325 Amendments of Erika MANN
Amendment 22 #
2008/2289(INI)
Proposal for a recommendation
Paragraph 1 − point e
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;
Amendment 36 #
2008/2289(INI)
Proposal for a recommendation
Paragraph 1 − point j
Paragraph 1 − point j
Amendment 38 #
2008/2289(INI)
Proposal for a recommendation
Paragraph 1 − point l
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;
Amendment 9 #
2008/2204(INI)
Motion for a resolution
Recital D
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,
Amendment 10 #
2008/2204(INI)
Motion for a resolution
Recital D a (new)
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,
Amendment 13 #
2008/2204(INI)
Motion for a resolution
Recital E
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,
Amendment 17 #
2008/2204(INI)
Motion for a resolution
Recital G
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,
Amendment 20 #
2008/2204(INI)
Motion for a resolution
Recital J
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,
Amendment 21 #
2008/2204(INI)
Motion for a resolution
Recital J a (new)
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,
Amendment 22 #
2008/2204(INI)
Motion for a resolution
Recital K
Recital K
Amendment 28 #
2008/2204(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 31 #
2008/2204(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 35 #
2008/2204(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 38 #
2008/2204(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 39 #
2008/2204(INI)
Motion for a resolution
Paragraph 7 a (new)
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;
Amendment 40 #
2008/2204(INI)
Motion for a resolution
Paragraph 7 b (new)
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;
Amendment 44 #
2008/2204(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 45 #
2008/2204(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 47 #
2008/2204(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 50 #
2008/2204(INI)
Motion for a resolution
Paragraph 13 a (new)
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;
Amendment 51 #
2008/2204(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 54 #
2008/2204(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 55 #
2008/2204(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 59 #
2008/2204(INI)
Motion for a resolution
Paragraph 18
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;
Amendment 1 #
2008/2199(INI)
Draft opinion
Paragraph 1
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;
Amendment 2 #
2008/2199(INI)
Draft opinion
Paragraph 4
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;
Amendment 6 #
2008/2199(INI)
Draft opinion
Paragraph 8 a (new)
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;
Amendment 7 #
2008/2199(INI)
Draft opinion
Paragraph 8 b (new)
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;
Amendment 4 #
2008/2171(INI)
Draft opinion
Paragraph 2
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;
Amendment 10 #
2008/2171(INI)
Draft opinion
Paragraph 4
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;
Amendment 15 #
2008/2171(INI)
Draft opinion
Paragraph 4 a (new)
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;
Amendment 17 #
2008/2171(INI)
Draft opinion
Paragraph 4 b (new)
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;
Amendment 18 #
2008/2171(INI)
Draft opinion
Paragraph 4 c (new)
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;
Amendment 19 #
2008/2171(INI)
Draft opinion
Paragraph 4 d (new)
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;
Amendment 21 #
2008/2171(INI)
Draft opinion
Paragraph 5 a (new)
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;
Amendment 22 #
2008/2171(INI)
Draft opinion
Paragraph 5 b (new)
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;
Amendment 28 #
2008/2171(INI)
Draft opinion
Paragraph 7 a (new)
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.
Amendment 14 #
2008/2135(INI)
Motion for a resolution
Recital I
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,
Amendment 18 #
2008/2135(INI)
Motion for a resolution
Recital J
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,
Amendment 19 #
2008/2135(INI)
Motion for a resolution
Recital K
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),
Amendment 26 #
2008/2135(INI)
Motion for a resolution
Recital O
Recital O
Amendment 31 #
2008/2135(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 36 #
2008/2135(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 42 #
2008/2135(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 53 #
2008/2135(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 65 #
2008/2135(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 66 #
2008/2135(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 78 #
2008/2135(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 83 #
2008/2135(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 88 #
2008/2135(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 95 #
2008/2135(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 99 #
2008/2135(INI)
Motion for a resolution
Paragraph 21
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;
Amendment 100 #
2008/2135(INI)
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 107 #
2008/2135(INI)
Motion for a resolution
Paragraph 24
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;
Amendment 138 #
2008/2135(INI)
Motion for a resolution
Paragraph 32 a (new)
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;
Amendment 67 #
2008/2004(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 68 #
2008/2004(INI)
Motion for a resolution
Paragraph 8 b (new)
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;
Amendment 80 #
2008/2004(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 97 #
2008/2004(INI)
Motion for a resolution
Paragraph 20 a (new)
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;
Amendment 63 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
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:
Amendment 65 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
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;
Amendment 70 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
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.
Amendment 73 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 2
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.
Amendment 98 #
2008/0211(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 100 #
2008/0211(COD)
Proposal for a directive
Article 15 – paragraph 2
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.
Amendment 101 #
2008/0211(COD)
Proposal for a directive
Article 16
Article 16
Amendment 148 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 1
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.
Amendment 150 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 2
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.
Amendment 159 #
2008/0211(COD)
Proposal for a directive
Article 36 – paragraph 1 – point c a (new)
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.
Amendment 161 #
2008/0211(COD)
Proposal for a directive
Article 37 – paragraph 1
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.
Amendment 162 #
2008/0211(COD)
Proposal for a directive
Article 37 – paragraph 2 – point d
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;
Amendment 166 #
2008/0211(COD)
Proposal for a directive
Article 37 – paragraph 3 – introductory part
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:
Amendment 168 #
2008/0211(COD)
Proposal for a directive
Article 37 – paragraph 4
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.
Amendment 172 #
2008/0211(COD)
Proposal for a directive
Article 38
Article 38
Amendment 189 #
2008/0211(COD)
Proposal for a directive
Article 43 – paragraph 1
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.
Amendment 192 #
2008/0211(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
Amendment 217 #
2008/0211(COD)
Proposal for a directive
Annex IV – point 3 – point 3.5 – point a
Annex IV – point 3 – point 3.5 – point a
(a) USufficient uncontaminated drinking water shall always be available to all animals.
Amendment 94 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b – paragraph 2
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.
Amendment 126 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1
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.
Amendment 144 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2 a (new)
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.
Amendment 145 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3
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.
Amendment 145 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point t
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;
Amendment 221 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
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
Amendment 232 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
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.
Amendment 237 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
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.
Amendment 247 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
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.
Amendment 257 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
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.
Amendment 260 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
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.
Amendment 276 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
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.
Amendment 286 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
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.
Amendment 306 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
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.
Amendment 325 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
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:
Amendment 329 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 2 a (new)
Article 10b – paragraph 2 a (new)
Amendment 374 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
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.
Amendment 380 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
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.
Amendment 393 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex I – point 2
Annex I – point 2
Amendment 2 #
2008/0000(INI)
Motion for a resolution
Citation 4 a (new)
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),
Amendment 78 #
2008/0000(INI)
Motion for a resolution
Paragraph 9 a (new)
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;
Amendment 93 #
2008/0000(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 95 #
2008/0000(INI)
Motion for a resolution
Paragraph 15 b (new)
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;
Amendment 1 #
2007/2265(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to its resolution of 15 January 2008 on CARS 21: A Competitive Automotive Regulatory Framework1,
Amendment 2 #
2007/2265(INI)
Motion for a resolution
Citation 6 a (new)
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,
Amendment 34 #
2007/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
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);
Amendment 1 #
2007/2198(INI)
Motion for a resolution
Citation 1 a (new)
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,
Amendment 3 #
2007/2198(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
Amendment 21 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
Amendment 23 #
2007/2198(INI)
Motion for a resolution
Recital D a (new)
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,
Amendment 24 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 50 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
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);
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 58 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 62 #
2007/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 66 #
2007/2198(INI)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 73 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 79 #
2007/2198(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 83 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 108 #
2007/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 136 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 141 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 37 #
2007/2184(INI)
Motion for a resolution
Paragraph 9 a (new)
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;
Amendment 38 #
2007/2184(INI)
Motion for a resolution
Paragraph 9 b (new)
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
Amendment 10 #
2007/2118(INI)
Motion for a resolution
Recital D a (new)
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.),
Amendment 11 #
2007/2118(INI)
Motion for a resolution
Recital D b (new)
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,
Amendment 12 #
2007/2118(INI)
Motion for a resolution
Recital D c (new)
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,
Amendment 13 #
2007/2118(INI)
Motion for a resolution
Recital D d (new)
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;
Amendment 14 #
2007/2118(INI)
Motion for a resolution
Recital D e (new)
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,
Amendment 29 #
2007/2118(INI)
Motion for a resolution
Recital N
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,
Amendment 30 #
2007/2118(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 31 #
2007/2118(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas Russia has agreed to adhere strictly to the Espoo Convention in the case of the Nord Stream project,
Amendment 33 #
2007/2118(INI)
Motion for a resolution
Recital O
Recital O
Amendment 39 #
2007/2118(INI)
Motion for a resolution
Recital P
Recital P
Amendment 42 #
2007/2118(INI)
Motion for a resolution
Recital Q a (new)
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,
Amendment 44 #
2007/2118(INI)
Motion for a resolution
Recital T
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,
Amendment 49 #
2007/2118(INI)
Motion for a resolution
Recital X
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,
Amendment 50 #
2007/2118(INI)
Motion for a resolution
Recital Y
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,
Amendment 51 #
2007/2118(INI)
Motion for a resolution
Recital Z
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,
Amendment 53 #
2007/2118(INI)
Motion for a resolution
Recital AA
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,
Amendment 54 #
2007/2118(INI)
Motion for a resolution
Paragraph -1 (new)
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;
Amendment 55 #
2007/2118(INI)
Motion for a resolution
Paragraph -1 a (new)
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;
Amendment 56 #
2007/2118(INI)
Motion for a resolution
Paragraph -1 b (new)
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;
Amendment 57 #
2007/2118(INI)
Motion for a resolution
Paragraph -1 c (new)
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;
Amendment 58 #
2007/2118(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Recalls that Nord Stream is both the most advanced and the largest of all planned new infrastructure projects;
Amendment 73 #
2007/2118(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 85 #
2007/2118(INI)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 87 #
2007/2118(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 93 #
2007/2118(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2007/2118(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 103 #
2007/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 108 #
2007/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 112 #
2007/2118(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 116 #
2007/2118(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 123 #
2007/2118(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 126 #
2007/2118(INI)
Motion for a resolution
Paragraph 11 a (new)
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;
Amendment 130 #
2007/2118(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 138 #
2007/2118(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 144 #
2007/2118(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 149 #
2007/2118(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 150 #
2007/2118(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 154 #
2007/2118(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 160 #
2007/2118(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 164 #
2007/2118(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 169 #
2007/2118(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 176 #
2007/2118(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 184 #
2007/2118(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 26 #
2007/0289(CNS)
Proposal for a regulation – amending act
Recital 22 a (new)
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.
Amendment 29 #
2007/0289(CNS)
Proposal for a regulation – amending act
Article 8 − paragraph 1 a (new)
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.
Amendment 35 #
2007/0289(CNS)
Proposal for a regulation – amending act
Article 15 − paragraph 2 a (new)
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.
Amendment 133 #
2007/0249(COD)
Proposal for a regulation
Recital 2
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.
Amendment 134 #
2007/0249(COD)
Proposal for a regulation
Recital 4 a (new)
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.
Amendment 135 #
2007/0249(COD)
Proposal for a regulation
Recital 7
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.
Amendment 136 #
2007/0249(COD)
Proposal for a regulation
Recital 11 a (new)
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.
Amendment 147 #
2007/0249(COD)
Proposal for a regulation
Recital 28 a (new)
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.
Amendment 152 #
2007/0249(COD)
Proposal for a regulation
Recital 32
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.
Amendment 158 #
2007/0249(COD)
Proposal for a regulation
Recital 49 a (new)
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.
Amendment 163 #
2007/0249(COD)
Proposal for a regulation
Article 1 – paragraph 2
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.
Amendment 164 #
2007/0249(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
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.
Amendment 165 #
2007/0249(COD)
Proposal for a regulation
Article 1 – paragraph 5 b (new)
Article 1 – paragraph 5 b (new)
Amendment 166 #
2007/0249(COD)
Proposal for a regulation
Article 3 – introductory phrase
Article 3 – introductory phrase
Amendment 167 #
2007/0249(COD)
Proposal for a regulation
Article 3 – point a
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;
Amendment 173 #
2007/0249(COD)
Proposal for a regulation
Article 4 – paragraph 1
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.
Amendment 181 #
2007/0249(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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.
Amendment 192 #
2007/0249(COD)
Proposal for a regulation
Article 11 – paragraph 1
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.
Amendment 194 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 1
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.
Amendment 201 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 3
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.
Amendment 205 #
2007/0249(COD)
Proposal for a regulation
Article 25 – paragraph 2
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.
Amendment 211 #
2007/0249(COD)
Proposal for a regulation
Article 25 – paragraph 4
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.
Amendment 215 #
2007/0249(COD)
Proposal for a regulation
Article 26 – paragraph 13 a (new)
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.
Amendment 233 #
2007/0249(COD)
Proposal for a regulation
Article 36 – paragraph 1
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.
Amendment 236 #
2007/0249(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The expenditure of the AuthorityBERT shall cover staff, administrative, infrastructure and operational expenses.
Amendment 237 #
2007/0249(COD)
Proposal for a regulation
Article 36 – paragraph 4
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.
Amendment 238 #
2007/0249(COD)
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. The organisational and financial structure of BERT shall be reviewed on 1 January 2014.
Amendment 246 #
2007/0249(COD)
Proposal for a regulation
Article 49 – paragraph 4 a (new)
Article 49 – paragraph 4 a (new)
4a. The staff of BERT shall not exceed 30 staff members.
Amendment 249 #
2007/0249(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
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.
Amendment 29 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 20 a (new)
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.
Amendment 34 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 31 a (new)
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.
Amendment 35 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 31 b (new)
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.
Amendment 36 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 39 a (new)
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.
Amendment 58 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
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.
Amendment 65 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
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.
Amendment 79 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point b
Article 2 – point 3 – point b
Directive 2002/58/EC
Article 4 – paragraph 3
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.
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.
Amendment 136 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3
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.
Amendment 94 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3 a (new)
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.
Amendment 102 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3 b (new)
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.
Amendment 106 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 4 a (new)
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.
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.
Amendment 117 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 10 a (new)
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.
Amendment 118 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 10 b (new)
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.
Amendment 119 #
2007/0247(COD)
Recital 14 b (new)
Amendment 119 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 11
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.
Amendment 120 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 11 a (new)
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;
Amendment 121 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 13
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.
Amendment 132 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 19 a (new)
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.
Amendment 137 #
2007/0247(COD)
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability through the continuity of remedies over successive review periods as appropriate;
Amendment 139 #
2007/0247(COD)
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
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;
Amendment 153 #
2007/0247(COD)
Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
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.
Amendment 157 #
2007/0247(COD)
Article 2 – point a a (new)
Directive 2002/19/EC
Article 13 – paragraph 4 a (new)
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."
Amendment 167 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 43
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.
Amendment 197 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 58 a (new)
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.
Amendment 229 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 3a (new)
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."
Amendment 230 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2002/21/EC
Article 3 – paragraph 3b (new)
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."
Amendment 246 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2
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.
Amendment 251 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 1
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:
Amendment 253 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 2
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.
Amendment 258 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 259 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 266 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 271 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 7
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.
Amendment 278 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
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).
Amendment 291 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
Amendment 307 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point c a (new)
Article 1 – point 8 – point c a (new)
Directives 2002/21/EC
Article 8 – paragraph 3a (new)
Article 8 – paragraph 3a (new)
Amendment 327 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to 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.
Amendment 340 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
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
Amendment 404 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
Amendment 555 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 1
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.
Amendment 560 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 2
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).
Amendment 603 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 22
Article 1 – point 22
Directive 2002/21/EC
Article 21 – paragraph 2 – subparagraph 1
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.
Amendment 604 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1a (new)
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."
Amendment 640 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point a a (new)
Article 2 – point 3 – point a a (new)
Directive 2002/19/EC
Article 5 – paragraph 2a (new)
Article 5 – paragraph 2a (new)
(aa) The following paragraph is added: "2a. Where assessing 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."
Amendment 677 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. In 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."
Amendment 679 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 e (new)
Article 2 – point 8 e (new)
Directive 2002/19/EC
Article 13 – paragraph 4a (new)
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."
Amendment 35 #
2007/0233(COD)
Proposal for a regulation
Article 3 - paragraph 4
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).
Amendment 40 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 3
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.
Amendment 45 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 4
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.
Amendment 54 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 12
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.
Amendment 59 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 15
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.
Amendment 61 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 19
Recital 19
Amendment 64 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – point c
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.
Amendment 65 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – paragraph 3
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.
Amendment 87 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 – introductory phrase
Article 2 c – paragraph 1 – introductory phrase
(1) The European Network of Transmission System Operators for Gas shall adopset out:
Amendment 116 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
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.
Amendment 128 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
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.
Amendment 150 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3
Article 2 e – paragraph 3
Amendment 158 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 4
Article 2 e – paragraph 4
Amendment 178 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 1
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).
Amendment 218 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 219 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 9 – point b a (new)
Article 1 – point 9 – point b a (new)
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
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.
Amendment 222 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 9 – point c
Article 1 – point 9 – point c
Regulation (EC) No 1775/2005
Article 6 – paragraph 7
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.
Amendment 228 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 2
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.
Amendment 230 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4
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.
Amendment 236 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)
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.
Amendment 245 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 249 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraphs 4 to 6
Article 7 – paragraphs 4 to 6
Amendment 253 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1775/2005
Article 8a
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.
Amendment 257 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point c
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;
Amendment 266 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 2 – subparagraph 2
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)".
Amendment 46 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 5
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.
Amendment 55 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 7 a (new)
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.
Amendment 57 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8
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.
Amendment 75 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 12
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.
Amendment 94 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 19
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.
Amendment 115 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 24
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.
Amendment 125 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 28
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.
Amendment 218 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 252 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Amendment 321 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 2
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.
Amendment 341 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 1
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.
Amendment 344 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
Amendment 356 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 394 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (h)
Article 24c – paragraph 1 – point (h)
(h) monitoring the level of transparency, ensuring compliance of natural gas undertakingtransmission system operators with transparency obligations;
Amendment 396 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
Amendment 428 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 2 – point c
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;
Amendment 429 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3
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.
Amendment 471 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
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.
Amendment 476 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
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.
Amendment 317 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2003/54/EC
Article 14 – paragraph 3
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."
Amendment 318 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 9 c (new)
Article 1 – point 9 c (new)
Directive 2003/54/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 319 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 9 d (new)
Article 1 – point 9 d (new)
Directive 2003/54/EC
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
Amendment 320 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 9 e (new)
Article 1 – point 9 e (new)
Directive 2003/54/EC
Article 14 – paragraph 3 c (new)
Article 14 – paragraph 3 c (new)
Amendment 347 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 11 f (new)
Article 1 – point 11 f (new)
Directive 2003/54/EC
Article – 22 -a (new)
Article – 22 -a (new)
Amendment 391 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (f a) (new)
Article 22c – paragraph 1 – point (f a) (new)
(fa) monitoring investment into smart- grid technologies as a clear 10-year- development plan;