230 Amendments of María SORNOSA MARTÍNEZ
Amendment 1 #
2008/2248(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the petitions processright to petition the European Parliament by virtue of Article 194 of the EC Treaty provides European citizens and residents with a means of obtaining non-judicial redress for their grievances when these concern issues arising from the fields of activity of the European Union,
Amendment 8 #
2008/2248(INI)
Motion for a resolution
Recital K
Recital K
K. whereas Parliament considers that the obligation to cede legitimately acquired private property without due process and proper compensation and the obligation to pay arbitrary costs for unrequested and often unnecessary infrastructure development constitute a violation of an individual's fthe laws applicable to the regulation of the right of property must conform to the principles laid down in Article 17 of the Charter of Fundamental rRights under the ECHR and in the light of the case-law of the European Court of Human Rights (see, for instance, Aka v. Turkey1), which in essence coincide with the rules set out in Article 33 of the Spanish Constitution, with a view to ensuring maximum possible satisfaction of that fundamental right,
Amendment 15 #
2008/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas in the course of the current parliamentary term the Committee on Petitions, acting in response to the very large number of petitions received, has conducted detailed investigations, has reported three times on the extent of the abuse of the legitimate rights of European citizens to their legally acquired property in Spain, and has also detailed its concerns in relation to the undermining of sustainable development, environmental protection, water quality and provision, and procedures concerning public procurement with regard to urbanisation contracts and insufficient control of urbanisation procedures by many local and regional authorities in Spain1, 1 See the above-mentioned resolution of 21 June 2007 and the resolution of 13 December 2005 on the alleged abuse of the Valencian Land Law or Ley Reguladora de la Actividad Urbanística (LRAU – law on development activities) and its effect on European citizens (Petitions 609/2003, 732/2003, 985/2002, 111272002. 107/2004 and others) (OJ C 286 E, 23.11.2006, p.225)., which are currently the subject of legal proceedings both in Spain and before the Court of Justice of the European Communities, Or. es
Amendment 19 #
2008/2248(INI)
Motion for a resolution
Recital M
Recital M
M. whereas there is growing evidence that the judicial authorities in Spain have begun to respond to the challenge resulting from excessive urbanisation in many coastal areas, in particular by investigating and bringing charges to bear against corrupt local officials who, by their actions,potential abuses and unlawful practices that have facilitated unprecedented and unregulated urban developments to the detriment of the rights of Europeacertain citizens, thereby damaging irretrievablyseverely damaging the biodiversity and environmental integrity of many regions of Spain; whereas Parliament has observed, however, that procedures remain outrageously slow and that the sentences handed down in many of these cases are incapable of being enforced in a way which provides any satisfaction to the victims of such abusesome regions of Spain,
Amendment 23 #
2008/2248(INI)
Motion for a resolution
Recital N
Recital N
N. whereas such widespread activity, supported by irresponsible local and regional authorities through inadequate and sometimes unjustified legislation which in many cases runs counter to the objectives of several European legislative actsthe lax application of the urban planning and environmental laws in force in the Spanish autonomous communities to certain urban development operations, as well as the emergence of major cases of corruption stemming from these, hasve been mostpotentially damaging to the image of Spain and to its broader economic and political interests in Europe,
Amendment 26 #
2008/2248(INI)
Motion for a resolution
Recital O
Recital O
O. whereas regional ombudsmen have frequently acted, in very difficult circumstances, to defend the interests of European citizens in cases related to urbanisation abuses, albeit that their efforts have generally not been heeded by regional governmenthough in some autonomous communities, regional governments have on occasion been able to pay no heed to their efforts,
Amendment 28 #
2008/2248(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Article 33 of the Spanish Constitution makes reference todefines the rights of individuals to their property, and whereas no comprehensive interpretation of that article has ever been provided by the as a fundamental right, laying down that: ‘1. The right to private property and to inheritance is recognised. 2. The social function of these rights shall determine their scope, as provided for by law. 3. No person shall be deprived of their property or their rights except for a cause recognised as being in the public interest or in the interest of society and in exchange for fitting compensation as provided for by law’; whereas Article 148.3 of the Spanish Constitution al Court, notably as regards the provision of property for social use as opposed to the rights of individulows the autonomous communities to which such powers have been transferred to assume responsibility for land use planning, town planning and housing (as is the case with the Community of Valencia); whereas some statutes of autonomy allow for the delegation of powers to local councils able to assume these and to ensure due coordination and efficiency in the provision of services (Article 45 of the Statute of the Autonomous Community of Valencia); considering als to their legally acquired homes and dwellings, currently-applicable Law of 16 December 1954 on compulsory purchase, and the subsequent amendments thereto, as well as Royal Legislative Decree No 2/2008 of 20 June 2008 approving the revised text of the Land Law, and considering the vast body of case law of the Spanish Supreme Court and Constitutional Court in respect of the right to private property,
Amendment 32 #
2008/2248(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the national government in Spain has a duty to apply the EC Treaty and to defend and ensure the full application of European law on its territory, irrespective oftaking into account the internal organisation of the political authoritiesSpanish State as established by the Constitution of the Kingdom of Spain,
Amendment 34 #
2008/2248(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the Commission, acting pursuant to the powers conferred on it by Article 226 of the EC Treaty, has brought proceedings against Spain before the Court of Justice in a case involving the excessive urbanisation abuses which have occurred in Spain which directly concerns the implementation by the Valencian authorities of the Directivein respect of the Ley Urbanística Valenciana before the Court of Justice, on the grounds that it infringes the Community regulations on Ppublic Pprocurement1,
Amendment 40 #
2008/2248(INI)
Motion for a resolution
Recital T
Recital T
T. whereas, however, in manysome documented cases of urbanisation abuse in Spainpoor urban planning practice, the Commission has failed to act sufficiently forcefully, not only as regards enforcement of the precautionary principle of environmental law but also because of its lax interpretation of acts by competent local or regional authorities which have binding legal effect, such as the “provisional approval” of an integrated urban development plan by a local authority,
Amendment 42 #
2008/2248(INI)
Motion for a resolution
Recital V
Recital V
V. whereas successive fact-finding visits by the Committee on Petitions have shownnoted that these objectives are frequently grossly misunderstood by many local and regional authorities (not just in the coastal regions) when proposing or agreeing to extensive urbanisation programmes; whereas most urbanisation plans contested by petitions involve the reclassification ofsome local and regional authorities have continued with extensive urbanisation programmes, sometimes selectively reclassifying rural land into land zoned for urbanisation – to the considerable economic benefit of the urbanisation agent and the developer; and whereas there are also m, without any prior supra-municipal plan or guidelines setting reasonable anyd instances of protected land, or land which should be protected because of its sensitive biodiversity, being de-listed and reclassified, or not being listed at all, precisely to allow for urbanisation of the area concerneddispensible limits on municipal urban growth to provide a guarantee of desirable and balanced sustainable urban and regional development,
Amendment 45 #
2008/2248(INI)
Motion for a resolution
Recital W
Recital W
W. whereas such considerations compound the abuse which is felt by thousands of European citizens who, as a result of the plans of the urbanisation agents, have not only lost their legitimately acquired property but have been forced to pay the arbitrary cost of unwanted, often unnecessary and unwarranted infrastructure projects directly affecting their property rights, the end result of which has been financial and emotional catastrophe for many familiesthe lax application of the urban development and environmental legislation in force has occasioned serious financial and personal harm to some members of the public, which has on occasion taken the form of an increase in urbanisation costs in excess of those resulting from a correct assessment in accordance with the mandatory legal procedures, or in larger transfers of land than those laid down in law,
Amendment 48 #
2008/2248(INI)
Motion for a resolution
Recital X
Recital X
Amendment 56 #
2008/2248(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the natural Mediterranean island and coastal areas of Spain have suffered extensive destruction in the last decade as cement and concrete have saturated these regions in a way which has affected not only the fragile coastal environment – much of which is nominally protected under the Habitats1/Natura 2000 and Birds2 Directives – but also the social and cultural activity of many areas, which constitutes a tragsignific and irretrievablet loss to their cultural identity and heritage as well as to their environmental integrity, and all this primarily because of the greed and speculative behaviour of certain local authorities and members of the construction industry who have succeeded in deriving massive benefits from their activities in this regard, most of which have been exported3, 1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 2 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1). 3 Note the recent reports issued by the Bank of Spain, Greenpeace, and Transparency International.absence of supramunicipal planning or regional planning guidelines placing reasonable limits on urban growth and development, set on the basis of explicit criteria of environmental sustainability, Or. es
Amendment 61 #
2008/2248(INI)
Motion for a resolution
Recital Z
Recital Z
Amendment 65 #
2008/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Government of Spain and of the regions concerned, where they have not yet done so, to carry out a thorough review and to revise all legislation affecting the rights of individual property ownerson urbanisation, in order to bring an end to theany abuse ofthat may occur and affect the rights and obligations enshrined in the EC Treaty, in the Charter of Fundamental Rights, in the ECHR and in the relevant EU Directives, as well as in other conventions to which the EU is a party;
Amendment 69 #
2008/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the competent regional authorities to declare a moratorium , where they do not have them, to draw up region all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility and which do not guarantee respect for the rightful ownership of legitimately acquired property, and to and supramunicipal planning instruments as soon as possible that place limits on growth under criteria based on strict regional sustainability and, to the extent that existing legislation and the preservation of legitimately acquired rights permit, to reconsider those developments that compromise rational land use in the short, medium and long term, with a view to their reorientation towards sites and timeframes for implementation thalt and cancel all existing developments where criteria laid down in EU law, notablyre more acceptable from the socio-economic and environmental point of view; recommends, likewise, that the competent authorities reconsider, where appropriate, the application of contract law as regards the awardimplementation of urbanisation contracts andwork, as the Commission has argued before the Court of Justice of the European Communities, as well as compliance with provisions relating to water and the environment, have not been respected or applied; calls, likewise, on the competent regional authorities to promote an agreement between all social stakeholders with a view to a pact on improved town planning geared to sustainable development;
Amendment 76 #
2008/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the competent national and regional authorities to establish functioning judicial and administrative mechanisms, involving the regional ombudsmen, which are given the authority to provide means ofthat make it possible to speed up redress and of compensation for victims of urbanisation abuse who have suffered under the incorrect application of the provisions of existing legislation such as the Ley Reguladora de la Actividad Urbanística and the Ley Urbanística Valenciana;
Amendment 82 #
2008/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 88 #
2008/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission, at the same time, to ensure strict respect for the application of Community law and of the objectives laid down in the Directives covered by this resolution, and to be more exigent vis-à-vis the Spanish authorities when it appears that many local authorities are failing to fulfil their obligations in relation to EU citizensso that compliance therewith can be demanded;
Amendment 90 #
2008/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 98 #
2008/2248(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that absence of clarity, that possible misapplication of the precovision and certainty with regard to individual property rights contained in existing legislation, and the lack of any proper and consistent application ofs concerning property rights with regard to the general interest, as laid down in current legislation on both development and the environmental law, are is one of the root causes of many problems related to urbanisation and that this, combined with a certain lathe complexity inof the judicial process, has not only compounded the problem but has also generated an endemic form of corruption of which, once again, the European citizen is the primary victim, but which has also caumade possible some cases of corruption of which the primary victims are ordinary citizens, as a result of the failure to achieve rational spatial planning, but which has also caused the Spanish state to suffer significant prejudice, specifically in the Valencian Community, arising from the interpretation of the application of Law 6/1994 of 15 November, regulating development activity, which, although formally repealed, continues to be applied to many development plans and projects currently being processed, since this is permissible under the transition provisions of the new Ley Urbanística Valenciana Development Law. Believes that the conclusions reached by the Valencian Community’s Ombudswoman (Síndica de Greuges), an institution justly famed for its defence of citizens’ fundamental rights, conclusions which state that owners’ rights may have been affected, whether as a result of being undervalued by the developer, or by their having to shoulder sometimes excessive development charges unilaterally imposed by the Spanish state to suffer significant loss; developer; Access to information and citizens’ involvement in the development process needs to be guaranteed from the outset of the process, making environmental information available to citizens in a clear, simple and comprehensible form. Believes that no properly delimited definition of ‘general interest’ has been made either in existing development legislation nor by the appropriate authorities, and that this term is used to approve projects which are environmentally unsustainable, and in certain cases to circumvent negative environmental impact assessments and reports by the Hydographic Confederation;
Amendment 105 #
2008/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9.Pays tribute to, and fully supports the activities of, the regional ombudsmen (“síndics de greuges”) and their staff, as well as to the more assiduous public prosecutors (“fiscales”) who have recently doneare doing an enormous amount to restore the integrity of some of the institutions affected by this issueamline court proceedings, despite the complexity entailed by the legal actions arising from development activity;
Amendment 109 #
2008/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2008/2248(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 114 #
2008/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the conclusions contained in its previous resolutions by calling in question the methods of designation of urbanisation agents and the frequently excessive powers often given to town planners and property developers by certain local authorities at the expense of communities and the citizens who have their homes in the areaon the methods whereby town planners and property developers are designated by the administration to carry out urbanisation work, on the basis of the Commission’s arguments and legal bases for applying Community and Spanish government procurement legislation to the carrying out of urbanisation work, as set out before the European Court of Justice;
Amendment 119 #
2008/2248(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 121 #
2008/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms that, where compensation is payable for loss of property, it should be awarded at a suitable rate and in conformity with the law and the case-law of the Court of Justice and of the European Court of Human Rights;
Amendment 123 #
2008/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 124 #
2008/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Instructs its President to forward this resolution to the Commission and the Council, to the Government and Parliament of the Kingdom of Spain and the Autonomous Regional Governments and Assemblies, to the national and regional ombudsmen of Spain and to the petitioners;
Amendment 1 #
2008/2074(INI)
Motion for a resolution
Indent 4 a (new)
Indent 4 a (new)
- having regard to its resolution of 18 May 2006 on natural disasters (forest fires, droughts and floods) – agricultural aspects,
Amendment 35 #
2008/2074(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the link between climate change, water scarcity and drought and is deeply concerned about the possible impact on public health; calls for account to be taken of their impact on water resources when policies to combat climate change are drawn up: asks that an in-depth study be made of the inter-relationship between the development of biofuels and the availability of water resources; calls, likewise, for a specific assessment to be made of installations with a high consumption of water resources; stresses the need to mainstream the issue of water into all policy areas and to create a truly integrated approach when addressing it, including all of the financial instruments of the EU; underlines that all political levels (national, regional and local) should be involved in the process;
Amendment 65 #
2008/2074(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the EU to support technology and innovation aimed at improving efficiency in the use of water; calls on the Commission to promote research, within the framework of the Seventh Framework Programme for research, technological development and demonstration activities, into desalination technologies which reduce the impact on the environment and their cost;
Amendment 70 #
2008/2074(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission, bearing in mind that losses owing to leakages in the public water supply network in urban centres may exceed 50%, to look into the possibility of promoting a network of cities to encourage sustainable water use with the aim of exchanging good practices such as re-use, saving and improved water efficiency and jointly carrying out pilot demonstration projects; calls, likewise, on local authorities to improve supply networks for water distribution that have become obsolete;
Amendment 71 #
2008/2074(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that 40% of the water used in the EU could be saved; calls for concrete measures and financial incentives to promote a more efficient and sustainable use of water; calls, likewise, for the widespread installation of metering devices to measure water consumption in order to encourage saving, re-use and the efficient and rational use of water;
Amendment 112 #
2008/2074(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to consider financing in 2009 a pilot project intended to cover research, surveying and monitoring for the development of prevention activities to halt desertification in Europe thus preventing erosion, agriculture and biodiversity losses, increasing soil protection and fertility and the soil's capacity to retain water as well as its abilities in carbon capture;
Amendment 115 #
2008/2074(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Supports the Commission's commitment to continue to highlight the challenge of water scarcity and drought at international level, in particular through the United Nations Convention to Combat Desertification and the United Nations Framework Convention on Climate Change;
Amendment 112 #
2008/2015(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Suggests that the Commission rethink the notdevelop scenarions of an fixed quotas for biofuels anused instead develop flexible scenarios transport which take account not only of the growing worldwide need for agricultural land for food and feedstuffs but also of the questionand the impact on water resources but also of the need to import biofuels into the EU, with a view to meeting the requirements of individual mobility and goods transport in future;
Amendment 123 #
2008/2015(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to reconsider the non-binding nature of the 20% goal for energy efficiency by 2020 and if necessary to propose to the Council that this target be made binding; also stresses the need to explore the possibility of laying down interim reduction objectives;
Amendment 134 #
2008/2015(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 138 #
2008/2015(INI)
Motion for a resolution
Paragraph 39a (new)
Paragraph 39a (new)
39a. Calls on Member States, together with relevant local authorities and professional associations, to put in place energy efficiency criteria, guidelines and regulations for new buildings and important renovation works, and stresses the fundamental role of the public authorities in encouraging the inclusion of energy efficiency requirements among the rules governing public procurement;
Amendment 151 #
2008/2015(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for a comprehensive policy mix of mutually supportive measures towards a sustainable transport policy comprising the development of vehicle technology (eco- efficient innovation), increased use of alternative forms of propulsion, intelligent traffic management, changes in driving styles and car use, and a CO2 tax, whichenergy sources for transport, the creation of distribution networks for clean fuels, increased use of alternative forms of propulsion, intelligent traffic management, changes in driving styles and car use, improved logistics, "green corridors" and TIC for transport, a CO2 tax and the modernisation of public transport in order to achieve the goal of zero emissions without ignoring the increased need for mobility; points out that all of these could be promoted by clear preferences in public procurement;
Amendment 158 #
2008/2015(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 163 #
2008/2015(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Welcomes the creation and extension of the Trans-European Networks and calls for the priority projects, in particular those which are most climate-friendly, including "green corridors", to be completed as soon as possible, since these are vitally important for freight transport logistics and a sustainable European transport policy;
Amendment 168 #
2008/2015(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
Amendment 171 #
2008/2015(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Regrets that the TEN-e programme has not been used to ensure the necessary infrastructures for the distribution of alternative energy sources for transport (biofuels, hydrogen, electricity, etc.) from renewable energy;
Amendment 173 #
2008/2015(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Calls on the Member States and local authorities, by means of pricing measures and other incentives, to promote a modal shift from cars to local public transport and from road to railmore environmentally friendly means of transport, and by substantial investments in the necessary infrastructure to massively expand and improve the overall service and make it more attractive; , making public transport more attractive; in the intermediate period, calls for improvements in the integration of private/individual transportation with passenger/freight integrated logistics and public/collective transport systems;
Amendment 187 #
2008/2015(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Calls on all Member States and the EU institutions to give all necessary support to R&D in respect of break- through environmentally friendly transport technologies, such as hydrogen, electric, fuel cells, hybrids or advanced biofuels;
Amendment 190 #
2008/2015(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Calls on the Commission to draw up a report by 2010 on cabotage and other factors in the European Union which lead to unladen journeys and losses of efficiency in the Internal Market; believes that efficient and effective freight logistics based on TICs and systems as Galileo, used as an integral part of the EU transport system, are the key to sustainable mobility in Europe, to economic efficiency and competitiveness, to optimal use of energy resources, to job creation, to the protection of the environment and to fighting against climate change; calls on the Commission to integrate both the logistic approach and the "green corridors" in the next review of the TEN-T strategy;
Amendment 199 #
2008/2015(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Calls on the Commission, the Member States and regions, in climate-sensitive seasonal tourist areas where there are no real alternatives on offer, to take comprehensive adaptation and preventive measures – such as securing water supplies, protecting against forest fires and improving coastal defences – to reflect the economic importance of tourism and of the necessary infrastructure for jobs and incomes, and to counteract significant economic damage along the whole length of the value chain;
Amendment 205 #
2008/2015(INI)
Motion for a resolution
Paragraph 69 a (new)
Paragraph 69 a (new)
69a. Recommends the development of more ecological types of tourism, such as social tourism, sport tourism or cultural tourism, and stresses that the tourist destinations of excellence should be those which respect and protect the environment;
Amendment 226 #
2008/2015(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 269 #
2008/2015(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Calls on the Council to approve its Common Position on the Framework Directive on soil protection in order to introduce a genuine community instrument to fight against the effects of deforestation, erosion and desertification;
Amendment 274 #
2008/2015(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Takes the view that strategic planning and integrated water management based on present and futureresources based on supply measures and hierarchy of water needuses are key to coping successfully with the effects of climate change on the availableility and variability of water resources;
Amendment 277 #
2008/2015(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Considers that integrated water resources management should comprise strategies for the improvement of water use efficiency, water saving, rationalisation and limitation of water consumption, and improved consumer awareness on sustainable water consumption, and should respond to issues concerning the collection and storage of rainwater in natural and artificial reservoirs, as well as to those relating to the risk and impact of floods and droughts; considers that action should be encouraged to establish an effective hierarchy of water uses and recalls that a demand-side approach should be preferred when managing water resources;
Amendment 280 #
2008/2015(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Calls on the Commission to assume an important cross-border coordinating role in water management, particularly by network creation and funding of research into innovative technologies for the desalination of sea water, new irrigation systems and agricultural and urban water consumption, and for pilot projects to reduce damage from drought or flooding; calls for the rapid establishment of the European Drought Observatory and the early warning system;
Amendment 284 #
2008/2015(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Considers that, in order to provide adequate incentives to use water resources efficiently, Member States should, in their water policy, take account of the principles of recovery of the costs of water services and "polluter pays";
Amendment 285 #
2008/2015(INI)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Stresses that some of the current fishing practices further decreases the resilience of fish stocks and marine life to the impact of climate change;
Amendment 288 #
2008/2015(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Recognises that the hierarchy of waste forms a leitmotiv in European waste policy; points out, however, that from the point of view of combating climate change the rigid application of this hierarchy is not necessarily helpfulinvites the Commission to propose percentage reduction targets on reducing, reusing and recycling waste; demands that the targets be reviewed and tightened when necessary;
Amendment 363 #
2008/2015(INI)
Motion for a resolution
Paragraph 141
Paragraph 141
141. Suggests that the Commission declare a European Year of Energy and Resource Efficiency in order to raise citizens’ awareness at all policy levels of more efficient use of resources and to take climate change as an opportunity to hold an intensive debate on the availability and handling of resources; calls on the Commission and the Member States to fight energy poverty as well as to guarantee the development of a water saving culture and to raise public awareness of water saving through educational programmes; calls on the Commission to look into the possibility of promoting a network of cities to encourage sustainable water use with the aim of exchanging good practice and jointly carrying out pilot demonstration projects;
Amendment 19 #
2008/2001(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, since the review period and the subsequent publication of IPCC AR4, numerous new scientific studies have measured and brought forward data confirming the global warming trend and have further assessed the implications of climate change on mankind in social, economic and ecological terms, as well as the need to adapt to it and mitigate it,
Amendment 26 #
2008/2001(INI)
Motion for a resolution
Recital H
Recital H
H. whereas recent scientific studies have delivered further proof of the anthropogenic disturbance of the earth's atmosphere; whereas the physical science of climate change is assessing the concrete implications of already existing levels of global warming caused by historic emissions; whereas the data collected from such studies underline the urgent need for adaptation and mitigation measures to be implemented in order to limit serious risk to humans and the infrastructure, first and foremost in the developing world but also in Europe and other wealthier parts of the world,
Amendment 36 #
2008/2001(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the scientific consensus as expressed in IPCC AR4 leads to the conclusion that the level of global GHG emissions must be at least halvreduced by 2050% to avoid serious risks; whereas this target has been endorsed by the EU Heads of State and Heads of Government at the meeting of the G8 at Heiligendamm85% compared to 2000 to avoid serious risks; whereas it will be increasingly difficult to achieve this target if global GHG emissions continue to rise until 2020 and beyond; whereas nearly all Member States are making good or even excellent progress in their efforts to comply with their individual EU burden-sharing targets, thus raising the likelihood that the EU will reach its Kyoto target by 2012; whereas, nevertheless, after 2012 Member States will have to reduce GHG emissions in a more ambitious way if they are to meet the targets adopted at the above-mentioned European Council on 8-9 March 2007 and to halve their GHG emissions by 205, to be achieved collectively by developed countries, of reducing their GHG emissions by 60% to 80% by 2050 compared to 1990,
Amendment 49 #
2008/2001(INI)
Motion for a resolution
Recital La (new)
Recital La (new)
La. whereas the EU's new maritime policy will require initiatives to reduce the impact of climate change, ensuring sustainable maritime development, including prevention in the face of extreme weather conditions in coastal zones,
Amendment 52 #
2008/2001(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the IPCC AR4 has, for the first time, documented the wide- ranging impacts of changes in current climate patterns in Europe, such as retreating glaciers, increasingly lengthy seasons, shifts in the geographical range of species’ habitats and health impacts caused by a heatwave of unprecedented magnitude; whereas the changes observed are consistent with those projected for future climate change; whereas, throughout Europe as a whole, nearly all regions will be negatively affected by the various future impacts of climate change and these will pose challenges in many economic sectors; whereas these changes will require modifications to the Community policies and, concretely, in the framework of the forthcoming review of the CAP and the new integrated maritime policy; whereas climate change is expected to magnify regional differences in Europe’s natural resources, e.g. water availability,
Amendment 63 #
2008/2001(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the next IPCC assessment report will probably not be published until 2012 or 2013; whereas additional knowledge emanating from scientific reports commissioned by governments or conducted by other international bodies or UN institutions such as the Food and Agricultural Organization (FAO), the UN Environment Programme (UNEP), the UN Development Programme (UNDP), the World Meteorological Organization (WMO) or the World Health Organization (WHO) are making a significant contribution to a deeper understanding of the current and future impact of climate change on humans and the environment, as well as to adaptation to and mitigation of climate change,
Amendment 68 #
2008/2001(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas it is necessary to see global warming and the various dimensions of climate change from the perspective of other global problems such as poverty or global health issues, as these problems will be exacerbated by the effects of rising temperatures, drought, floods and increasingly frequent extreme climate phenomena; whereas climate change could impede the ability of countries to follow sustainable development pathways and attain the Millennium Development Goals; whereas climate change could seriously threaten examples of successful development and should therefore be an overarching issue in international cooperation,
Amendment 103 #
2008/2001(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that more scientific research should be focusing on the impact and role of land use and forests and their possible contribution to offsetting GHG emissions, and on the impact and role of oceans and seas;
Amendment 105 #
2008/2001(INI)
Motion for a resolution
Paragraph 8a (new)
Paragraph 8a (new)
8a. Advocates additional research into the impact of the policy of promoting biofuels and their effects on the increase of deforestation, the expansion of cultivated land and world food supplies;
Amendment 109 #
2008/2001(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the communication of scientific evidence of human impact on the global climate must be the main element of a broader effort to raise public awareness and subsequently gain and maintain public support for political measures to curb carbon emissions; asks the IPCC to publish a summary of its assessment reports for the public; believes, furthermore, that individual changes in lifestyle patterns are necessary and should be a part of educational attemptprogrammes to communicate the causes and effects of global warming, but that they cannot be imposed by political decisions;
Amendment 111 #
2008/2001(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the communication of scientific evidence of human impact on the global climate must be the main element of a broader effort to raise public awareness and subsequently gain public support for political(deletion) measures to curb carbon emissions, such as interaction with the various social players; believes, furthermore, that individual changes in lifestyle patterns are necessary and should be a part of educational attempts to communicate the causes and effects of global warming, but that they cannot be imposed by political decisions;
Amendment 120 #
2008/2001(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks its Temporary Committee on Climate Change to continue its work and, at the end of its mandate, to present to Parliament a report containing, as appropriate, recommendations as to actions or initiatives, as well as adaptation and mitigation measures, to be taken on the EU’s future integrated policy on climate change in line with the EU objective of limiting global temperature increases to below 2°C and in accordance with the findings and recommendations of IPCC AR4;
Amendment 130 #
2008/2001(INI)
Motion for a resolution
Paragraph 11a (new)
Paragraph 11a (new)
11a. Calls on the Commission to review the Union's policy on the use of biofuels in the fight against climate change, placing special emphasis on sustainability criteria in terns of reducing greenhouse gas emissions and the life cycle of individual biofuels, as well as adopting protection measures in this connection;
Amendment 45 #
2008/0142(COD)
Proposal for a directive
Title
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the application of patients’ rights in cross-border healthcareto access to safe, high- quality and effective healthcare, under equitable conditions
Amendment 47 #
2008/0142(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95152 thereof,
Amendment 82 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: – Use of healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as ‘patient mobility’; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).
Amendment 97 #
2008/0142(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 117 #
2008/0142(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 124 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment in another Member State, if such a treatment is not among the benefits provided for by the legislation of the patient’s Member State of affiliation, or to alter the conditions governing such entitlement, where these are laid down in the legislation of the Member State of affiliation. Equally this Directive does not prevent the Member States from extending their benefits in kind scheme to healthcare provided in another Member State according to its provisions.
Amendment 146 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 153 #
2008/0142(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In the light of the case law of the Court of Justice, Member States may impose a prior authorisation requirement where the national system is called upon to assume the costs of hospital care administered in another Member State. Such a requirement should be considered a reasonable as well as a necessary step. That being the case, the number of hospitals, their geographical spread, the way in which they are organised, and the facilities that they have, and even the nature of the medical services which they are able to offer, are all matters that should be possible to deal with by means of planning, couched in general terms in order to satisfy varied needs. Such planning should, firstly, be intended to ensure that the necessary access is provided at all times to a balanced range of efficacious hospital treatment in the Member State concerned. Secondly, it should help to satisfy the desire for rational use of resources, thus making for social efficiency in terms of financial, technical, and human resources.
Amendment 195 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision ofaccess by EU citizens to safe, high quality and efficient cross-borderhealthcare, under equitable conditions, and establishes mechanisms for cooperation among Member States in the field of health, respecting national competences as regards the organisation and provision of healthcare.
Amendment 207 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private, defined in Article 4, which is not guaranteed by Regulation (EC) No 883/2004 on the coordination of social security systems.
Amendment 230 #
2008/0142(COD)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
Amendment 257 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (b)
Article 4 - point (b)
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 262 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (c)
Article 4 - point (c)
Amendment 264 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (d)
Article 4 - point (d)
(d) "health professional" means a doctor of medicimedical practitioner or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC;
Amendment 276 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (f)
Article 4 - point (f)
(f) "patient" means any natural person who receives or wishes to receive healthcare in a Member State;
Amendment 278 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (g)
Article 4 - point (g)
(g) "insured person" means: (i) until the date of application of Regulation (EC) No 883/2004: a person who is insured in accordance withunder the provisions of Articles 1, 2 and 4 of Regulation (EC) No 1408/71, (ii) as from the date of application of Regulation (EC) No 883/2004: a person who is an insured person within the meaning ofthe definition in Article 1(c) of Regulation (EC) No 883/2004;
Amendment 282 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (h)
Article 4 - point (h)
(h) "Member State of affiliation" means the Member State where the patient is an insured person. If the patient is legally resident in a Member State and not insured by any European social security scheme, but has a recognised entitlement to healthcare, the Member State of affiliation shall be the Member State of residence;
Amendment 300 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (l a) (new)
Article 4 - point (l a) (new)
(la) "Patient's medical records" or "medical history" means all the documents containing data, assessments and information of any kind on a patient's situation and clinical development throughout the care process.
Amendment 302 #
2008/0142(COD)
Proposal for a directive
Chapter II – title
Chapter II – title
MEMBER STATE AUTHORITIES RESPONSIBLE FOR COMPLIANCE WITH COMMON PRINCIPLES FOR HEALTHCARE
Amendment 303 #
2008/0142(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Responsibilities of authorities of the Member State of treatment
Amendment 388 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid forin respect of which the insured person is entitled to assumption of the costs, as well as the level of reimbursement and co-payment to be met by that person, regardless of where it is provided.
Amendment 430 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Subject to the provisions of Articles 8 and 9, the Member State of affiliation shall not make the reimbursement of the costs of healthcare provided in another Member State subject to prior authorisation.
Amendment 434 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
Amendment 448 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of the costs of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: a) healthcare which requires overnight accommodation of the patient in question for at least one night; b) healthcare, included in a specific list, that does not requireand specialist assistance shall mean, in accordance with the definition of the legislation of the Member State of affiliation, healthcare requiring planning, in that it necessitates overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that requires, or calls for the use of highly specialised and cost- intensive medical infrastructure or medical equipment;, or - healthcare involvinges treatments presenting a particularspecific risk for the patient or the population.
Amendment 460 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 473 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationameet the cost of hospital care and specialist assistance (subject to the definition prevailing in the Member State of affilisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Sta) under paragraph 1 provided in another Member State, if prior authorisation has been granted.
Amendment 485 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 495 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State of affiliation shall make publicly available the list of hospitals and specialist care services, as well as all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 3.
Amendment 499 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5a (new)
Article 8 – paragraph 5a (new)
5a. With regard to any request for authorisation made by an insured person with a view to receiving healthcare in another Member State, the Member State of affiliation shall ascertain whether the conditions laid down in Regulation (EC) No 883/2004 have been met, and, if so, shall grant prior authorisation pursuant to that Regulation.
Amendment 500 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5b (new)
Article 8 – paragraph 5b (new)
5b. Member States shall specify in advance and in a transparent way the criteria for refusal of the prior authorisation in the context of overriding considerations of general interest.
Amendment 501 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 c (new)
Article 8 – paragraph 5 c (new)
5c. In whatever circumstances, the Member State may refuse to grant prior authorisation if the same treatment can be provided within its own territory within a medically justified time-frame and taking account of the existing state of health of the person concerned and the probable development of that person's illness.
Amendment 511 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement2) and the meeting of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(3), are based on objective, non-discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. In any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation 1408/71 are met.
Amendment 516 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Any such procedural systems shall be easily accessible and capable of ensuring that requests are dealt with objectively and impartially within time limitthresholds set out and made public in advance by the Member States. Requests shall take account of degree of urgency and individual circumstances.
Amendment 519 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 529 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 542 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall ensure that any administrative decisions regarding the use of healthcare in another Member State are subject to administrative review and also capable of being challenged in judicial proceedings, which include provision for interim measures. They shall facilitate the development of an international out-of- court settlement scheme for disputes arising from cross-border healthcare.
Amendment 548 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in anthe provision of healthcare to nationals of other Member States, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in anotherone's own Member State.
Amendment 555 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Member States, with the assistance of the Commission, may, in accordance with the procedure referred to in Article 19(2), develop a standard Community format for the prior information referred to in paragraph 1.
Amendment 566 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The national contact point in the Member State of affiliation shall provide patients who so request with contact details for the national contact points in other Member States.
Amendment 573 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) provide and disseminate information to patients who are nationals of other Member States, at their request, in particular on their rights related to cross- border healthcare and the guarantees of quality and safety, protection of personal data, procedures for complaints and means of redress available for healthcare provided in anotherthat Member State, and on the terms and conditions applicable;
Amendment 583 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) help patients who are nationals of other Member States, at their request, to protect their rights and seek appropriate redress in the event of harm caused by the use of healthcare in anotherthat Member State; the national contact point shall in particular inform patients who are nationals of other Member States, at their request, about the options available to settle any dispute, help to identify the appropriate out-of-court settlement scheme for the specific case and help patients to monitor their dispute where necessary;
Amendment 590 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 595 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory paragraph
Article 12 – paragraph 3 – introductory paragraph
3. The Member States, with support from the Commission, shall, in accordance with the procedure referred to in Article 19(2), adopt:
Amendment 625 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – introduction
Article 14 – paragraph 2 – introduction
2. For facilitating the implementation of paragraph 1, the Member States, with support from the Commission, shall adopt:
Amendment 628 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the prescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, establishing the data necessary for its validity and the language requirement, and supporting interoperability of ePrescriptions and the confidentiality of the patient's data;
Amendment 632 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) measures to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible; where the name of the medicinal product prescribed is an invented name or a trade mark, the international non-proprietary name (INN) shall also be shown;
Amendment 642 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point c a (new)
Article 14 – paragraph 2 – point c a (new)
(ca) measures to establish cases where medicines may be substituted, for example supply problems and emergencies.
Amendment 91 #
2008/0110(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Regulation (EC) No 1774/2002 allows for the feeding of Category 1 material to endangered species of necrophagous birds living in their natural habitat. In order to provide an adequate tool for the preservation of those or other endangered or protected species, that feeding practice should continue to be permitted under this Regulation, in accordance with conditions laid down to prevent the spread of diseases.
Amendment 93 #
2008/0110(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – (i)
Article 2 – paragraph 2 – point a – (i)
(i) which are not suspected of being inaffected withby a disease communicable to humans or animals, except for aquatic animals landed for commercial purposes;
Amendment 96 #
2008/0110(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) egg by-products generated, kept, disposed of or used on the farm of origin;
Amendment 97 #
2008/0110(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(db) small amounts of category 3 by- products produced in retail establishments whose activity is marginal, localised and limited, in accordance with national rules;
Amendment 104 #
2008/0110(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall establish, within their territory, the rules governing the activities, establishments and personnel referred to in paragraph 2(db) of this article. These rules shall be aimed at ensuring compliance with the objectives of this Regulation.
Amendment 105 #
2008/0110(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to Community veterinary legislation having as its objective the control and eradication of animal diseasthe relevant Community rules on human and animal health, including the more restrictive rules laid down for the prevention, control and eradication of certain transmissible spongiform encephalopathies.
Amendment 109 #
2008/0110(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall haveensure the existence of an adequate infrastructure in place on their territory that ensures that animal by-products are
Amendment 110 #
2008/0110(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) provideensure the existence and operation of a system for the collection and disposal of animal by-products, which operates efficiently and which is monitored continuously by the competent authority;
Amendment 111 #
2008/0110(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 112 #
2008/0110(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) the handling or manufacture of by- products other than those referred to in Article 2(3) and excepting the handling or manufacture of petfood and the storage of animal products for incorporation as raw materials into the production of feedingstuffs;
Amendment 117 #
2008/0110(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 118 #
2008/0110(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
Amendment 127 #
2008/0110(COD)
Proposal for a regulation
Article 12 – point f
Article 12 – point f
(f) animals and parts of animals, other than those referred to in Article 11 or 13, that died other than by being slaughtered for human consumption or, in the case of game, that died other than by being killed for human consumption, including animals killed for disease control purposes, and foeti and embryos of ruminants and pigs and dead-in-shell chicken;
Amendment 128 #
2008/0110(COD)
Proposal for a regulation
Article 12 – point f a (new)
Article 12 – point f a (new)
(fa) foeti and embryos of ruminants and pigs and dead-in-shell chicken;
Amendment 143 #
2008/0110(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) the formaminimum content of records to be kept;
Amendment 144 #
2008/0110(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Operators shall ensure that no material suspected or known not to comply with this Regulation leaves the plant, unless destined for disposal, before being reprocessed under the supervision of the competent authority and re-sampled officially in accordance with Articles 11 and 12 of Regulation (EC) No 882/2004.
Amendment 152 #
2008/0110(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Amendment 154 #
2008/0110(COD)
Proposal for a regulation
Article 20 – point e - point ii
Article 20 – point e - point ii
(ii) in the case of manure, digestive tract content separated from the digestive tract, milk, milk-based products and colostrum, and eggs and egg products, which the competent authority does not consider to present a risk for the spread of any serious transmissible disease, following or without prior processing;
Amendment 155 #
2008/0110(COD)
Proposal for a regulation
Article 20 – point f
Article 20 – point f
(f) applied to land without processing, in the case of manure, digestive tract content separated from the digestive tract, milk, milk-based products and colostrums and eggs and egg products, which the competent authority does not consider to present a risk for the spread of any serious transmissible disease;
Amendment 157 #
2008/0110(COD)
Proposal for a regulation
Article 22 – point e – (ii)
Article 22 – point e – (ii)
Amendment 158 #
2008/0110(COD)
Proposal for a regulation
Article 22 – point e a (new)
Article 22 – point e a (new)
(ea) used for petfood, in the case of category 3 material and subject to approval by the competent authority;
Amendment 165 #
2008/0110(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority may authorise, by way of derogation from Sections 1 and 2, and in accordance with conditions laid down pursuant to paragraph 3 of this Article, the feeding of the Category 1 material referred to in Article 11(b)(ii) to zoo animals and to endangered or protected species of necrophagous birds living in their natural habitat.
Amendment 167 #
2008/0110(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point b – (i)
Article 27 – paragraph 3 – point b – (i)
(i) the species of necrophagous birds in certain Member States to which such material may be fed;
Amendment 168 #
2008/0110(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point b – (ii)
Article 27 – paragraph 3 – point b – (ii)
Amendment 170 #
2008/0110(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point b – (ii) a (new)
Article 27 – paragraph 3 – point b – (ii) a (new)
(iia) the conditions required to avoid risks to human and animal health.
Amendment 172 #
2008/0110(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The size of the remote areas in a particular Member State referred to in paragraph 1(b) may not exceed a percentage of the sizeto be determined ofn the surface of its land territorybasis of geographical criteria and the area's livestock headcount.
Amendment 175 #
2008/0110(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
Amendment 176 #
2008/0110(COD)
Proposal for a regulation
Article 29 – paragraph 11 a (new)
Article 29 – paragraph 11 a (new)
11a. Without prejudice to the provisions of this article, methods which do not represent a change in processing methods but a change in the parameters for authorised methods shall be subject to national authorisation by the Member State.
Amendment 179 #
2008/0110(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where an operator intends to dispatchreceive Category 1 material, Category 2 material or meat and bone meal or animal fat derived from Category 1 material tofrom another Member State, he shall notify the competent authority of thein his Member State of destination shall decide upon application by the operatorwhich shall decide:
Amendment 180 #
2008/0110(COD)
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 2
Article 33 – paragraph 2 – subparagraph 2
Amendment 220 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
f) ‘ingredient’ means any substance, including food additives and food enzymes, and any constituingredient of a compound ingredient, used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form; residues shall not be considered as ingredients;
Amendment 233 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point s
Article 2 – paragraph 2 – point s
s) ‘date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored and after which the product may not be placed on sale;
Amendment 267 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Food business operators placing on the market for the first time a food intended for supply to the final consumer or mass caterer shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.
Amendment 294 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point l
Article 9 – paragraph 1 – point l
l) a nutrition declarationlabel.
Amendment 295 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point l a (new)
Article 9 – paragraph 1 – point l a (new)
la) the batch to which the product belongs
Amendment 341 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background. These mandatory particulars must also be printed in Braille so that they can be read by the blind.
Amendment 358 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The particulars listed in Article 9(1) (a), (e), (f) and (k) shall appear in the same field of vision.
Amendment 365 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.
Amendment 367 #
2008/0028(COD)
Proposal for a regulation
Article 15 – points (a) and (b)
Article 15 – points (a) and (b)
(a) mandatory food information shall be available before the purchase is concluded and at the time of delivery and shall appear on the material supporting the distance selling or be provided through other appropriate means; (b) the particulars provided in Article 9(1) points (d), (f), (g), (h) and (k) shall be mandatory only at the moment of delivery.
Amendment 406 #
2008/0028(COD)
Proposal for a regulation
Article 20 – point (e)
Article 20 – point (e)
(e) Categories of wines as defined in Council Regulation (EC) No 1493/1999, beer,479/2008, products as defined in Council Regulation (EEC) 1601/91 and similar products obtained from fruits other than grapes, beers and spirit drinks as defined in Article 2(1) of Regulation (EC) No. […] of […] 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protec; it is proposed that the wording should be changed once the regulations of geographical indicn the common organisations of spirit drinks and repealing Council Regulation (EEC) No 1576/89the market in wine and spirit drinks have been adopted. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3);
Amendment 441 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph – subparagraph 1 – point (b)
Article 29 – paragraph – subparagraph 1 – point (b)
(b) the amounts of fat, trans fats, saturates, carbohydrates with specific reference to sugars, and salt.
Amendment 479 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 2 – letter (a)
Article 29 – paragraph 2 – letter (a)
Amendment 575 #
2008/0028(COD)
Proposal for a regulation
Article 34 - paragraph 4 - subparagraph 1a
Article 34 - paragraph 4 - subparagraph 1a
The Commission shall adopt implementing rules to establish criteria to determine when values or nutrients are negligible. These measures, which are designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 87 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 7a (new)
Recital 7a (new)
(7a) Each of the different components of capture, transport and storage of CO2 has been the object of demonstration projects on a smaller scale than that required for their industrial application. However, they still need to be integrated into a complete CCS process, and technological costs need to be reduced. The main projects for CO2 storage which include the participation of European enterprises are the Sleipner project in the North Sea (Statoil) and the In Salah project in Algeria (Statoil, BP and Sonatrach). The large-scale pilot projects under way are the Schwartze Pumpe project in Germany (Vattenfall), the CCS project in the Lacq basin in France (Total), and the El Bierzo project in Spain (CIUDEN).
Amendment 190 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 16
Article 3 - point 16
(16) 'significant irregularity' means any irregularity in the injection or storage operations or, in the condition of the site itself, which impli or in the performance of the storage complex that materially increases the risk of a leakage;
Amendment 318 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States shall ensure that the operator carries out monitoring of the injection facilities, the storage complex (including where possible, especially the CO2 plume), and where appropriate the surrounding environment for the purpose of:
Amendment 324 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) assessing whether the stored CO2 will be completely contained forupdating the assessment of the safety and integrity of the storage site in the short and long term based on quantitative assessment criteria to be determined in the guindeflinite futurees referred to in Article 4(3).
Amendment 328 #
2008/0015(COD)
Proposal for a directive – amending act
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Routine inspections shall be carried out at least every year in the first ten years after the injection has started and thereafter as often as deemed necessary by the competent authority. They shall examine the relevant injection and monitoring facilities as well as the full range of relevant environmental effects from the storage complex.
Amendment 329 #
2008/0015(COD)
Proposal for a directive – amending act
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that in case of significant irregularities or leakages that could have a negative impact on human health or the environment, as defined by the criteria to be determined in the guidelines referred to in Article 4(3), the operator immediately notifies the competent authority and takes the necessary corrective measures.
Amendment 423 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – Step 1 – introductory sentence
Annex I – Step 1 – introductory sentence
Sufficient data shall be accumulated to construct a volumetric and dynamic three-dimensional (3- D)- earth model for the storage site and storage complex including the caprock, and the surrounding area including the hydraulically connected areas, and sufficient data for generating the corresponding future evolution scenarios for the site. This data shall cover at least the following intrinsic complex characteristics:
Amendment 74 #
2008/0014(COD)
Proposal for a decision
Article 1
Article 1
This Decision lays down rules on the determination of the contribution of Member StatesMember States' contributions as well as the rules for determining them, to meeting the greenhouse gas emission reduction commitment of the Community and its Member States from 2013 to 2020, for anthropogenic net greenhouse gas emissions and removals from sources and gases not covered under Directive 2003/87/EC, and for the evaluation thereof.
Amendment 79 #
2008/0014(COD)
Proposal for a decision
Article 2 – paragraph 2
Article 2 – paragraph 2
In addition,‘anthropogenic net greenhouse gas emissions’ means the emission of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) from sources and sinks, expressed in terms of carbon dioxide equivalent, as determined pursuant to Directive 2003/87/EC.
Amendment 81 #
2008/0014(COD)
Proposal for a decision
Article 3 – title
Article 3 – title
GHG Emission levels for the period 2013 to2020 to 2020
Amendment 90 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Until a future international agreement on climate change has been concluded by the Community leading to emission reductions exceeding those required pursuant to this Article, each Member State shall, by 2020, limit its anthropogenic greenhouse gas emissions from sourcand removals from sources, sinks and gases not covered under Directive 2003/87/EC by the percentage set for that Member State in the Annex to this Decision in relation to its emissions in the year 2005.
Amendment 96 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
2. Subject to paragraph 3 and Article 4, each Member State shallould ensure that its total anthropogenic net greenhouse gas emissions in 2013 from sources and sinks not covered under Directive 2003/87/EC do not exceed the average annual greenhouse gas emissions of that Member State from those sources and sinks during the years 2008, 2009 and 2010, as reported and verified pursuant to Directive 2003/87/EC and Decision 280/2004/EC.
Amendment 99 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Subject to paragraph 3 and Article 4, each Member State shall annuallyin 2016 limit those anthropogenic net greenhouse gas emissions in a linear manner to ensure that those emissions do not exceed the maximum level for that Member State in 2020 as specified in the Annex.
Amendment 125 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Certified Emission Reductions (CERs), temporary Certified Emission Reductions (tCERs), long term Certified Emissions Reductions (lCERs ) and Emission Reduction Units (ERUs) issued in respect of emission reductions until 31 December 2012 from project types which were accepted by all Member States pursuant to Directive 2003/87/EC during the period 2008 to 2012.
Amendment 139 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Member States shallould ensure that their policies for purchasing these credits enhance the equitable geographical distribution of projects and the achievement of an international agreement on climate change.
Amendment 142 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Once a future international agreement on climate change has been reached, Member States may only use CERs, tCERs,ICERs and ERUs from third countries which have ratified that agreement.
Amendment 146 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 36% of the greenhouse gas emissions of that Member State not covered under Directive 2003/87/EC in the year 2005.
Amendment 230 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point (b)
Article 1 – point 2 – point (b)
Directive 2003/87/EC
Article 3 – point (h)
Article 3 – point (h)
Amendment 257 #
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 [(v)] (new)
Article 3 – point [(v)] (new)
[(v)] 'temporary certified emission reduction' or 'tCER' means a unit issued from afforestation or reforestation project activities which will expire at the end of the commitment period following the one during which it was issued pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the Kyoto Protocol;
Amendment 286 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
The Commission shall review the linear factor no later than 20250.
Amendment 382 #
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 1
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 557 #
2008/0013(COD)
Proposal for a regulation – 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
At the latest by 30 June1 December 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
Amendment 599 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - introduction
Article 10b - introduction
Not later than June 20110, 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. This shall be accompanied by any appropriate proposals, which may include:
Amendment 633 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 2
Article 11a - paragraph 2
2. Operators may request the competent authority, to the extent that the levels of CER/ERU use allowed to them by Member States for the period 2008 to 2012 have not been used up, to issue allowances to them valid from 2013 onwards in exchange for CERs and ERUs issued in respect of emission reductions up until 2012 from projects types which were accepted by all Member States in the Community scheme during the period 2008 to 2012. Until 31 December 2014, the competent authority shall make such an exchange on request.
Amendment 640 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 3 - subparagraph 1
Article 11a - paragraph 3 - subparagraph 1
To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up, competent authorities shall allow operators to exchange CERs from projects that were establishregistered before 2013 issued in respect of emission reductions from 2013 onwards for allowances valid from 2013 onwards.
Amendment 642 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 3 - subparagraph 2
Article 11a - paragraph 3 - subparagraph 2
Amendment 650 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 4 - subparagraph 2
Article 11a - paragraph 4 - subparagraph 2
Amendment 656 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 4 a (new)
Article 11a - paragraph 4 a (new)
4a. An operator that has used a tCER shall surrender a CER, tCER, ERU, or allowance at least 30 days before the tCER expires to cover the emissions which had been covered by the expired tCER. If the operator has not replaced any tCERs it has used to cover its emissions by the time they expire, the operator shall be held liable for payment of the excess emissions penalty in accordance with Article 16.
Amendment 664 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 6 a (new)
Article 11a - paragraph 6 a (new)
6a. Notwithstanding paragraphs 2 to 5, operators may request the competent authority each year to issue a minimum amount of allowances valid from 2013 onwards in exchange for CERs and ERUs equal to 10 per cent of their verified emissions in the previous year.
Amendment 680 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 12
Article 1 - point 12
Directive 2003/87/EC
Article 14 - paragraph 2 a (new)
Article 14 - paragraph 2 a (new)
2a. The Regulation for the monitoring and reporting of emissions shall be adopted by 31 December 2011.
Amendment 683 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 13 - point b
Article 1 - point 13 - point b
Directive 2003/87/EC
Article 15 - new paragraph 1
Article 15 - new paragraph 1
The Commission shall adopt a Regulation for the verification of emission reports and the accreditation of verifiers specifying conditions for the accreditation, mutual recognition and withdrawal of accreditation for verifiers, and for supervision and peer evaluation as appropriate. This Regulation shall be adopted by 31 December 2011.
Amendment 691 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 17
Article 1 - point 17
Directive 2003/87/EC
Article 22 - paragraph 1- subparagraph 1
Article 22 - paragraph 1- subparagraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I and Annex IIa, in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
Amendment 726 #
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 800 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I - point 3 - point (c) - point (ii)
Annex I - point 3 - point (c) - point (ii)
Directive 2003/87/EC
Annex I - table - category 3 - paragraph 3
Annex I - table - category 3 - paragraph 3
(ii) in the third paragraph the following terms are deleted: “, and/or with a kiln capacity exceeding 4 m³ and with a setting density per kiln exceeding 300 kg/m³;/or ”
Amendment 809 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I - point 4
Annex I - point 4
Directive 2003/87/EC
Annex I - table - new category 2
Annex I - table - new category 2
Capture, transport and geological storage of greenhouse gas emissionscarbon dioxide Installations to capture greenhouse gases All greenhouse gases listed in Annex II carbon dioxide for Carbon dioxide for the purpose of transport and geological storage in a storage site permitted under Directive xxxx/xx/EC Pipelines for the transport of greenhousecarbon All greenhouse gases listed in Annex II gasesCarbon dioxide dioxide for geological storage in a storage site permitted under Directive xxxx/xx/EC Storage sites for the geological storage of All greenhouse gases listed in Annex II greenhouse gasesCarbon dioxide carbon dioxide permitted under Directive xxxx/xx/EC
Amendment 25 #
2007/0297(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The aim of this Regulation is to create incentives for the car industry to invest in new technologies. The Regulation actively promotes eco-innovation and takes into account future technological developments. In this way, the competitiveness of the European Industry is enhanced and more high-quality jobs created. The Commission may consider the possibility of including eco-innovation measures in the review of test procedures pursuant to Article 14(3) of Regulation (EC) No 715/2007, taking into consideration technical and economic impacts.
Amendment 42 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costs on a realistic and feasible basis. The amounts of the excess emissions premium should be considered as revenue for the budget of the European Union and used to increase support for CO2 reduction research and innovation activities in the automotive sector.
Amendment 63 #
2007/0297(COD)
Proposal for a regulation
Article 1
Article 1
Subject matter and, objectives and targets This Regulation establishes CO2 emission performance requirements for new passenger cars in order to ensure proper functioning of the internal market and achieve the EU's overall objective that the average new car fleet should achieve CO2 emissions of 120 g CO2/km. The Regulation sets the average CO2 emissions for new passenger cars at 130 g CO2/km by means of improvement in vehicle motor technology as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures. This Regulation will be complemented by additional measures corresponding to 10 g/km as part of the Community's integrated approach. The Commission shall make a proposal in 2014 to the European Parliament and the Council on mid and long term targets based on an impact assessment.
Amendment 13 #
2007/0224(CNS)
Proposal for a regulation
Article 6
Article 6
The use of bottom gears at depths beyond 1 000 m of depthin areas containing vulnerable deep sea ecosystems shall be prohibited.
Amendment 24 #
2007/0064(COD)
Proposal for a regulation
Recital 22
Recital 22
It is therefore appropriate for the Community to provide for procedures to set reference points for control action at concentrations of the residues for which scientific advice indicates that consumer exposure is negligible and laboratory analysis is technically feasible in order to facilitate intra-Community trade and imports, without undermining a high level of human-health protection in the Community. However, the setting of reference points for control action should in no way precondone the illegal use of non-authorised substances to treat food-producing animals. Therefore, any residues of those substances in food are in fact undesirable.
Amendment 25 #
2007/0064(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part and point (a)
Article 1 – paragraph 1 – introductory part and point (a)
1. TFor the purpose of ensuring food safety, this Regulation lays down rules and procedures in order to establish the following: (a) the maximum concentration of a residue of a pharmacologically active substance contained in a veterinary medicinal product or in a biocide product used in animal-rearing, which may be permitted in food of animal origin ("maximum residue limit");
Amendment 28 #
2007/0064(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point (b)
Article 1 – paragraph 1 – point (b)
(b) the tolerance level of a residue of a pharmacologically active substance below which human exposure to that residue through food containing the substance is considered negligible, established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation ("reference points for action").
Amendment 34 #
2007/0064(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 38 #
2007/0064(COD)
Proposal for a regulation
Article 5
Article 5
With a view to ensuring the availability of authorised veterinary medicinal products for conditions affecting food-producing species, the CommitteeAgency (bearing constantly in mind the need to provide a high level of public-health protection) shall, when carrying out scientific risk assessments and when drawing up risk management recommendations, consider: (a) using maximum residue limits established for a pharmacologically active substance in a particular foodstuff or for another foodstuff derived from the same species, or in one or more species for other species. (b) using maximum residue limits established for a pharmacologically active substance in one or more species for other species, or (c) using maximum residue limits established for a pharmacologically active substance in a given foodstuff derived from one species for another foodstuff derived from other species.
Amendment 39 #
2007/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Once it has consulted the Agency, the Commission shall lay down rules on the use of a maximum residue limit relating to a given foodstuff in another foodstuff of the same species, or to one or more species in other species. Those rules shall specify how and in what circumstances the scientific data relating to residues in a given foodstuff or in one or more species may be used for the purpose of establishing a maximum residue limit in other foodstuffs or other species. The measures intended to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 20(3).
Amendment 43 #
2007/0064(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point (b)
Article 6 – paragraph 2 – point (b)
(b) the risk of unintended toxicological, pharmacological or microbiological effects in human beings;
Amendment 46 #
2007/0064(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. If the metabolism and depletion of the substance cannot be assessed and the use of the substance is designed to promote animal health and welfarehealth, the scientific risk assessment may take into account monitoring data or exposure data.
Amendment 48 #
2007/0064(COD)
Proposal for a regulation
Article 7 – point (b)
Article 7 – point (b)
(b) other legitimate factors such as the technological aspects of food and animal- feed production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products and the likelihood of misuse or illegal use;
Amendment 53 #
2007/0064(COD)
Proposal for a regulation
Article 9 –- paragraph 1
Article 9 –- paragraph 1
1. For substances not intendThe Commission or Member States may forward to the Agency requests for an opinion on maximum residue limits for pharmacologically active substances in one of the following circumstances: (a) the substance in question is authorised for use in a veterinary medicinal products to be placed on the market in the Community and where no application for such in a third country and no application in respect of that substances has been masubmitted pursuant to Article 3, or (b) the substance in question is included in accordance with Article 3, the Commission or Member States may forward to the Agency requests for an opinion on maximum residue limits medicinal product intended to be used pursuant to Article 11 of Directive 2001/82/EC but no application in respect of that substance has been submitted pursuant to Article 3, or (c) the substance in question is included in a biocide product used in animal- rearing and a maximum residue limit must be established pursuant to Article 10(2)(ii)(b) of Directive 98/8/EC. 2. Articles 4 to 87 shall apply. The applications for an opinion which are referred to in paragraph 1 of this Article shall comply with the format and content requirements laid down by the Commission pursuant to Article 12(1).
Amendment 58 #
2007/0064(COD)
Proposal for a regulation
Article 10
Article 10
Where the Commission, the applicant underany person who has submitted an application for an opinion pursuant to Article 3, or a Member State under Article 9, as a result of new information, considers that a review of an opinion is necessary in order to protect human or animal health, it may request the Agency to issue a new opinion on the substances in question. That request shall be accompanied by information explaining the issue to be addressed. Article 8(2) andto (4) or Article 9(2) and (3) respectively shall apply to the new opinion.
Amendment 61 #
2007/0064(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall, in consultation with the Agency, adopt rules on the use of a maximum residue level of a particular foodstuff for another foodstuff of the same species, or of one or more species for other species as referred to in Article 5. Those rules shall specify how and under what circumstances scientific data on residues in a particular foodstuff or in a species or more species may be used for setting a maximum residue limit in other foodstuffs, or other species. Thos, pursuant to Article 5(1a), the measures, designed to amend non- essential elements of this Regulation by supplementing it, shall be adopted in accordance withpursuant to the regulatory procedure with scrutiny referred to in Article 20(3).
Amendment 64 #
2007/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point (c)
Article 13 – paragraph 2 – point (c)
(c) the absence of the need to establish a maximum residue limit;
Amendment 66 #
2007/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10 or pursuant to a vote by the Community in favour of the establishmentthe adoption by the Commission (if there are no objections from the Community) of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product in the Codex Alimentarius. In the latter case an additional assessment by the Agency is not required.
Amendment 75 #
2007/0064(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Accelerated procedure for an Agency opinion In specific cases where a veterinary medicinal product or a biocide product needs to be authorised as a matter of urgency for reasons relating to the protection of public health or of animal health or welfare, the Commission, any person who has requested an opinion pursuant to Article 3 or a Member State may ask the Agency to carry out an accelerated procedure for the assessment of the maximum residue limit of a pharmacologically active substance contained in those products. The format and the content of the application shall be laid down by the Commission pursuant to the provisions of Article 12(1). Despite what is stated in Article 9(2) and in Article 8(2), the Agency shall ensure that the Committee is able to issue its opinion within 150 days following receipt of the application.
Amendment 77 #
2007/0064(COD)
Proposal for a regulation
Article 14 - paragraph 1
Article 14 - paragraph 1
1. For the purpose of the classification provided for in Article 13, the Commission shall prepare a draft Regulation within 30 days after receipt of the Agency's opinion referred to in Articles 4, 9(1) or 10. The Commission shall also prepare a draft Regulation within 30 days after receipt of the result of a vote by the Community in favour of the establishment of a maximum residue limit in the Codex Alimentarius as referred to in Article 13(3). Where the draft Regulation is not in accordance with the opinion of the Agency, the Commission shall provide a detailed explanation of the reasons for the differencesthe adoption of a maximum residue limit without objections from the Community, and the adoption by the Commission of the Codex Alimentarius as referred to in Article 13(3).
Amendment 78 #
2007/0064(COD)
Proposal for a regulation
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. Where the Agency has been asked for its opinion and the draft Regulation is not in accordance with that opinion, the Commission shall provide a detailed explanation of the reasons for the differences.
Amendment 80 #
2007/0064(COD)
Proposal for a regulation
Article 14 - paragraph 2 a (new)
Article 14 - paragraph 2 a (new)
2a. The Regulation referred to in paragraph 1 shall be adopted by the Commission in accordance with, and within 30 days after the end of, the regulatory procedure referred to in Article 20(2).
Amendment 81 #
2007/0064(COD)
Proposal for a regulation
Article 14 - paragraph 2 b (new)
Article 14 - paragraph 2 b (new)
2b. In the case of the accelerated procedure referred to in Article 13a, the Commission shall adopt the Regulation mentioned in paragraph 1 within 15 days of the conclusion of the regulatory procedure referred to in Article 20(2).
Amendment 82 #
2007/0064(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 85 #
2007/0064(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 93 #
2007/0064(COD)
Proposal for a regulation
Article 17 - paragraph 1 - subparagraph 3
Article 17 - paragraph 1 - subparagraph 3
The reference points for action shall be reviewed regularly in the light of technological and scientific progress.
Amendment 95 #
2007/0064(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 269 #
2006/0136(COD)
Article 36 – paragraph 3
3. By way of derogation from paragraph 2 and subject to Community law, appropriate conditions may be imposed with respect to the requirements referred to in points (a) and (b) of Article 31(3) and other risk mitigation measures deriving from specific conditions of use. Where the concerns of a Member State related to human or animal health or the environment cannot be controlled by the establishment of national risk mitigation measures referred to in the first subparagraph, a Member State may as a last resort refuse authorisation of the plant protection product in its territory if, due to its very specific environmental or agricultural circumstances, it has substantiated reasons to consider that the product in question poses a serious risk to human or animal health or the environment. It shall immediately inform the applicant and the Commission of its decision and provide a technical or scientific justification therefor. Member States shall provide for a possibility to challenge the decision refusing the authorisation of such product before the national courts or other instances of appeal.
Amendment 163 #
2005/0281(COD)
Article 14 – paragraph 1 – subparagraph 2
By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect the environment or their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006.
Amendment 193 #
2005/0281(COD)
Article 19 – paragraph 2
The Commission shall carry out an assessment on thesubmit a legislative proposal for the environmentally sound management of bio- waste with a view to submitting a proposal if appropriate.
Amendment 228 #
2005/0281(COD)
Article 35
1. The Commission may develop guidelines for the interpretation of the definitions of recovery and disposal in points (14) and (18) of Article 3. If necessary. 1a. In accordance with Article 20(4), the application of thea formula for incineration facilities referred to in Annex II, R1,establishing minimum energy efficiency requirements for incineration facilities shall be specified. Local climatic conditions may be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the fourth subparagraph of Article 299(2) of the Treaty and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account. This measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). 2. The Annexes may be amended in the light of scientific and technical progress. These measures, insofar as they are designed to amend non- essential elements of this Directive, shallmay be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). Or. en (New text in Council Common Position)
Amendment 236 #
2005/0281(COD)
Annex II – point R 1