of those installations and the expected CO2 cost pass-through of typical marginal price-setting power production, and shall be in addition of any free allocation for direct emissions and without changing the total quantity of allowances in accordance with Article 9.
2008/06/26
Committee: ITRE
Amendment 237 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generatorproduced outside cogeneration installations, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
2008/06/26
Committee: ITRE
Amendment 247 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through Energy production plants whigch efficiencyuse cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equashall treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respectceive a free allocation of allowances ofn the production of that heat shall be adjusted by the linear factor referred to in Article 9basis of Europe-wide harmonised benchmarks.
2008/06/26
Committee: ITRE
Amendment 257 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary. to comply with the quantities determined in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9.
2008/06/26
Committee: ITRE
Amendment 260 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. A correction factor shall be applied where necessary to comply with the quantities determined in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9.
2008/06/26
Committee: ITRE
Amendment 276 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants unless derived from 1. cogeneration, or 2. energy generation from waste products of industrial production processes.
2008/06/30
Committee: ITRE
Amendment 286 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
7. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocations shall decrease each year by equal amounts resulting in no free allocation in 2020be adjusted by the linear factor referred to in Article 9.
2008/06/30
Committee: ITRE
Amendment 306 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 June 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
2008/06/30
Committee: ITRE
Amendment 325 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
Not later than June 2011,September 2009 the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy- intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. Thise measures in support of specific energy-intensive sectors referred to in this article may be lifted only by an international agreement setting the same reduction targets as are imposed on the Member States. The report shall be accompanied by any appropriate proposals, which may include:
2008/06/30
Committee: ITRE
Amendment 329 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 2 a (new)
2a. An international agreement including energy-intensive industries exposed to a significant risk of carbon leakage, or a sector specific international agreement on such industries must comply at least with the following criteria in order to provide a level playing field on installation level for sectors determined to be exposed to significant risks of carbon leakage: (a) the participation of countries representing a critical mass of at least 85% of worldwide production, including the main emerging markets, (b) equivalent CO2 emission targets, (c) similar emission reduction systems with equivalent effect and based on benchmarks and imposed by all participating countries or from countries with non-equivalent CO2 emission targets in sectors covered by the EU ETS, (d) materials in competition have to be subject to equivalent restrictions taking into account life cycle aspects, (e) an effective international monitoring and verification system, (f) a binding dispute settlement regime and clear sanctioning rules, comparable to the EU system.
2008/06/30
Committee: ITRE
Amendment 374 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, 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 that are in place; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
2008/06/30
Committee: ITRE
Amendment 380 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
1. Upon the conclusion by the Community of an international agreement on climate change complying to the criteria in Article 10b paragraph 2a and leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council on the 8th and 9th of March 2007, paragraphs 2, 3 and 4 shall apply.
2008/06/30
Committee: ITRE
Amendment 393 #

2008/0013(COD)

Proposal for a directive – amending act
Annex I – point 2
Directive 2003/87/EC
Annex I – point 2
When calculating the total capacity of combustion installations, units with a rated thermal input under 3 MW shall not be taken into account for the purposes of this calculation.deleted
2008/06/30
Committee: ITRE
Amendment 2 #

2008/0000(INI)

Motion for a resolution
Citation 4 a (new)
– having regard to the Communication from the Commission to the Council and the European Parliament on the Competitiveness of the Metals Industries – A contribution to the EU's Growth and Jobs Strategy (COM(2008)0108),
2008/02/28
Committee: INTA
Amendment 78 #

2008/0000(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Welcomes the Commission's announcement to present a Communication in 2008 aimed at improving conditions of sustainable access to minerals and secondary raw materials at EU and international level;
2008/02/28
Committee: INTA
Amendment 93 #

2008/0000(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Is concerned that China does not allow foreign companies to have a majority stake in sectors such as steel and has introduced a variety of mechanisms that restrict the export of metals raw materials or provide governmental support for buying them from external sources; recognises that such practices create serious difficulties for EU industry and must be tackled using all available instruments, including through reinforced dialogue;
2008/02/28
Committee: INTA
Amendment 95 #

2008/0000(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Welcomes the Commission's initiative to continue to use all existing instruments to address trade practices in violation of international trade agreements as announced in its abovementioned Communication COM(2008)0108;
2008/02/28
Committee: INTA
Amendment 1 #

2007/2265(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to its resolution of 15 January 2008 on CARS 21: A Competitive Automotive Regulatory Framework1,
2008/03/06
Committee: INTA
Amendment 2 #

2007/2265(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to its resolution of 3 June 2003 on regional free trade areas and trade strategy in the European Union2,
2008/03/06
Committee: INTA
Amendment 34 #

2007/2256(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Notes that secure trade is particularly important in an ever more integrated global economy; urges the Transatlantic Legislators Dialogue (TLD), the Transatlantic Economic Council (TEC) and the Commission to continue their efforts to ensure that the US regulation to scan 100% bound cargo is modified in line with a risk-based approach; asks to support mutual recognition of 'authorised economic operators' and of security standards agreed by the World Customs Organisation (C-TPAT, SAFE framework);
2008/04/07
Committee: INTA
Amendment 1 #

2007/2198(INI)

Motion for a resolution
Citation 1 a (new)
1a. having regard to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007,
2008/03/26
Committee: INTA
Amendment 3 #

2007/2198(INI)

Motion for a resolution
Citation 2 a (new)
1 Texts adopted, P6_TA2a. having regard to the Communication from the Commission to the Council and the European Parliament on the competitiveness of the metals industries - A contribution to the EU's Growth and Jobs Strategy (SEC(20078)0533. 246),
2008/03/26
Committee: INTA
Amendment 21 #

2007/2198(INI)

Motion for a resolution
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,deleted
2008/03/26
Committee: INTA
Amendment 23 #

2007/2198(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the main task of TDIs is to protect the interests of producers and employees against impairment caused by dumping, illegal subsidies or sudden rises in imports,
2008/03/26
Committee: INTA
Amendment 24 #

2007/2198(INI)

Motion for a resolution
Recital E
E. whereas, anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,deleted
2008/03/26
Committee: INTA
Amendment 31 #
2008/03/26
Committee: INTA
Amendment 45 #
2008/03/26
Committee: INTA
Amendment 50 #

2007/2198(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes the Commission's initiative to review TDIs starting with the launching of a Green paper for public consultation entitled “Europe’s trade defence instruments in a Changing Global Economy” (COM(2006)0763);
2008/03/26
Committee: INTA
Amendment 54 #

2007/2198(INI)

Motion for a resolution
Paragraph 2
2. Reiterates the belief in the benefits of an open trading system, offsetting its potentially disruptive impact, and contributing decisively to the stimulation of growth and the creation of jobs; takes the view that the EU should continue to promote increased global liberalisation and free and fair trade and resist any protectionist temptation;deleted
2008/03/26
Committee: INTA
Amendment 58 #

2007/2198(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Notes the Commissions' retreat from its original idea to change TDIs after intensive discussions with the Parliament, the Council and the public;
2008/03/26
Committee: INTA
Amendment 62 #

2007/2198(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the TDI rules lack clarity in procedure which causes unnecessary uncertainty both in regard to the initiation, procedure of investigations and in the outcome of these investigations;deleted
2008/03/26
Committee: INTA
Amendment 66 #

2007/2198(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that in the absence of internationally agreed competition rules, there is no alternative but TDIs to deal with unfair trade practices in the EU; notes the main task of TDIs is to protect the interests of producers and employees against impairment caused by dumping or illegal subsidies or sudden rises in imports;
2008/03/26
Committee: INTA
Amendment 73 #

2007/2198(INI)

Motion for a resolution
Paragraph 4 a (new)
1 OJ L 56, 6.3.1996, p. 1.4a. Notes with great interest and strong support the Commission's support for the European metal industry in ensuring that all existing instruments will be used to address trade practices in violation of international trade agreements as expressed in its Communication on the competitiveness of the metal industries (COM(2008)0108); Or. en
2008/03/26
Committee: INTA
Amendment 76 #
2008/03/26
Committee: INTA
Amendment 79 #

2007/2198(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Believes that the credibility and effectiveness of the trade defence policy as an instrument of EU competitiveness needs to be improved and its legitimacy must be increased until the new Treaty comes into place thereby ensuring the real and strong involvement of the European Parliament in all TDI related matters;
2008/03/26
Committee: INTA
Amendment 81 #

2007/2198(INI)

Motion for a resolution
Paragraph 6
6. Is worried about the lack of coordination between the internal policies of the EU, especially those dealing with industry related matters (including the anti-competition law) and trade defence remedies;deleted
2008/03/26
Committee: INTA
Amendment 83 #

2007/2198(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Highlights that through the Treaty of Lisbon, the European Parliament will gain co-decision powers in TDI matters; advises the Commission therefore against introducing any kind of changes to the TDI procedures in the meantime;
2008/03/26
Committee: INTA
Amendment 86 #
2008/03/26
Committee: INTA
Amendment 93 #

2007/2198(INI)

Motion for a resolution
Paragraph 9
9. Urges the Commission to revise its standards of initiation for new TDI investigations and ensure that the complaining industry provides prima facie evidence that all the AD basic requirements (dumping, injury, causal link) have been met and that measures are not overly and clearly against community interest;deleted
2008/03/26
Committee: INTA
Amendment 100 #

2007/2198(INI)

Motion for a resolution
Paragraph 10
10. Believes that it responds to sound legal and logic principles that complainants in TDI investigations have to substantiate their allegations and prove that these measures are in the broader Community interest;deleted
2008/03/26
Committee: INTA
Amendment 105 #

2007/2198(INI)

Motion for a resolution
Paragraph 11
11. Calls on the commission to reconsider the standing requirement for the initiation of new AD and countervailing duty (CVD) investigations (currently fixed at 25%) of the Community production of a given item, by taking inspiration from applicable European competition legislation;deleted
2008/03/26
Committee: INTA
Amendment 108 #

2007/2198(INI)

Motion for a resolution
Paragraph 12
12. Believes that a modernized definition of “Community industry” should take the value added in Europe through the new and global supply chains into consideration; calls on the Commission to reconsider the present definition of "Community industry", by laying down objective criteria to grant the status of Community industry;deleted
2008/03/26
Committee: INTA
Amendment 112 #

2007/2198(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to take into serious consideration the position of European importers, wholesalers and retailers in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 116 #

2007/2198(INI)

Motion for a resolution
Paragraph 14
14. Calls on Commission and the Member States to take into account the impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice;deleted
2008/03/26
Committee: INTA
Amendment 120 #

2007/2198(INI)

Motion for a resolution
Paragraph 15
15. Regrets the fact that the decision- making process concerning the award of country-wide market economy status to third countries in TDI investigations often lacks transparency and logic; urges the Commission to ensure that the choice of the "analogue country" is based on realistic and duly motivated criteria;deleted
2008/03/26
Committee: INTA
Amendment 123 #

2007/2198(INI)

Motion for a resolution
Paragraph 16
16. Takes the view that the countervailing duty instrument should be used in preference to the anti-dumping instrument in all cases where this is legally and economically feasible;deleted
2008/03/26
Committee: INTA
Amendment 127 #

2007/2198(INI)

Motion for a resolution
Paragraph 17
17. Recalls that countervailing duty investigations may be able to more precisely target the real causes of trade distortion than anti-dumping, in particular in cases involving economies in transition, where in anti-dumping cases, the "normal value" is established in relation to an often inappropriate analogue country;deleted
2008/03/26
Committee: INTA
Amendment 133 #

2007/2198(INI)

Motion for a resolution
Paragraph 18
18. Points out that the TDI rules lack clarity in procedure which causes unnecessary uncertainty in regard to the initiation of investigations and the results of the investigations;deleted
2008/03/26
Committee: INTA
Amendment 135 #

2007/2198(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to offer consultations with all interested parties including consumers' associations and trade unions at any stage of the proceeding;deleted
2008/03/26
Committee: INTA
Amendment 136 #

2007/2198(INI)

Motion for a resolution
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties;deleted
2008/03/26
Committee: INTA
Amendment 138 #

2007/2198(INI)

Motion for a resolution
Paragraph 21
21. Urges the Commission to improve transparency and promote accessibility to TDIs in particular with regard to the functioning of the Anti-Dumping Committee;deleted
2008/03/26
Committee: INTA
Amendment 141 #

2007/2198(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;deleted
2008/03/26
Committee: INTA
Amendment 145 #

2007/2198(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to make public and available the agenda of the Anti-Dumping Committee and non- confidential documents concerning trade defence investigations on its internet site in a timely manner;deleted
2008/03/26
Committee: INTA
Amendment 146 #

2007/2198(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission to grant stakeholders the necessary time to react to the initiation of a new investigation and register themselves as interested parties;deleted
2008/03/26
Committee: INTA
Amendment 147 #

2007/2198(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to extend the consultation period for importers and users in particular as far as the determination of the analogue country is concerned;deleted
2008/03/26
Committee: INTA
Amendment 152 #

2007/2198(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to reconsider the EU’s current de minimis threshold presently fixed at 2% ad valorem; calls on the Commission to set a new de minimis threshold that would ensure that restrictions are not being imposed on imports that do not inflict real material injury on European economic operators;deleted
2008/03/26
Committee: INTA
Amendment 154 #

2007/2198(INI)

Motion for a resolution
Paragraph 27
27. Takes the view that AD and countervailing duty measures applied by the Commission should take the alternative form of quotas or tariff-quotas when this is deemed appropriate and that a phase-in or phase-out system similar to the one implemented in the footwear case is put into operation in new cases involving products suitable for final consumption;deleted
2008/03/26
Committee: INTA
Amendment 159 #

2007/2198(INI)

Motion for a resolution
Paragraph 28
28. Stresses that the investigating authority should introduce a "shipping clause", to exclude from the scope of measures products that have been shipped on or before the day of the entry into force of those measures;deleted
2008/03/26
Committee: INTA
Amendment 162 #

2007/2198(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission and the Council to ensure the fullest possible transparency and objectivity of the decision-making process in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 165 #

2007/2198(INI)

Motion for a resolution
Paragraph 30
30. Urges the Commission and the Council to carefully review the way the Community institutions work together in anti-dumping and countervailing duty investigations so as to enhance their transparency and efficiency and ensure a more consistent and balanced result of new TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 167 #

2007/2198(INI)

Motion for a resolution
Paragraph 31
31. Stresses the importance of a transparent and democratic process in the Council based on the rules of majority voting;deleted
2008/03/26
Committee: INTA
Amendment 174 #

2007/2198(INI)

Motion for a resolution
Paragraph 32
32. Believes that the credibility and effectiveness of the trade defence policy as an instrument of EU competitiveness needs to be improved and its legitimacy should be increased by more involvement of the European Parliament;deleted
2008/03/26
Committee: INTA
Amendment 179 #

2007/2198(INI)

Motion for a resolution
Paragraph 33
33. Welcomes the fact that trade legislation on TDIs will come, with the Reform Treaty, in the scope of the co- decision procedure;ted
2008/03/26
Committee: INTA
Amendment 183 #

2007/2198(INI)

Motion for a resolution
Paragraph 34
34. Underlines the need for the Commission to make a study for further reform of TDIs which would take into account the changing patterns of the world economy, irrespective of the disappointing results achieved by the Doha Development Agenda so far;deleted
2008/03/26
Committee: INTA
Amendment 186 #

2007/2198(INI)

Motion for a resolution
Paragraph 35
35. Urges the Commission to review the Community interest test, to give it the same weight as the existing three criteria, e.g. dumping, causality and injury and to set up, after public consultation, clear and legally binding guidelines on the methodological approach followed by the investigating authority;deleted
2008/03/26
Committee: INTA
Amendment 193 #

2007/2198(INI)

Motion for a resolution
Paragraph 36
36. Calls on the Commission to negotiate the inclusion of a clause on mutual recognition of competition legislation in free trade agreements (FTAs) or other bilateral agreements;deleted
2008/03/26
Committee: INTA
Amendment 195 #

2007/2198(INI)

Motion for a resolution
Paragraph 37
37. Urges the Commission and the Council to actively work towards the creation of conditions for a new WTO multilateral agreement which would create a world-wide system of competition law able to replace the current TDI system (at least as far as AD and CVD are concerned);deleted
2008/03/26
Committee: INTA
Amendment 199 #

2007/2198(INI)

Motion for a resolution
Paragraph 38
38. Urges the Member States to maintain a common approach to this issue which would enable a better use of TDIs in the Community;deleted
2008/03/26
Committee: INTA
Amendment 204 #

2007/2198(INI)

Motion for a resolution
Paragraph 39
39. Calls on the Commission to pursue with coherence and determination the objective of modernising TDIs and making them more suitable to face new globalisation challenges while refraining from any protectionist behaviours;deleted
2008/03/26
Committee: INTA
Amendment 37 #

2007/2184(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Recalls that parliamentarians, as elected representatives of the citizens, have an important role to play in trade negotiations and, in particular, in WTO negotiations;
2008/03/03
Committee: INTA
Amendment 38 #

2007/2184(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls on WTO members to provide sufficient support to their parliamentarians to take part in the development of a parliamentary dimension to the WTO; urges the Commission to take initiatives to this end at the WTO; stresses that, until the WTO assumes this responsibility, the parliamentary dimension on the WTO will be granted by the Parliamentary Conference on the WTO jointly co- organised by the European Parliament and the Inter-Parliamentary Union
2008/03/03
Committee: INTA
Amendment 10 #

2007/2118(INI)

Motion for a resolution
Recital D a (new)
Da. whereas plans currently exist for the construction of numerous infrastructure projects in the Baltic Sea (Nord Stream, wind farms, the Scanled Baltic Pipe, a gas pipeline between Finland and Estonia, power cables between Sweden and Lithuania, LNG terminals in Świnoujścje, etc.),
2008/05/08
Committee: PETI
Amendment 11 #

2007/2118(INI)

Motion for a resolution
Recital D b (new)
Db. whereas Decision 1364/2006/EC of the European Parliament and of the Council explicitly recognises Nord Stream to be a project of European interest due to its significant contribution to European security of energy supplies,
2008/05/08
Committee: PETI
Amendment 12 #

2007/2118(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas Decision 1364/2006/EC of the European Parliament and of the Council requires Member States to take any measures they consider necessary to facilitate and speed up the completion of projects of common interest and to minimise delays,
2008/05/08
Committee: PETI
Amendment 13 #

2007/2118(INI)

Motion for a resolution
Recital D d (new)
Dd. whereas natural gas is the cleanest of all fossil fuels since its combustion emits almost 30 per cent less carbon dioxide (CO2) than oil, and about 45 per cent less than coal;
2008/05/08
Committee: PETI
Amendment 14 #

2007/2118(INI)

Motion for a resolution
Recital D e (new)
De. whereas the growing contribution of natural gas to the energy balance in Europe has been – especially since 1990 – the major single source of reduction of carbon dioxide (CO2) emissions,
2008/05/08
Committee: PETI
Amendment 29 #

2007/2118(INI)

Motion for a resolution
Recital N
N. having regard to the potential impact of a major breakdown of the gas pipeline on the Baltic marine environment and on states bordering on the Baltic, and in particular the threat to the biosphere resulting from reduced oxygwhich demands a thorough analysis in compliance with the Espoo Convention, the HELCOM Convenation levels and the supersaturation of sea water with the escaping gasand all other pertinent European and national legislation,
2008/05/08
Committee: PETI
Amendment 30 #

2007/2118(INI)

Motion for a resolution
Recital N a (new)
Na. whereas the Espoo and HELCOM Conventions, as well as the United Nations Convention on the Law of the Sea (UNCLOS), have been properly transposed into national laws of the EU Member States bordering the Baltic Sea,
2008/05/08
Committee: PETI
Amendment 31 #

2007/2118(INI)

Motion for a resolution
Recital N b (new)
Nb. whereas Russia has agreed to adhere strictly to the Espoo Convention in the case of the Nord Stream project,
2008/05/08
Committee: PETI
Amendment 33 #

2007/2118(INI)

Motion for a resolution
Recital O
O. having regard to the potential fire hazard and the risk of loss of buoyancy and the sinking of vessels resulting from a breakdown of the gas pipeline,deleted
2008/05/08
Committee: PETI
Amendment 39 #

2007/2118(INI)

Motion for a resolution
Recital P
P. whereas the construction of the North European Gas Pipeline will result in a technogenic impact on an undersea lane 1 200 km long and approximately 2 km wide, with an area of 2 400 km², which will thus become the largest undersea construction site in the world,deleted
2008/05/08
Committee: PETI
Amendment 42 #

2007/2118(INI)

Motion for a resolution
Recital Q a (new)
Qa. whereas, according to Articles 58, 79 and 87 of the United Nations Convention on the Law of the Sea, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of that Convention, the freedom to lay submarine pipelines in the exclusive economic zone of coastal states,
2008/05/08
Committee: PETI
Amendment 44 #

2007/2118(INI)

Motion for a resolution
Recital T
T. whereas the proposed route of the North European Gas Pipeline will traverse areaone area – situated in the German Exclusive Economic Zone – which is included in the NATURA 2000 programme and which Council Directive 92/43/EEC classifies as special protection areas,
2008/05/08
Committee: PETI
Amendment 49 #

2007/2118(INI)

Motion for a resolution
Recital X
X. whereas the proposed gas pipeline would be the longest dual subsea gas pipeline in the world, as well as the shallowest one, which makes it especially vulnerable to potential damagenecessitates a thorough analysis in compliance with the Espoo Convention, the HELCOM Convention and all other pertinent European and national legislation,
2008/05/08
Committee: PETI
Amendment 50 #

2007/2118(INI)

Motion for a resolution
Recital Y
Y. whereas Decision 1364/2006/EC included the North European Gas Pipeline among priority projects of European interest, thereby recognising its important contribution with respect to securing and diversifying the EU’s energy supplies and imposing on the Member States the duty to support the project,
2008/05/08
Committee: PETI
Amendment 51 #

2007/2118(INI)

Motion for a resolution
Recital Z
Z. whereas every large-scale engineering structure erected in sea waters must, due to the associated risks, be subject to particularly thorough and comprehensive analysis and environmental impact assessment which, to produce reliable results, must cover at least one full growing season which in the case of some species could be as long as two years, which is much longer than the six-month study period proposed by the investoras prescribed by the Espoo Convention, the HELCOM Convention and all other pertinent European and national legislation,
2008/05/08
Committee: PETI
Amendment 53 #

2007/2118(INI)

Motion for a resolution
Recital AA
AA. whereas pursuant to the Espoo Convention every project of this kind should be preceded by an analysis of its alternatives, including in particular implementation costs and environmental safety, in this case an analysis of overland routes for the gas pipeline,
2008/05/08
Committee: PETI
Amendment 54 #

2007/2118(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Recalls that the Commission has identified a significant need for new gas infrastructure in order to cope with the rising supply gap resulting from increasing demand and decreasing domestic supplies;
2008/05/08
Committee: PETI
Amendment 55 #

2007/2118(INI)

Motion for a resolution
Paragraph -1 a (new)
-1a. Recalls that Decision 1364/2006/EC of the European Parliament and of the Council explicitly recognises Nord Stream to be a project of European interest due to its significant contribution to European security of energy supplies;
2008/05/08
Committee: PETI
Amendment 56 #

2007/2118(INI)

Motion for a resolution
Paragraph -1 b (new)
-1b. Calls on the Member States – in accordance with Decision 1364/2006/EC of the European Parliament and of the Council – to take any measures they consider necessary to facilitate and speed up the completion of projects of European interest and to minimise delays;
2008/05/08
Committee: PETI
Amendment 57 #

2007/2118(INI)

Motion for a resolution
Paragraph -1 c (new)
-1c. Recalls that Nord Stream is only one of a larger number of gas infrastructure projects essential to meet the Community’s natural gas consumption needs;
2008/05/08
Committee: PETI
Amendment 58 #

2007/2118(INI)

Motion for a resolution
Paragraph -1 d (new)
-1d. Recalls that Nord Stream is both the most advanced and the largest of all planned new infrastructure projects;
2008/05/08
Committee: PETI
Amendment 73 #

2007/2118(INI)

Motion for a resolution
Paragraph 2
2. Expresses its resolute opposition to regarding large-scale transboundary projects planned for the Baltic Sea area, which is a common asset of the states bordering the Baltic Sea, as matters of bilateral relations between states; considers, therefore, that the project should be realised in cooperation with each of the states around the Baltic Sea in accordance with the Espoo Convention, the HELCOM Convention and other pertinent legal instruments;
2008/05/08
Committee: PETI
Amendment 85 #

2007/2118(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that the Commission cannot participate actively in the environmental impact assessment (EIA), since the evaluations are to be carried out by each country concerned in accordance with the Espoo Convention and the relevant EIA rules and procedures applicable to them;
2008/05/08
Committee: PETI
Amendment 87 #

2007/2118(INI)

Motion for a resolution
Paragraph 4
4. Calls, therefore, on the Commission and the Council to make a full commitment to analysing the environmental impact of the construction of the North European Gas Pipeline, particularly in situations involving the considerations requiring a Commission opinion, as specified in Article 6(4) of Council Directive 92/43/EEC;deleted
2008/05/08
Committee: PETI
Amendment 93 #

2007/2118(INI)

Motion for a resolution
Paragraph 5
5. Regrets the Commission’s failure to accept the proposal contained in Parliament’s resolution of 16 November 2006 concerning the preparation of environmental impact assessments of proposed projects by the Commission, while reiterating its call for the preparation of such an assessment;deleted
2008/05/08
Committee: PETI
Amendment 101 #

2007/2118(INI)

Motion for a resolution
Paragraph 6
6. ExpStresses its concern that the project timetable adopted by Nord Stream, whose implemshould comply with the procedure laid down in the Espoo Conventation will prevent a thorough analysis of the results of the EIA by interested states, non-governmental organisations and HELCOM expertsand the HELCOM Convention, also as regards providing an opportunity for discussion with interested states, stakeholders, NGOs and the public;
2008/05/08
Committee: PETI
Amendment 103 #

2007/2118(INI)

Motion for a resolution
Paragraph 7
7. Points out that dozens of months of work in an area of up to 2 400 km², requiring the use of a large number of vessels and other equipment, represents a serious threat to biodiversity and to the number of habitats in the region;deleted
2008/05/08
Committee: PETI
Amendment 108 #

2007/2118(INI)

Motion for a resolution
Paragraph 8
8. Regrets the absence of a precise definition of the extent of interference with the seabed required to bury the pipeline, which could have a critical impact on the benthic environment;deleted
2008/05/08
Committee: PETI
Amendment 112 #

2007/2118(INI)

Motion for a resolution
Paragraph 9
9. Expresses profound concern at the reports that before commissioning the gas pipeline the investor intends to use a highly toxic compound known as glutaric aldehyde, which it is then planning to release into the Baltic, an action that would result in a major environmental disaster with irreversible consequences; simultaneously calls on the Commission and the Council to take immediate action to prevent this scenario from taking place;deleted
2008/05/08
Committee: PETI
Amendment 116 #

2007/2118(INI)

Motion for a resolution
Paragraph 10
10. Emphasises that the construction and operation of the Gas Pipeline on the Baltic seabed will threaten many species of fish and birds as well as the existence of a population of porpoises numbering only 600, which are a species unique to this geographical region;deleted
2008/05/08
Committee: PETI
Amendment 123 #

2007/2118(INI)

Motion for a resolution
Paragraph 11
11. Finds that in addition to declaring, since the protection of the marine environment of the Baltic Sea has been declared to be a key component of the Northern Dimension of the EU, Community institutions must take specific action with respect to this largest-ever Baltic Sea projectMember States should be encouraged to participate actively in the process under the Espoo Convention and the HELCOM Convention;
2008/05/08
Committee: PETI
Amendment 126 #

2007/2118(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls on the Commission, in agreement with the Member States concerned, and after consulting the European Parliament, to nominate a European coordinator for Nord Stream that promotes the European dimension of the project and the cross-border dialogue between the project promoters and the persons concerned;
2008/05/08
Committee: PETI
Amendment 130 #

2007/2118(INI)

Motion for a resolution
Paragraph 12
12 Emphasises that alternative gas pipeline routes, which do not disturb the marine environment, should be analysed first, and notes that it is possible to run such routes to the Russian border overland, solely through European Union Member States;deleted
2008/05/08
Committee: PETI
Amendment 138 #

2007/2118(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to undertake such an analysis in a dialogue with interested states, the investor, the Helsinki Commission and with the participation of interested NGOs;deleted
2008/05/08
Committee: PETI
Amendment 144 #

2007/2118(INI)

Motion for a resolution
Paragraph 14
14. Supports the Swedish Government’s Decision of 12 February 2008 refusing to grant Nord Stream AG permission to build the gas pipeline due to significant procedural and substantive shortcomings and in particular the lack of an analysis of an alternative route and of the option of abandoning the construction of the pipeline;deleted
2008/05/08
Committee: PETI
Amendment 149 #

2007/2118(INI)

Motion for a resolution
Paragraph 15
15. Supports the position of the Lithuanian Parliament of 27 March 2007 pointing to the need to suspend the implementation of large-scale infrastructure projects in the Baltic Sea until an in-depth analysis of alternative solutions has been carried out together with independent and comprehensive environmental impact assessments;deleted
2008/05/08
Committee: PETI
Amendment 150 #

2007/2118(INI)

Motion for a resolution
Paragraph 15
15. SupportNotes the position of the Lithuanian Parliament of 27 March 2007 pointing to the need to suspend the implementation of large-scale infrastructure projects in the Baltic Sea until an in-depth analysis of alternative solutions has been carried out together with independent and comprehensive environmental impact assessments;
2008/05/08
Committee: PETI
Amendment 154 #

2007/2118(INI)

Motion for a resolution
Paragraph 16
16. Regrets the fact that the Green Paper ‘Towards a future Maritime Policy for the Union’ pays no attention to the problem of large-scale projects such as subsea pipelines;deleted
2008/05/08
Committee: PETI
Amendment 160 #

2007/2118(INI)

Motion for a resolution
Paragraph 17
17. Regrets that in the legal instruments and communications concerning marine strategies initiated by it, the Commission usually passes over the problem of subsea pipelines, which is crucial from the point of view of both environmental protection and the EU’s energy security;deleted
2008/05/08
Committee: PETI
Amendment 164 #

2007/2118(INI)

Motion for a resolution
Paragraph 18
18. Reiterates, therefore, its call in its resolution of 16 November 2006 for the proposal of a mandatory mechanism for negotiation between Member States and its insistence that the Council take action at international level to develop mandatory environmental impact assessments in relations between the EU and third countries;deleted
2008/05/08
Committee: PETI
Amendment 169 #

2007/2118(INI)

Motion for a resolution
Paragraph 19
19. Expresses its belief that routing the North European gas pipeline through EU territory would enable it to meet the strategic and economic objectives set out in Decision 1364/2006/EC whilst avoiding extensive environmental damage;deleted
2008/05/08
Committee: PETI
Amendment 176 #

2007/2118(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Council and Commission to use every legal means at their disposal to prevent the construction of the North European gas pipeline on the scale proposed by the investor;deleted
2008/05/08
Committee: PETI
Amendment 184 #

2007/2118(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission in particular to take resolute action in line with the principle of good governance, which recognises that decision-making bodies with wide discretion are required to carry out a timely analysis of the actual state of affairs and, where necessary, obtain expert opinion to prevent an arbitrary decision being made;deleted
2008/05/08
Committee: PETI
Amendment 26 #

2007/0289(CNS)

Proposal for a regulation – amending act
Recital 22 a (new)
(22a) The special incentive arrangement for sustainable development and good governance may also be granted to countries which are in a crisis situation (war, natural disaster or terrorism) and undertake to ratify and implement the relevant conventions within a reasonable period of time.
2008/05/08
Committee: INTA
Amendment 29 #

2007/0289(CNS)

Proposal for a regulation – amending act
Article 8 − paragraph 1 a (new)
1a. The special incentive arrangement for sustainable development and good governance may also be granted to a country which benefited from the special arrangement under Regulation (EC) 980/2005 and which, due to a crisis situation (war, natural disaster or terrorism) does not fulfil the criteria under Article 8 (1) but gives an undertaking to comply with the implementing legislation and measures of all the conventions listed in Annex III before 30 June 2009.
2008/05/08
Committee: INTA
Amendment 35 #

2007/0289(CNS)

Proposal for a regulation – amending act
Article 15 − paragraph 2 a (new)
2a. Without prejudice to paragraph 2, under justified circumstances, the special incentive arrangement referred to in Section 2 of Chapter II will not be withdrawn in a beneficiary country which, due to a crisis situation (war, natural disaster or terrorism) does not fulfil the criteria under Article 8 (1) but gives an undertaking to comply with the implementing legislation and measures of all the conventions listed in Annex III within the following six month period.
2008/05/08
Committee: INTA
Amendment 133 #

2007/0249(COD)

Proposal for a regulation
Recital 2
(2) The 2002 regulatory framework for electronic communications establishes a system of regulation undertaken by national regulatory authorities and provides for those authorities to co-operate with each other and with the Commission in order to ensure the development of consistent regulatory practice and the consistent application across the Community of the regulatory framework but leaving room for regulatory competition between the national regulatory authorities in light of specific national market conditions.
2008/05/16
Committee: ITRE
Amendment 134 #

2007/0249(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) BERT will be established to accomplish co-ordination between national regulatory authorities of Members States without harmonising existing regulatory approaches to a degree which undermines regulatory competition.
2008/05/16
Committee: ITRE
Amendment 135 #

2007/0249(COD)

Proposal for a regulation
Recital 7
(7) A more substantial institutional basis for the establishment of a body bringing together the expertise and experience of the national regulatory authorities, together with a clearly defined set of competencies, is therefore called for, taking account of the need for this body to exercise real authority in the eyes of its members and the sector being regulated through the quality of its output.
2008/05/16
Committee: ITRE
Amendment 136 #

2007/0249(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) The current approach to build greater consistency among national regulatory authorities by exchanging information and knowledge on practical experiences has proved to be successful in this short term following its deployment. However, a more intense coordination between all regulatory authorities at national and European level will be required to understand and further develop the internal market for electronic communication services in order to enhance regulatory consistency.
2008/05/16
Committee: ITRE
Amendment 147 #

2007/0249(COD)

Proposal for a regulation
Recital 28 a (new)
(28a) BERT should contribute to developing a culture of network and information security in particular through understanding network security threats, developing best practice methods, promoting risk assessment activities and cooperation with international organisations. In the framework of the review due on 1 January 2014 the role of BERT in the field of network and information security should be re- evaluated.
2008/05/16
Committee: ITRE
Amendment 152 #

2007/0249(COD)

Proposal for a regulation
Recital 32
(32) The structure of the AuthorityBERT should be lean and suitable for the tasks it is to perform. Experience with similar Community authorities provides some guidance in this respect, but tIts staff should not exceed 30 staff members. The structure should be adapted to meet the specific needs of the Community system for the regulation of electronic communications. In particular, the specific role of the national regulatory authorities and their independent nature needs to be fully addressed.
2008/05/16
Committee: ITRE
Amendment 158 #

2007/0249(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) On 1 January 2014 a review should take place to evaluate whether there is a need to extend the mandate of BERT into the future. In case an extension is justified, budgetary and procedural regulations as well as human resources should be reviewed.
2008/05/16
Committee: ITRE
Amendment 163 #

2007/0249(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The AuthorityBERT shall act within the scope of the Framework Directive and the Specific Directives and draw upon expertise available in the national regulatory authorities. It shall contribute to improvement of national regulation in the electronic communications sector, and to the better functioning of the internal market for electronic communications networks and services, including in particular the development of cross- Community electronic communications and a high and effective level of network and information security, through the tasks listed in Chapters II and III.
2008/05/16
Committee: ITRE
Amendment 164 #

2007/0249(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. BERT shall serve as a means for the exchange of information and the adoption of consistent decisions by NRAs. BERT shall provide an organisational basis for the decision-making of NRAs; BERT shall adopt common positions and comments, and shall advise the Commission and assist the NRAs in all matters within the scope of the tasks assigned to the NRAs by the Framework Directive and the Specific Directives.
2008/05/16
Committee: ITRE
Amendment 165 #

2007/0249(COD)

Proposal for a regulation
Article 1 – paragraph 5 b (new)
5b. With the entry into force of this Regulation, the Council and the European Parliament shall adopt a Decision to establish an office to ensure appropriate resources for BERT. The Decision shall provide that the office is part of the Community administration with regard to the terms and conditions of employment and budgetary responsibilities; as far as it is required to ensure the autonomous fulfilment of the tasks of BERT, the Decision shall provide specific staff regulations for the office. Furthermore, the Decision shall stipulate rules for the first assembly and the first chairmanship of BERT. The office shall be established in Brussels.
2008/05/16
Committee: ITRE
Amendment 166 #

2007/0249(COD)

Proposal for a regulation
Article 3 – introductory phrase
The AuthorityBERT shall, in the furtherance of its tasks under this Regulation:
2008/05/16
Committee: ITRE
Amendment 167 #

2007/0249(COD)

Proposal for a regulation
Article 3 – point a
(a) issue opinions at the request of the Commis, recommendations and decision ors on its own initiative and assist the Commiss, where this Regulation byso providing it with additional technical support in all matters regarding electronic communicationses, in all matters within the scope of the tasks assigned to BERT;
2008/05/16
Committee: ITRE
Amendment 173 #

2007/0249(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. At the request of the Commission, the AuthorityBERT shall deliver opinions on all matters regarding electronic communications as set out in this Regulation. BERT may also provide an opinion on these matters to the Commission or to NRAs on its own initiative. BERT shall offer alternative solutions, where appropriate.
2008/05/16
Committee: ITRE
Amendment 181 #

2007/0249(COD)

Proposal for a regulation
Article 4 – paragraph 4 a (new)
4a. The Commission and the NRAs shall take the utmost account of the opinions delivered by BERT. In case BERT proposes alternative solutions in the light of different market conditions and path dependence of different regulatory approaches, NRAs shall consider which solution fits best into their regulatory approach. NRAs and the Commission shall make public the manner in which the opinion of BERT has been taken into account.
2008/05/16
Committee: ITRE
Amendment 192 #

2007/0249(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Authority shall, at the request of the Commission, provide the Commission withCommission may request BERT to deliver to the Commission, the RSPG or the RSC an opinion on the scope and content of any of the implementation measures provided for in Article 6a of Directive 2002/20/EC (Authorisation Directive). This may include in particular the AuthorityBERT’s assessment of the benefits that may accrue for the single market in electronic communications networks and services from the implementing measures adopted by the Commission pursuant to Article 6a of Directive 2002/20/EC (Authorisation Directive) and the identification of the services with cross- Community potential which would benefit from those measures.
2008/05/16
Committee: ITRE
Amendment 194 #

2007/0249(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The AuthorityBERT shall, taking account of the Community’s electronic communications policy, promote the exchange of information both between the Member States, and between the Member States, national regulatory authorities and the Commission on the situation and development of regulatory activities regarding electronic communications networks and services, including network and information security. In the light of different market conditions and path dependence of different national regulatory approaches, BERT may develop alternative problem solutions within the harmonised regulatory framework.
2008/05/16
Committee: ITRE
Amendment 201 #

2007/0249(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. The AuthorityBERT shall make such information available to the public in an easily accessible form; confidentiality shall be respected for justifiable reasons.
2008/05/16
Committee: ITRE
Amendment 205 #

2007/0249(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. The Administrative BoardBoard of Regulators shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his/her duties. The terms of office of the Chairperson and of the Vice- Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board, pursuant to the election procedures set out in the rules of procedure.
2008/05/16
Committee: ITRE
Amendment 211 #

2007/0249(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. Decisions of the Administrative BoardBoard of Regulators shall be adopted on the basis of a two- thirds majority of the members presentqualified majority in accordance with rules applying to votes of the Council pursuant to Article 205, paragraph 2 of the Treaty establishing the European Community.
2008/05/16
Committee: ITRE
Amendment 215 #

2007/0249(COD)

Proposal for a regulation
Article 26 – paragraph 13 a (new)
13a. The Board of Regulators shall appoint the Managing Director. The Board of Regulators shall take this decision by a majority of three quarters of its members.
2008/05/16
Committee: ITRE
Amendment 233 #

2007/0249(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The revenues of the AuthorityBERT shall consist of: (a) charges for services provided by the Authority; (b) a proportion of usage fees paid by applicants in accordance with the provisions of Article 17; (c) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section); (d) any legacies, donations or grants as mentioned in Article 26(7). (ea subsidy from the Community, entered in the general budget of the European Communities; (b) any voluntary contribution from the Member States or from their regulatory authorities.
2008/05/16
Committee: ITRE
Amendment 236 #

2007/0249(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The expenditure of the AuthorityBERT shall cover staff, administrative, infrastructure and operational expenses.
2008/05/16
Committee: ITRE
Amendment 237 #

2007/0249(COD)

Proposal for a regulation
Article 36 – paragraph 4
4. All Authority revenue and expenditure shall be the subject of forecasts for each financial year, coinciding with the calendar year, and shall be entered in its budget.
2008/05/16
Committee: ITRE
Amendment 238 #

2007/0249(COD)

Proposal for a regulation
Article 36 – paragraph 4 a (new)
4a. The organisational and financial structure of BERT shall be reviewed on 1 January 2014.
2008/05/16
Committee: ITRE
Amendment 246 #

2007/0249(COD)

Proposal for a regulation
Article 49 – paragraph 4 a (new)
4a. The staff of BERT shall not exceed 30 staff members.
2008/05/16
Committee: ITRE
Amendment 249 #

2007/0249(COD)

Proposal for a regulation
Article 57 – paragraph 1 a (new)
On 1 January 2014 a review shall take place to evaluate whether there is a need to extend the mandate of BERT into the future. In case an extension is justified, budgetary and procedural regulations as well as human resources shall be reviewed.
2008/05/16
Committee: ITRE
Amendment 29 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 20 a (new)
(20a) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market1 provides that transmission in a communications network of information provided by a recipient of the service does not render the service provider liable for the information transmitted. The providers of electronic communication services, therefore, are responsible for notifications to the subscriber and national regulatory authorities only for breaches of security in connection with the provision of the service, which is likely to consist of subscriber information as well as traffic data and personal content, where they choose to offer content service. 1 OJ L 178, 17.7.2000, p. 1.
2008/04/17
Committee: ITRE
Amendment 34 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 31 a (new)
(31a) The quality of service provision should not impair the ability of undertakings providing public communications networks to offer differentiated services and different tiers of quality. This is the best way to offer consumers choice and stimulates increased consumer benefits and demand.
2008/04/17
Committee: ITRE
Amendment 35 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 31 b (new)
(31b) Blocking and serious degradation of service over networks refers to anti- competitive behaviour in order to prevent access to competitors' services. It does not include the provision of limited service plans that may not cover certain services, providing this information is made available to the end-user and the end-user has a choice of options. It also does not include reasonable management of networks in order to alleviate congestion, ameliorate capacity constraints and enable new services.
2008/04/17
Committee: ITRE
Amendment 36 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 39 a (new)
(39a) The purpose of the Universal Service Directive is to ensure a high level of protection of consumers’ and individual users’ rights in the provision of telecommunications services. Such protection is not required in the case of global telecommunications services. These are corporate data and voice services provided as a package to large companies at locations in different countries within and outside EU on the basis of individually negotiated contracts by companies of equal strength.
2008/04/17
Committee: ITRE
Amendment 58 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffanti-competitive blocking and serious degradation of service over networks, the Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networks. These measures designed to amend non- essential elements of this Directive by supplementing it shall be adopted in accordance with thenational regulatory authorities may impose minimum quality of service requirements on undertakings providing public communications networks. Undertakings providing public communications networks shall be entitled to carry out reasonable network management. The imposition of minimum quality of services should not regsulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).’t in unintended consequences to the detriment of consumer choice and innovation.
2008/04/17
Committee: ITRE
Amendment 65 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
2. Member States shall ensure that undertakings providing a service for originating and receiving national and/or international calls through a number or numbers in a national or international telephone numbering plan provide access to emergency services.
2008/04/17
Committee: ITRE
Amendment 79 #

2007/0248(COD)

Proposal for a directive – amending act
Article 2 – point 3 – point b
Directive 2002/58/EC
Article 4 – paragraph 3
3. In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, the provider of publicly available electronic communications services shall, without undue delay, notify the subscriber concerned and the national regulatory authority of such a breach. The notification to the subscriber shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach. A breach of security should be considered to cause significant harm only where it relates to a specific crime. Where the data has been rendered unusable by technical or procedural means, to the extent that the risk of loss is low or substantially removed, a breach of security of the data should not be considered to cause significant harm to the end-user but justification must be provided on request.
2008/04/17
Committee: ITRE
Amendment 117 #

2007/0248(COD)


Recital 26 a (new)
(26a) Directive 2002/22/EC is without prejudice to reasonable network management by providers, for example to address congestion and capacity constraints, to ensure the security of the network and of users and to enable reliable performance of individual services. These practices should not hinder the competitive development of the information society and should respect the requirements set out in articles 20 and 21 of Directive 2002/22/EC.
2009/03/16
Committee: IMCO
Amendment 136 #

2007/0248(COD)


Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3
3. In order to prevent theaddress unjustified degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that national regulatory authorities are able to set minimum quality of service requirements on an undertaking or undertakings providing public communications networks.
2009/03/16
Committee: IMCO
Amendment 94 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 3 a (new)
(3a) The objective of the EU regulatory framework for electronic communications is to create a sustainable and internationally competitive “ecosystem” for electronic communications, based on effectively competitive product or service markets and effective competition between alternative electronic communications access networks with the goal of increasing information society developments. A sustainable environment for competition and investment in the electronic communications sector relies both on incentives for new infrastructure investment and sound and proportional regulation together with a gradual phase- out of sector specific ex-ante regulation and the transition to competition law.
2008/05/28
Committee: ITRE
Amendment 102 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 3 b (new)
(3b) Next generation networks have enormous potential to deliver benefits to consumers across the European Union and to strengthen European international competitiveness vis-à-vis other economies of the world. It is, therefore, vital that sustainable investment into these networks is not being impeded by prolongation of regulatory regimes which have aimed at providing access to existing legacy networks and that investment- incentives being provided while boosting competition and consumer choice.
2008/05/28
Committee: ITRE
Amendment 106 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 4 a (new)
(4a) In order to achieve the goals of the Lisbon agenda and to boost investment into next generation access networks (NGA-networks) in Europe for the benefit of European consumers and the international competitiveness of Europe’s industry, a new regulatory regime for access to NGA-networks is essential and necessary. The goal of this new regime is to provide incentives for investment into NGA-networks and supporting competition where infrastructure competition does not exist. Due to the fact that market power in downstream emerging markets is difficult to grasp, the NGA-network access regime (NNAR) laid down in Article 12(3) and Article 13(4) and (6) of the Access Directive focuses on infrastructure competition and not on competition in downstream markets alone. This concept reflects dynamic developments in new access opportunities in the field of electronic communications. Thus the NGA-network access regime (NNAR) as such has to introduce dynamic elements and has to promote developments in next generation networks as well as in downstream electronic communications markets. It aims at giving the right incentives for all market players to innovate and to invest in new access networks and in new downstream markets.
2008/05/28
Committee: ITRE
Amendment 114 #

2007/0247(COD)


Recital 14 a (new)
(14a)Investments in new and enhanced access infrastructures are often characterised by substantial capital requirements, demand uncertainty and a long economic lifecycle, leading to higher investment risks. Directives 2002/21/EC and 2002/19/EC should support a regulatory approach which stimulates investments in such infrastructures, by allowing national regulatory authorities to set the terms and conditions for access to the newly built infrastructure over successive review periods for as long as significant market power is present in the market in order to provide planning certainty for all operators, by allowing fair risk sharing arrangements between the investor and access seekers to provide a level playing field for the initial investor and operators benefiting from access to the new infrastructure, and by supporting market-oriented pricing mechanisms, providing a sufficient degree of flexibility to set different prices for different products and product qualities, reflecting the value of the product and/or service for the consumer.
2009/03/16
Committee: ITRE
Amendment 117 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) The sector specific ex-ante rules have been introduced to serve the transition from former monopolies into competitive markets for electronic communications networks and services. In a period when incumbents controlled access to monopolistic networks ex ante regulation was justified unless the problems could by solved by competition law alone. But with investment into new networks – cable networks and next generation networks – the need for ex- ante regulation will be less justified. Where access seekers have the choice between two or more access networks ex-ante regulation is no longer justified. This phase-out concept should no longer focus on effective competition in downstream markets for electronic communications service markets but on the existence of infrastructure competition (infrastructure test). If according to this test infrastructure competition exists, sector specific ex-ante regulation should not be continued and Community and national competition law should solely be applied without taking recourse to the three criteria test, which focuses on competition in downstream markets and the choice between ex-ante regulation and competition law. The infrastructure test should apply not only to national markets but to sub-national markets in such geographic areas where infrastructure competition is feasible. National Regulatory Authorities should define such geographic sub-national markets taking into account economic feasibility of network competition.
2008/05/28
Committee: ITRE
Amendment 118 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 10 b (new)
(10b) Whilst the current access regime for existing legacy networks has focused on the transition from monopolistic downstream markets to markets with effective competition and to a lesser degree on promoting infrastructure based competition, a new access regime for next generation access networks (NGA- networks) is required. Such networks will only come into existence if investors are willing to engage in risky investments. Risks for such investments are stemming from the fact that consumers’ preferences and their willingness to pay higher prices for new innovative products are uncertain. Moreover, the access regime for NGA-networks has an impact on that risk as well. Thus, a new access regime for NGA-networks (NNAR) has to be introduced, which provides incentives for investment into new networks. The new regulatory environment for such networks has to be predictable and sustainable. It should promote infrastructure competition, enable competitive advantages to be derived from infrastructure investment and allow for access options for access seekers and thereby, enhance choices and improve services for consumers.
2008/05/28
Committee: ITRE
Amendment 119 #

2007/0247(COD)


Recital 14 b (new)
(14b) Where national regulatory authorities impose obligations for access to new and enhanced infrastructures and impose remedies to control prices, they should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Market players should be allowed to reflect the degree of the access seeker’s commitment to share part of the investment risk for example through long term access contracts and/or minimum quantities in the access conditions, including the price. Setting different wholesale prices for different products and quality levels such as different bandwidths should be supported as this allows the value of the product and/or service to be reflected in the access price. Such a market based approach to pricing is welfare enhancing, reflects consumer demand and allows lower priced entry products and higher priced premium products to be sustained in the market and can speed up roll-out and penetration of new products and services. The provision of attractively priced retail products supporting fast penetration of new mass market services and thereby early profitability of new networks should not be prevented by an overly narrow and inappropriate application of the price squeeze test. Network operators or service providers prepared to commit to risky long term investments shall not be prohibited from making attractive, but still profitable offers to the consumer as long as a comparable operator or service provider prepared to commit to the same amount or risk is able economically to replicate the offer.
2009/03/16
Committee: ITRE
Amendment 119 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 11
(11) The Community mechanism allowing the Commission to require national regulatory authorities to withdraw planned measures concerning market definition and the designation of operators having significant market power has contributed significantly to a consistent approach in identifying the circumstances in which ex- ante regulation may be applied and the operators are subject to such regulation. However, there is no equivalent mechanism for the remedies to be applied. Monitoring of the market by the Commission and, in particular, the experience with the procedure under Article 7 of the Framework Directive, has shown that inconsistencies in the national regulatory authorities' application of remedies, even under similar market conditions, undermine the internal market in electronic communications, do not ensure a level playing field between operators established in different Member States, and prevent the realisation of consumer benefits from cross-border competition and services. The Commission should be given powers to require national regulatory authorities to withdraw draft measures on the remedies chosen by national regulatory authorities. In order to ensure the consistent application of the regulatory framework in the Community, the Commission should consult the Authority prior to its decision.
2008/05/28
Committee: ITRE
Amendment 120 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 11 a (new)
(11a) National communication markets will continue to differ within the European Union; the competencies and knowledge of the National regulatory authorities and BERT are essential in building a competitive European ecosystem in communication markets and services while understanding national and regional differences and respecting the requirements of subsidiarity;
2008/05/28
Committee: ITRE
Amendment 121 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 13
(13) Likewise, in view of the need to avoid a regulatory vacuum in a sector characterised by its fast-moving nature, if adoption of the re-notified draft measure would still create a barrier to the single market or be incompatible with Community law, the Commission, after having consulted the Authority, should be able to require the national regulatory authority concernThe review should reflect economic market analysis based on competition law methodology. The aim is to reduce ex- ante sector specific regulation progressively as competition in the market develops. However, ex-ante regulation may continue to be required because of new entry barriers arising as a result of technological development. It may well be the case that competition develops at different speeds in different market segments and in different areas within Member States. In order to ensure that regulation is proportional and adapted to the different competitive conditions, national regulatory authorities should remove regulatory obligations in those markets and/or geographic areas, even if they are not defined as separate markets, where there is infrastructure competition, or it is prospectively expected. In order to ensure that market players in similar circumstances are treated in fair and similar ways in different Member States, the Commission in co-operation with BERT should ensure a harmonised and consistent application of the provisions of this Directive. National regulatory authorities and national authorities entrusted with the implementation of competition law should, where appropriate, coordinate their actions to ensure that the most appropriate remedy is applied. The Community and its Member States have entered into impose a specific remedy within a specified time. commitments on interconnection of telecommunications networks in the context of the World Trade Organisation agreement on basic telecommunications and these commitments must be respected as well.
2008/05/28
Committee: ITRE
Amendment 132 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 19 a (new)
(19a) Recommends holding a spectrum- summit in 2010 driven by Member States, including the European Parliament, European Commission and all stakeholders. The outcome of this summit should be to achieve clarification in the following areas: a) greater consistency in European spectrum policies in general; b) freeing spectrum for new communication services once the digital switchover takes place; c) clarification with regard to difficulties in specific sectors or for specific frequency bandwidth during the switchover period.
2008/05/28
Committee: ITRE
Amendment 137 #

2007/0247(COD)


Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability through the continuity of remedies over successive review periods as appropriate;
2009/03/16
Committee: ITRE
Amendment 139 #

2007/0247(COD)


Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
(d) promoting efficient investment and innovation in new and enhanced infrastructures including by taking into account investment risksensuring that the conditions of access to facilities take appropriate account of the risk incurred by the investing undertakings, by encouraging, when and where appropriate, sharing of risks between investors and between investors and access seekers, and by allowing pricing flexibility;
2009/03/16
Committee: ITRE
Amendment 153 #

2007/0247(COD)


Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, Nnational regulatory authorities shall take into account the investment made by the operator, andby allowing him a reasonable rate of return on adequate capital employed, taking into account the risks involved and by allowing arrangements for an appropriate sharing of risk between the investor and those undertakings enjoying access to new and enhanced access infrastructures, including by long- term risk sharing contracts. Access pricing shall be sufficiently flexible, taking into account inter alia differentiated product quality levels.
2009/03/16
Committee: ITRE
Amendment 157 #

2007/0247(COD)


Article 2 – point a a (new)
Directive 2002/19/EC
Article 13 – paragraph 4 a (new)
(aa) paragraph 4a shall be inserted: "The application of margin squeeze tests shall not hamper the development of new markets and infrastructures. To this end NRAs shall take into account the conditions of the infrastructure investment and take conditions for long term risk sharing contracts as the reference when applying the test."
2009/03/16
Committee: ITRE
Amendment 167 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation hasmay have the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure to achieve effective non-discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
2008/05/28
Committee: ITRE
Amendment 197 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 58 a (new)
(58a) The Commission should monitor the developments of infrastructure competition in the electronic communications sector in co-operation with BERT. A review of sector specific ex- ante regulation should be undertaken by the Commission in January 2014 in order to evaluate the phase-out process of such regulation together with a concept of perpetuating such regulation in Member States and sub-national markets in which infrastructure competition will not yet be feasible.
2008/05/28
Committee: ITRE
Amendment 229 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 3a (new)
(3a) In Article 3, the following paragraph is added: "3a. Member States shall ensure that the goals of BERT in promoting greater regulatory coordination and coherence are actively supported by the responsible national regulatory authorities. Member States shall ensure that national regulatory authorities have adequate financial and human resources to carry out the tasks assigned to them and to enable them to actively participate in and contribute to BERT. National regulatory authorities must have separate annual budgets and budgets shall be made public."
2008/05/30
Committee: ITRE
Amendment 230 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 3 b (new)
Directive 2002/21/EC
Article 3 – paragraph 3b (new)
(3b) In Article 3, the following paragraph is added: "3b.) Member States shall ensure that NRAs take utmost account of common positions issued by BERT when adopting their own decisions for their home markets."
2008/05/30
Committee: ITRE
Amendment 246 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2
2. National regulatory authorities shall contribute to the development of the Iinternal Mmarket by working with the Commission and the Authority so ascooperating with each other within BERT and with the Commission in a transparent manner in order to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular work with the Commission and the authority to identifynational regulatory authorities shall adopt common positions on the types of instruments and remedies best suited to address particular types of situations in thecompetition problems in the relevant marketplaces.
2008/05/30
Committee: ITRE
Amendment 251 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 1
3. Except where otherwise provided in implementing provisions adopted pursuant to Article 7a, upon completion ofIn addition to the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which:
2008/05/30
Committee: ITRE
Amendment 253 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 2
it shall at the same time make the draft measure accessible to the Commission, the Authority, and the national regulatory authorities in other Member States and BERT, together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission and other national regulatory authorities thereof. National regulatory authorities, BERT, and the Commission may make comments to the national regulatory authority concerned only within one month or within the period referred to in Article 6 if that period is longer. The one-month period may not be extended.
2008/05/30
Committee: ITRE
Amendment 258 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
(c) imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Articles 5 and 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive),deleted
2008/05/30
Committee: ITRE
Amendment 259 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
5. Within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure.deleted
2008/05/30
Committee: ITRE
Amendment 266 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
6. Within three months of the Commission issuing a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.deleted
2008/05/30
Committee: ITRE
Amendment 271 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 7
7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BERT, and the Commission and may, except in cases covered by paragraph 4, adopt the resulting draft measure and, where it does so, shall communicate it to the Commission. Any other national body exercising functions under this Directive or the Specific Directives shall also take the utmost account of the comments of the Commission.
2008/05/30
Committee: ITRE
Amendment 278 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
9. The national regulatory authority shall communicate to the Commission all final measures which fall under conditions a) and b) in Article 7(3).
2008/05/30
Committee: ITRE
Amendment 291 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).deleted
2008/05/30
Committee: ITRE
Amendment 307 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 8 – point c a (new)
Directives 2002/21/EC
Article 8 – paragraph 3a (new)
(ca) The following paragraph is added: "3a. The national regulatory authorities shall aim at creating a proper regulatory environment to support investment in new access networks; infrastructure-based competition will provide unique opportunities for innovation. Such a regulatory environment should, inter alia: (a) be predictable for a period consistent with the time needed for the profitability of heavy investments; (b) aim at the maximum geographical reach of infrastructure-based competition; (c) enable competitive advantage to be derived from faster geographical roll out, thus encouraging network deployments; (d) attract resources from financial markets for high upfront investments in new access networks; (e) allow flexible voluntary commercial agreements on investments and risk- sharing between operators rolling out new access networks; (f) take into account the long-term characteristics which are needed for a return on investment in new infrastructure; (g) encourage maximum but transparent retail price flexibility for services provided on such new infrastructures."
2008/05/30
Committee: ITRE
Amendment 327 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands openavailable to electronic communication services in accordance with their national frequency allocation tables and the ITU Radio Regulations.
2008/06/03
Committee: ITRE
Amendment 340 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequenciesy sharing where the use of frequencies is subject to a general authorisation, or
2008/06/03
Committee: ITRE
Amendment 404 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
2008/06/03
Committee: ITRE
Amendment 555 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 1
4. The Commission may, taking the utmost account of the opinion of the Authority submitted in accordance with Article 7 of Regulation […/EC]After consultation with national regulatory authorities and considering the opinion of BERT, the Commission may, acting in accordance with the procedure referred to in Article 22(3), adopt a Decision identifying transnational markets.
2008/06/04
Committee: ITRE
Amendment 560 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 2
This Decision, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
2008/06/04
Committee: ITRE
Amendment 603 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 22
Directive 2002/21/EC
Article 21 – paragraph 2 – subparagraph 1
2. Any party may refer the dispute to the national regulatory authorities concerned. The competent national regulatory authorities shall coordinate their efforts within BERT in order to bring about a resolution of the dispute, in accordance with the objectives set out in Article 8. Any obligations imposed on an undertaking by the national regulatory authorities in resolving a dispute shall comply with the provisions of this Directive and the Specific Directives.
2008/06/10
Committee: ITRE
Amendment 604 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1a (new)
(24a) In Article 25, the following paragraph is inserted: "1a. By January 2014, the Commission shall evaluate whether there is a need to extend the duration of the provisions on sector specific ex-ante regulation of this Directive, Articles 8 to 13a of the Access Directive and Article 17 of the Universal Service Directive. This evaluation shall be undertaken in the light of competitive developments in infrastructure and services in electronic communications. If sector specific ex-ante regulation appears to be necessary, the Commission shall confine such regulation to such markets, and put an end to it in those Member States and sub-national markets where infrastructure competition is not yet feasible. The Commission shall propose amendments to the existing regulatory framework to the Council and the European Parliament with a view to the adoption of a reformed regulatory framework."
2008/06/10
Committee: ITRE
Amendment 640 #

2007/0247(COD)

Proposal for a directive – amending act
Article 2 – point 3 – point a a (new)
Directive 2002/19/EC
Article 5 – paragraph 2a (new)
(aa) The following paragraph is added: "2a. Where assessing measures to be imposed in light of developing infrastructure competition, national regulatory authorities shall take into account the different competitive conditions existing in the different geographic areas within their Member States. National regulatory authorities shall remove unnecessary obligations in order to ensure that the transition from sector specific ex-ante regulation to competition law is not being impeded or delayed where infrastructure competition in a geographic area is competitive or almost competitive."
2008/06/10
Committee: ITRE
Amendment 677 #

2007/0247(COD)

Proposal for a directive – amending act
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. In regulating access to new generation access networks, national regulatory authorities shall ensure that access seekers bear a reasonable share of the risk incurred by the investing operator. Risk sharing contracts may either include an upfront payment covering the risk premium for a certain amount of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods. Short-term contracts without minimum quantities shall include a price premium which covers the investment risk of the investor under the assumption that the full investment risk is born by him or her. Access prices for such long-term and short-term access contracts may be regulated in accordance with paragraph 4a. Long-term access contracts shall reflect the time period necessary to allow amortisation of investment costs in new markets."
2008/06/10
Committee: ITRE
Amendment 679 #

2007/0247(COD)

Proposal for a directive – amending act
Article 2 – point 8 e (new)
Directive 2002/19/EC
Article 13 – paragraph 4a (new)
(8e) In Article 13, the following paragraph is inserted: "4a. National regulatory authorities shall ensure that regulation of access prices for long-term risk-sharing contracts are in line with the long-term incremental cost of an efficient operator, taking into account the operator’s calculated rate of penetration of new markets and that access prices for short-term contracts include a risk premium. Such risk premium shall phase out with ongoing market penetration of new access. Margin squeeze tests shall not be applied to short- term contracts when a risk premium is charged."
2008/06/10
Committee: ITRE
Amendment 35 #

2007/0233(COD)

Proposal for a regulation
Article 3 - paragraph 4
4. CFor methodological reasons, certain goods or movements shall be excluded from external trade statistics for methodological reasons. A list of them shall be drawn up by the Commission. Any. This concerns monetary gold and means of payment which are legal tender, goods because of the diplomatic or similar nature of their intended use, goods movements between the importing and exporting Member State and their national armed forces stationed abroad as well as certain goods acquired and disposed of by foreign armed forces, particular goods which are not the subject of a commercial transaction, movements of satellite launchers before their launching, goods for and after repair, goods for or following temporary use, goods used as carriers of customised information and downloaded information, goods declared orally to customs authorities which are either of a commercial nature provided that their value does not exceed the statistical threshold of EUR 1 000 or 1 000 kilograms or goods of a non commercial nature. The measures designed to amend nonessential elements of this rRegulation, inter alia, by supplementing it, relating to the exclusion of goods or movements from external trade statistics, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).
2008/06/02
Committee: INTA
Amendment 40 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 3
(3) However, at present, the right to sell gas in any Member State on equal terms, without discrimination or disadvantage cannot be guaranteed to any company in the Community. In particular, non- discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist.
2008/04/14
Committee: ITRE
Amendment 45 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 4
(4) The Communication of the Commission to the European Parliament and the Council entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and to create a level playing field for all gas companies in the Community. The Communication from the Commission to the European Parliament and to the Council on prospects for the internal gas and electricity market and the Communication from the Commission "Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)" showed that the present rules and measures dohave not provide the necessary framework to achieve the objective of a well functioning internal marketbeen sufficiently transposed in all Member States, with the result that the objective of a well functioning internal energy market has not yet been satisfactorily achieved.
2008/04/14
Committee: ITRE
Amendment 54 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 12
(12) Equal access to information on the physical status of the system is necessary to enable all market participants to assess the overall demand and supply situation and identify the reasons for movements in the wholesale price. This includes more precise information on supply and demand, network capacity, flows and maintenance, balancing and availability and usage of storage. The importance of this information for the functioning of the market requires the lifting of the limitations to publication for confidentiality reasons, on condition that no legitimate business secrets are thereby affected.
2008/04/14
Committee: ITRE
Amendment 59 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 15
(15) Access to gas storage facilities and LNG facilities is insufficient, and therefore in some Member States, and therefore transposition of the existing rules needs to be improved. Monitoring by the European Regulators' Group for electricity and gas (ERGEG) concluded that the voluntary guidelines for good third party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are in some cases being insufficiently applied and therefore need to be made binding. Even though the voluntary guidelines are currently being almost completely transposed throughout Europe, juridification will increase the faith of operators in non-discriminatory access to storage.
2008/04/14
Committee: ITRE
Amendment 61 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 19
(19) As regards Regulation (EC) No 1775/2005, power should be conferred on the Commission in particular to establish or adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1775/2005 and to supplement Regulation (EC) No 1775/2005 by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.Deleted
2008/04/14
Committee: ITRE
Amendment 64 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – point c
c) facilitating the emergence of well functioning and transparent cross-border retail markets and a well functioning and transparent wholesale market; it provides mechanisms to harmonise the network accesse rules in order to allow trading and supplying gas to retail customers across borders.
2008/04/14
Committee: ITRE
Amendment 65 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – paragraph 3
The objectives referred to in the first subparagraph shall include the setting of harmonised principles for tariffs, or the methodologies underlying their calculation, for access to the network, the establishment of third party access services and harmonised principles for capacity allocation and congestion management, the determination of transparency requirements, balancing rules and imbalance charges and facilitating capacity trading.
2008/04/14
Committee: ITRE
Amendment 87 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 – introductory phrase
(1) The European Network of Transmission System Operators for Gas shall adopset out:
2008/04/14
Committee: ITRE
Amendment 116 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investdevelopment plan every two years. The investnetwork development plan shall include the modelling of the integrated network, scenario development, a supply and demand adequacy report and an assessment of the resilience of the system. The investnetwork development plan shall, in particular, build on national investnetwork development plans and on the Guidelines for Trans-European energy networks in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council. The investnetwork development plan shall identify investment gaps, notably with respect to cross border capacities. The network development plan shall require the approval of the relevant national regulatory authority.
2008/04/14
Committee: ITRE
Amendment 128 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
6. Upon request of the Commission, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoptionmendment of Guidelines as laid down in Article 9.
2008/04/14
Committee: ITRE
Amendment 150 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3
3. The Commission may adopt, on its own initiative or upon recommendation of the Agency, guidelines on the areas listed in Article 2c(3) when it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3); (c) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).deleted
2008/04/14
Committee: ITRE
Amendment 158 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 4
(4) Paragraph 3 shall be without prejudice to the Commission’s right to adopt and amend guidelines as laid down in Article 9.deleted
2008/04/14
Committee: ITRE
Amendment 178 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 1
1. Transmission system operators shall establish regional cooperation within the European Network for Transmission System Operators for Gas to contribute to the tasks mentioned in Article 2c(1). In particular, they shall publish a regional investnetwork development plan every two years, and may take investment decisions based on the regional investment plan. The regional invest. The regional network development plan may not be contradictory to the 10 year investnetwork development plan referred to in Article 2c(1)(c).
2008/04/14
Committee: ITRE
Amendment 218 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 9 – point b
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
(b) paragraph 5 is deleted;.
2008/04/14
Committee: ITRE
Amendment 219 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 9 – point b a (new)
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
(ba) Paragraph 5 is amended as follows: Network users may request transmission system operators for confidentiality reasons not to make public data as referred to in paragraph 1, the publication of which would infringe the network user’s operational and commercial confidentiality. In such cases the network operator shall seek the authorisation of the competent authority to limit publication with respect to the point or points in question. The competent authority shall grant or refuse the authorisation on a case by case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the public interest in publication. If the authorisation is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality. No such authorisation as referred to in this paragraph shall be granted where three or more network users have contracted capacity at the same point.
2008/04/14
Committee: ITRE
Amendment 222 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 9 – point c
Regulation (EC) No 1775/2005
Article 6 – paragraph 7
(7) Transmission system operators shall make public relevant ex-ante and ex-post supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The level of detail of the information that is made public shall reflect the information available to the transmission system operator. Transmission system operators shall make public, provided no legitimate commercial confidentiality is thereby infringed. Transmission system operators shall make available to the competent regulatory authority measures taken as well as costs incurred and revenues generated to balance the system. The market participants concerned shall provide the transmission system operators with the data referred to in this Article.
2008/04/14
Committee: ITRE
Amendment 228 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 2
2. For the services provided, each LNG and storage system operator shall make public information on contracted and available storage and LNG facility capacities on a numerical basis on a regular and rolling basis and in a user-friendly standardised manner, where three or more users have contracted capacity.
2008/04/14
Committee: ITRE
Amendment 230 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4
4. AWhere three or more users have contracted capacity, all LNG and storage system operators shall make public the amount of gas in each storage or LNG facility, inflows and outflows, and the available storage and LNG facility capacities, including for those facilities exempted from third party access. The information shall also be communicated to the transmission system operator who shall make it public on an aggregated level per system or subsystem defined by the relevant points. The information shall be updated at least every day.
2008/04/14
Committee: ITRE
Amendment 236 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)
4a. LNG and storage system users may, for reasons of confidentiality, ask LNG and storage system operators not to make public the information referred to in paragraph 4, disclosure of which would be detrimental to the trade secrets of the LNG and storage systems users. In such cases, transmission system operators shall apply to the competent authorities for permission to restrict disclosure with regard to the relevant point or points. The competent authorities shall give or withhold authorisation on a case-by-case basis, taking particular account of the legitimate need to protect trade secrets and of the public interest. Where authorisation is given, information concerning the available capacity shall be given without disclosing the numerical data which would undermine confidentiality. In any case, information should be disclosed by the LNG and storage system operators where three or more LNG and storage system users have reserved capacity by contract or similar agreement.
2008/04/14
Committee: ITRE
Amendment 245 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraph 2
(b) paragraph 2 is replaced by the following: (2) In order to enable network users to take timely corrective action, transmission system operators shall provide sufficient, well-timed and reliable on-line based information on the balancing status of network users. The information provided shall reflect the level of information available to the transmission system operator and the settlement period for which imbalance charges are calculated. No charge shall be made for the provision of such information.deleted
2008/04/14
Committee: ITRE
Amendment 249 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraphs 4 to 6
(c) paragraphs 4, 5 and 6 are deleted.
2008/04/14
Committee: ITRE
Amendment 253 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 13
Regulation (EC) No 1775/2005
Article 8a
In order to facilitate the emergence of well functioning and transparent cross border retail markets on a regional and Community scale, Member States shall ensure that the roles and responsibilities of transmission system operators, and distribution system operators, supply undertakings and customers and if necessary other market participants are defined with respect to contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility. These rules shall be made public, be designed with the aim of harmonising access to customers across borders and be subject to review by the regulatory authorities.
2008/04/14
Committee: ITRE
Amendment 257 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point c
(c) details on the provision of information and definition of the technical information relating to the network necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published, in accordance with Articles 6 and 6a;
2008/04/14
Committee: ITRE
Amendment 266 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 2 – subparagraph 2
The Commission may amend the guidelines referred to in the first subparagraph and adopt guidelines on the issues listed in paragraph 1. Those measures designed to amend non-essential elements of this Regulation inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2)".
2008/04/14
Committee: ITRE
Amendment 46 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks.
2008/04/07
Committee: ITRE
Amendment 55 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 7 a (new)
(7a) Gas is mainly, and increasingly, imported into the Union from countries outside Europe; European regulation must take account of the specific integration of the gas sector into the world market, including the differences in the upstream and downstream markets.
2008/04/07
Committee: ITRE
Amendment 57 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 8
(8) Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply, moreover, across the two sectors.
2008/04/07
Committee: ITRE
Amendment 75 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 12
(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
2008/04/07
Committee: ITRE
Amendment 94 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 19
(19) Energy regulators should have the power to issue binding decisions on gas undertakingnetwork operators and to impose effective, appropriate and dissuasive sanctions on natural gas undertakingetwork operators which fail to comply with their obligations. They must also be granted the powers to decide, irrespective of the application of competition rules, on any appropriate measures promotingregarding the access to networks with the aim of effective competition necessary for the proper functioning of the market; as well as to ensure high standards of public service in compliance with market opening, the protection of vulnerable customers and that consumer protection measures are fully effective. These provisions should be without prejudice to both the Commission's powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market, such as the free movement of capital.
2008/04/07
Committee: ITRE
Amendment 115 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 24
(24) In order to contribute to security of supply, Member States should, whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide a framework for regional solidarity cooperationwork together closely. For this purpose Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply1 should be the basis. 1 OJ L 127, 29.4.2004, p. 92.
2008/04/07
Committee: ITRE
Amendment 125 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 28
(28) Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission network provides the Commission with the possibility of adopting guidelines to achieve the necessary degree of harmonisation. Such guidelines, which are thus binding implementing measures, are a useful tool which can be adapted quickly where necessary. The fundamental values of the guidelines should be determined by the legislature through the committee procedure.
2008/04/07
Committee: ITRE
Amendment 218 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a Control over transmission system owners and transmission system operators 1. Without prejudice to the international obligations of the Community, transmission systems or transmission system operators shall not be controlled by a person or persons from third countries. 2. An agreement concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.deleted
2008/04/10
Committee: ITRE
Amendment 252 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Unbundling of transmission system owner and storage system operator 1. Transmission system owners, where an independent system operator has been appointed, and storage system operators which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission and storage. This Article shall only apply to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 19. 2. In order to ensure the independence of the transmission system owner and storage system operator referred to in paragraph 1, the following minimum criteria shall apply: (a) those persons responsible for the management of the transmission system owner and storage system operator may not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, distribution and supply of natural gas; (b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the storage system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets regulated indirectly in accordance with Article 24c(4) in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the storage system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of storage facilities, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the transmission system owner and storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority and shall be published. 3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).Article 9a deleted
2008/04/10
Committee: ITRE
Amendment 321 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 2
2. Paragraph 1 shall apply also to significant increases of capacity in existing infrastructures and to modifications of such infrastructures which make available additional gas quantities from existing sources or enable the development of new sources of gas supply.
2008/03/31
Committee: ITRE
Amendment 341 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 1
5. Within two months after receiving a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by twoone additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consent of both the Commission and the regulatory authority. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete.
2008/03/31
Committee: ITRE
Amendment 344 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational.deleted
2008/03/31
Committee: ITRE
Amendment 356 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
6. The Commission may adopt guidelines for the application of the conditions mentioned in paragraph 1 and to set out the procedure to be followed for the application of paragraphs 4 and 5. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).deleted
2008/03/31
Committee: ITRE
Amendment 394 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (h)
(h) monitoring the level of transparency, ensuring compliance of natural gas undertakingtransmission system operators with transparency obligations;
2008/03/31
Committee: ITRE
Amendment 396 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
(i) monitoring the level of market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, disconnection rates and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;deleted
2008/03/31
Committee: ITRE
Amendment 428 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 2 – point c
(c) without prejudice to the procedure under paragraph 2c of Article 9, for the first ten year network development plan, approve the investments planning and the multi-annual network development plan presented on a yearly basievery two years by the independent system operator;
2008/03/31
Committee: ITRE
Amendment 429 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powers: (a) to issue binding decisions on gas undertakingnetwork operators; (b) to carry out in cooperation with the national competition authority investigations of the functioning of gas markets, and to decide, in the absence of violations of competition rules,, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programs; (c) to request any information from natural gas undertakingetwork operators relevant for the fulfilment of its tasks; (d) to impose effective, appropriate and dissuasive sanctions to natural gas undertakingetwork operators not complying with their obligations under this Directive or any decisions of the regulatory authority or of the Agency; (e) to have appropriate rights of investigations, and relevant powers of instructions for dispute settlement under paragraphs 7 and 8; (f) to approve safeguards measures as referred to in Article 26.
2008/03/31
Committee: ITRE
Amendment 471 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, and foster market integration, and support the related research activities.
2008/03/31
Committee: ITRE
Amendment 476 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.
2008/03/31
Committee: ITRE
Amendment 317 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 9 b (new)
Directive 2003/54/EC
Article 14 – paragraph 3
(9b) Article 14(3) shall be replaced by the following: "3. The distribution system operator shall provide system users with the information they need for efficient access to and use of the system."
2008/03/19
Committee: ITRE
Amendment 318 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 9 c (new)
Directive 2003/54/EC
Article 14 – paragraph 3 a (new)
(9c) In Article 14, the following paragraph shall be added: "3a. The distribution system operator shall submit to the relevant regulatory authority, within one year of the entry into force of Directive .../.../EC [ amending Directive 2003/54/EC concerning common rules for the internal market in electricity], a proposal describing the appropriate information and communication systems to be implemented in order to provide the information mentioned in paragraph 3. This proposal shall facilitate, inter alia the use of bi-directional electronic meters, the active participation of final customers and distributed generators in system operation and the flow of real-time information between distribution and transmission system operators aimed at optimizing the use of all available generation, network and demand resources." Or. en (Adds new paragraph 3a to Article 14 of Directive 2003/54/EC)
2008/03/19
Committee: ITRE
Amendment 319 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 9 d (new)
Directive 2003/54/EC
Article 14 – paragraph 3 b (new)
(9d) In Article 14, the following paragraph shall be added: "3b. Within two years of the entry into force of Directive .../.../EC [ amending Directive 2003/54/EC concerning common rules for the internal market in electricity], national regulatory authorities shall approve the proposals referred to in paragraph 3a. National regulatory authorities shall ensure full interoperability of the information and communication systems to be implemented. For this purpose, they may issue guidelines and may mandate amendments to the proposals referred to in paragraph 3a." Or. en (Adds new paragraph to article 14 of Directive 2003/54/EC)
2008/03/19
Committee: ITRE
Amendment 320 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 9 e (new)
Directive 2003/54/EC
Article 14 – paragraph 3 c (new)
(9e) In Article 14, the following paragraph shall be added: "3c. Prior to notification to the distribution system operator of its decision concerning the proposal referred to in paragraph 3, the national regulatory authority shall inform the Agency or, if it is not yet in operation, the Commission. The Agency or the Commission shall ensure that the information and communication systems to be implemented facilitate the development of the internal electricity market and do not introduce any new technical barriers." Or. en (Adds new paragraph to article 14 of Directive 2003/54/EC)
2008/03/19
Committee: ITRE
Amendment 347 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 11 f (new)
Directive 2003/54/EC
Article – 22 -a (new)
(11f) After Article 22, the following Article shall be added: "Article 22 -a Metering 1. Final customers shall have the right to own or to lease from any supply or distribution undertaking their electricity meters within six years of the entry into force of Directive .../.../EC [ amending Directive 2003/54/EC concerning common rules for the internal market in electricity]. 2. Within six years of the entry into force of Directive .../.../EC [ amending Directive 2003/54/EC concerning common rules for the internal market in electricity], all electricity consumers must be equipped with bi-directional electronic meters. 3. Member States may require the supplier of last resort to provide bi-directional electronic meters to their customers. 4. Member States shall ensure that standards establishing the minimum technical design and operational requirements for meters are developed and made public according to Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments1. These technical rules shall ensure the interoperability of systems and shall be objective and non discriminatory. They shall be notified to the Commission in accordance with Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services.2" 1 OJ L 135, 30.4.2004, p. 1. 2 OJ L 204, 21.7.1998, p. 37. Or. en (Inserts new article 22a into Directive 2003/54/EC)
2008/03/19
Committee: ITRE
Amendment 391 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (f a) (new)
(fa) monitoring investment into smart- grid technologies as a clear 10-year- development plan;
2008/03/19
Committee: ITRE