1164 Amendments of Bogusław LIBERADZKI
Amendment 201 #
2023/0271(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Similarly with ENIM, the role of the Railway Undertakings and Applicants should be strengthened and a new structure established under “the European Railway Undertaking Platform (“ERUP”)
Amendment 210 #
2023/0271(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission should be able to rely on independent experts who have solid knowledge of the whole railway sector in the form of a Performance Review Body. This body should be able to provide independent expert advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 233 #
2023/0271(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point g a (new)
Article 2 – paragraph 3 – point g a (new)
(ga) (h) identify bottlenecks of infrastructure and submit proposal of elimination.
Amendment 245 #
2023/0271(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, association of applicants, infrastructure manager, rail service facility operator, provider of rail- related services and any other entity directly involved in operating a rail transport service;
Amendment 257 #
2023/0271(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop, consult with ERUP prior to the adoption and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 268 #
2023/0271(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The infrastructure manager mayshall set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They shall be specified in the network statement as referred to in point (1)(b) of Annex IV. They may only include the provision of a financial guarantee that shall not exceed an appropriate level which shall be proportional to the contemplated level of activity of the applicant, and assurance of the capability to prepare compliant bids for infrastructure capacity.
Amendment 271 #
2023/0271(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity.
Amendment 283 #
2023/0271(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop and consult with ERUP the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 290 #
2023/0271(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The member state shall provide the infrastructure manager with stable and timely announced multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least 5 years. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 295 #
2023/0271(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned. Multiannual funding provided by the member state to the infrastructure manager shall support the goal of establishing this balance. Applicants shall timely provide the infrastructure manager with the information required for the infrastructure manager’s compliance with this provision.
Amendment 307 #
2023/0271(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in collaboration with ERUP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.
Amendment 340 #
2023/0271(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, ERUP customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement. The stakeholder involvement shall include the possibility for operational stakeholders to give input to the study and to make an independent comment on the result.
Amendment 371 #
2023/0271(COD)
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM in consultation with ERUP shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 379 #
2023/0271(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM in consultation with ERUP shall develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 381 #
2023/0271(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine- readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM, following consultation with ERUP shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.
Amendment 385 #
2023/0271(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) the results of strategic capacity planning carried out in accordance with this section indicate that the capacity needs expressed during the strategic capacity planning phases exceed the capacity available for allocation during a given working timetable period; Infrastructure managers may declare without delay an element of infrastructure either to be highly utilised or to be congested if the following condition is met:
Amendment 387 #
2023/0271(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Infrastructure managers shall take into account the results of any capacity analysis carried out in neighbouring and potentially affected countries in pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.
Amendment 408 #
2023/0271(COD)
Proposal for a regulation
Article 27 – paragraph 6 – subparagraph 1
Article 27 – paragraph 6 – subparagraph 1
The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERUP define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 420 #
2023/0271(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM in consultation with ERUP shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 461 #
2023/0271(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
Amendment 468 #
2023/0271(COD)
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM in consultation with ERUP shall prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 474 #
2023/0271(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 482 #
2023/0271(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB and ERUP, ENIM shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 536 #
2023/0271(COD)
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a The Commission shall set up within 12 months after entry into force of the Regulation a further advisory group, European Railway Undertaking Platform (“ERUP”), made up of railway undertakings and authorised applicants. This advisory group may issue opinions on any proposal by ENIM which has direct consequences for these undertakings. It may also issue own- initiative opinions. ENIM shall consider such consolidated opinions as long as these are provided in due time.
Amendment 538 #
2023/0271(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. ENIM shall prepare, adopt and implement guidelines to ensure appropriate and regular consultation of interested parties and include them in the European framework for capacity management referred to in Article 6, the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50. The process shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points of infrastructure managers referred to in Article 60 and, to the extend relevant, the entities defined at the most appropriate geographical level referred to in Article 53 (2b).
Amendment 551 #
2023/0271(COD)
Proposal for a regulation
Article 55 – paragraph 8 a (new)
Article 55 – paragraph 8 a (new)
8a. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 552 #
2023/0271(COD)
Proposal for a regulation
Article 55 – paragraph 8 b (new)
Article 55 – paragraph 8 b (new)
8b. Rail infrastructure managers and allocation bodies of third countries which are responsible for lines that form part of the core and extended core TEN-T network shall be allowed to join ENIM.
Amendment 553 #
2023/0271(COD)
Proposal for a regulation
Article 55 – paragraph 8 c (new)
Article 55 – paragraph 8 c (new)
8c. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 561 #
2023/0271(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, t, which are responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation, shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the functions of the network coordinator will be executed by an association of IMs in Europe responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation. They shall appoint by [126 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the entity appointed as Network Coordinator with consent of the Commission.
Amendment 577 #
2023/0271(COD)
Proposal for a regulation
Article 62 – paragraph 2 – point c a (new)
Article 62 – paragraph 2 – point c a (new)
(ca) (d) synchronised with existing RINF and RINF developments
Amendment 582 #
2023/0271(COD)
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. To comply with Article 62(1) to (5), public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings must be sufficient to ensure a timely, cross-border harmonized and interoperable implementation of digital tools and services.
Amendment 616 #
2023/0271(COD)
Proposal for a regulation
Annex I – point 1 – table
Annex I – point 1 – table
Deliverable Contents Capacity strategy – Planned development of physical infrastructure, including (Article 16) new construction, upgrades, renewals and closures /decommissioning; – Forecasted development of demand for rail transport services; – Strategic guidance on capacity utilisation by Member States, including an outlook on the evolution on public service obligations; – Capacity allocated in framework agreements and capacity required to provide transport services under public service contracts; – Infrastructure declared highly utilised or congested; – Major capacity restrictions resulting from infrastructure works. Capacity model – All information included in the capacity strategy, where (Article 17) relevant updated and further detailed – Volume of capacity available to applicants by rail transport market segment and/or by and/or by allocation process, including safeguarded capacity for later requests and capacity assigned by Framework Agreements – Volume of capacity required for infrastructure works by impact on traffic (categories) – Geographical scope: at least the lines included in the TEN- T core and extended core network – Geographical detail: breakdown in appropriate planning sections reflecting infrastructure and demand characteristics – Temporal scope: one working timetable period – Temporal detail: at least annual overview (capacity restrictions) and one or more representative day/days (capacity available for requests) Capacity supply plan – All information included in the capacity model, where (Article 18) relevant updated further detailed – Prep-planned capacity available for requests, defined in the form of capacity objects – Capacity restrictions, defined in the form of capacity objects – Alternative capacity available during capacity restrictions – Alternative capacity available in the event of network disruptions
Amendment 617 #
2023/0271(COD)
Proposal for a regulation
Annex I – point 2 – point 1 – paragraph 3 – table
Annex I – point 2 – point 1 – paragraph 3 – table
Deliverable Milestone Deadline (at latest) Capacity strategy PublicInitiation of the first elements of the capacity strategy process X–60 (Article 16) capacity strategy preparation First consultation of stakeholders X–58 Publication of the draft strategy and second X–38 consultation of stakeholders Publication of final capacity strategy following X–36 final coordination between infrastructure managers Capacity model Start of preparation X–36 (Article 17) Consultation of applicants and operational X–24 stakeholders Coordination between infrastructure X-22 managers and operation participants and feasibility assessments for provided capacity needs that might not be fully considered in the draft Capacity model Publication of draft capacity model and start X–21 X–21 of the second consultation with the applicants and operation participants Coordination with applicants and operational X–19 stakeholders Publication of final capacity model following X–18 final coordination between infrastructure managers Capacity supply plan Start of preparation X–18 (Article 18) Consultation of applicants and operational X–14 stakeholders RB shall analyse the draft capacity supply X-14 to X-13 plan and may take a decision requiring the infrastructure manager to amend the capacity supply plan Publication of capacity restrictions referred to X–12 in point (1) of section (3) of this Annex Publication of final capacity supply plan X–11 following final coordination between infrastructure managers Update of capacity supply plan for late X-6.5 requests Publication of capacity restrictions referred to X–4 in point (5) of section (3) of this Annex Re-purposing of capacity reserved for X–2 allocation through the working timetable for other allocation processes Update of capacity supply plan to reflect any Until X+12 without changes to pre-planned or allocated capacity delay Note: (1) ‘X–m’ means ‘m’ months before the date of entry into force of the working timetable (‘X’), in accordance with section 4.
Amendment 626 #
2023/0271(COD)
Proposal for a regulation
Annex I – point 8 – point 1
Annex I – point 8 – point 1
Amendment 25 #
2023/0052(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive (EU) 2015/413 facilitates the cross-border exchange of information on road-safety-related traffic offences and thereby lowers the impunity of non- resident offenders. An effective cross- border investigation and enforcement of road-safety-related traffic offences improves road safety as it encourages non- resident drivers to commit fewer offences and drive more safely. 1a. An understanding of the high probability of an unavoidable penalty is necessary for the reduction of road traffic hazards. Knowledge of the rules in force in the various Member States promotes road safety and a reduction in traffic offences.
Amendment 26 #
2023/0052(COD)
Proposal for a directive
Recital 1
Recital 1
(1) This Directive (EU) 2015/413aims to ensure a high level of protection for all road users in the Union by facilitatesing the cross- border exchange of information on road- safety- related traffic offences and thereby lowers the impunity of non- resident offenders. An effective cross- border investigation and enforcement of road-safety-related traffic offences improves road safety as it encourages non-resident drivers to commit fewer offences and drive more safelyoffences related to vehicle access regulations, and thereby facilitate the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State in which the offence took place.
Amendment 32 #
2023/0052(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The responsibilities and competences of national contact points should be defined to ensure that they seamlessly cooperate with other authorities involved in the investigation of the road- safety-related traffic offences which fall within the scope of this Directive. National contact points should always be available for such authorities and answer their requests within reasonable timeout undue delay. This should be the case regardless of the nature of the offence or the legal status of the authority, and in particular regardless of whether the authority has national or subnational or local competence.
Amendment 52 #
2023/0052(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should provide proportionate financial support to initiatives which improve the cross-border cooperation in the enforcement of road- safety-related traffic rules in the Union. Financial support should also cover information campaigns throughout the Union on differences in national legislation, with a particular focus on neighbouring countries.
Amendment 67 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) not keeping sufficienta safe distance from the vehicle in front;
Amendment 70 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) use ofdriving an overloaded vehicle.’;
Amendment 20 #
2023/0042(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Communication on the “European Green Deal”, adopted by the Commission on 11 December 201910 . The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens and the Russia's invasion of Ukraine including rebuilding of Ukraine after war. __________________ 10 Commission Communication of 11 December 2019 on the European Green Deal, COM(2019) 640 final.
Amendment 29 #
2023/0042(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 346 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities. Complementing existing high speed lines with passenger lines at a minimum line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high-performance network will also facilitatencourage the development and introduction of new or differentand improved models of capacity allocation, for example interval- service timetables and short-term ad hoc allocation, enabled by the Timetable Redesign (TTR) initiative.
Amendment 362 #
2021/0420(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. Synchronised means a coordinated approach in time and place between infrastructure roll out and the roll out of on-board units of trains. This will enable cross-border operations with ERTMS only and boost operational harmonisation and the business case of railway undertakings.
Amendment 371 #
2021/0420(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) ERTMS deployment , trackside and on board, should be fully publicly funded in order to incentivise ambitious ERTMS deployment strategies in the Member States and reach in a reasonable time the system benefits that ERTMS can bring.
Amendment 372 #
2021/0420(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) While the European Coordinator for ERTMS in close collaboration with national entities should facilitate and promote ERTMS governance ensuring the timely and harmonised deployment, including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition, European Climate, Infrastructure and Environment Executive Agency (CINEA)should ensure coherence and consistency in ERTMS deployment and funding taking into account the advice of the European Union Agency for Railways that remains the system authority for ERTMS development.
Amendment 519 #
2021/0420(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) Taking into account the considerable costs for the completion of the TEN-T, other sources of co-funding must be available, including Recovery and Resilience Facility, Cohesion Fund, European Regional Development Fund, Horizon Europe and European Structural, Investment Funds as well as Emissions Trading System(ETS). National Funds are key in ensuring the timely completion of TEN-T. Each Funding Programme shall clearly prioritize its financing objectives.
Amendment 522 #
2021/0420(COD)
Proposal for a regulation
Recital 81 b (new)
Recital 81 b (new)
(81b) The energy efficiency first principle must guide Member States in determining the use of revenues generated from the auctioning of allowances in the new ETS for road transport. This energy- efficiency first principle should be applied in prioritising transport infrastructure development and ETS revenues to be used for infrastructure investments with a clear benefit on environmental and social effects.
Amendment 524 #
2021/0420(COD)
Proposal for a regulation
Recital 81 c (new)
Recital 81 c (new)
(81c) Rail passenger services should become a more attractive option for longer-distance journeys and rail high speed services have proven in many European countries their attractiveness. While being easier to use and 15 times more energy efficient, high-speed rail services are superior in terms of duration, convenience and comfort of traveling, up to distances of 1200 km versus other modes of transport. The European distances are particularly suitable to this mode of transport and most EU Capitals, major cities and metropolitan areas could be interconnected thanks to high speed. However, the current European network is fragmented and mainly made up of “national high-speed islands” and there is an urgent need to develop a EU High- Speed Network with a larger number of connections between all EU Capitals, major cities and metropolitan areas. This is vital to reach the objective of the Sustainable and Smart Mobility Strategy which aims to double High Speed rail traffic by 2030 and triple by 2050. The advantages of high-speed rail versus other transport modes are as follows: 1. transport capacity : high-capacity transport capable of covering long distances, 2. energy consumption : extremely low energy consumption per passenger, 3. emissions : extremely low emission footprint in case of electric traction, 4. Permanent noise pollution : significantly better parameters than road and aviation transport, 5. infrastructure spatial requirements : significantly lower space demand (per transported volume) than road transport, 6. travel comfort : being able to provide a very high standard, 7. travel time : up to 1200 km, High Speed Rail can successfully compete with air transport, 8. Safety: high-speed rail is one of the safest modes to travel.
Amendment 589 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point w
Article 3 – paragraph 1 – point w
(w) 'European Rail Traffic Management System' (ERTMS) means the system defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/91938 ; In addition, whenever ERTMS is mentioned in the context of implementation deadlines, then ERTMS refers to the two existing ERTMS parts ETCS and GSM-R/GPRS/FRMCS. __________________ 38 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
Amendment 595 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
(x) 'radio-based ERTMS’ means ERTMS of level 2 or level 3 that uses radio to pass movement authorities to thethe radio based train control system ETCS application level 2 or level 3 that can be used with/without a class B system and with or without lineside signals and uses radio (GSM-R/GPRS/FRMCS)to pass all safety and non-safety related data exchange between track and train pursuant to Commission Regulation (EU) 2016/91939 ; __________________ 39 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.62016, p.1).
Amendment 807 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) By ... [date six months after the entry into force of this Regulation], the Commission shall complete a study on connecting all Union Capitals, chosen major cities and metropolitan areas with a railway high speed line network. The study shall be developed in cooperation with the Member States which will consult with stakeholders, and especially railway infrastructure managers. The study shall identify the financial instruments to finance the construction of the network. The conclusions of the study shall become the basis for the Member States to develop a European high speed network.
Amendment 935 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, whilst a synchronised and harmonised ERTMS deployment of tracksides and onboards is ensured.;
Amendment 946 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissioned. unless technically required by the infrastructure managers in exceptional and justified cases while guaranteeing interoperability through ERTMS deployment in line with the timeline.
Amendment 962 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling the train protection part of a CCS subsystem being in service, when the upgrading changes the functions or the performance of the subsystem, radio-based ERTMS is being deployed..
Amendment 972 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. At the request of a Member State, in duly justified cases, exemptions may be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability, on track capacity as well as the railway sector’s implementation capacity and the Railway Supply Industry Readiness Level. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59 , be coordinated and agreed with the neighbouring Member State(s) where applicable. The exemptions granted by the Commission shall take duly consider the deployment progress along the whole Network and shall not endanger the deployment with the deadlines set. The exemptions shall duly consider the necessary operational maintenance. The exemptions shall also reflect the availability of national and European fundings. __________________ 59 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 980 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Member States shall ensure that the concerned actors are duly informed about ERTMS deployment at least x (3) years before the ETCS trackside deployment and y (5) years before the decommissioning of class B systems. A shorter period is allowed if this is agreed between the IMs and the concerned actors and duly notified to the Member State through the ERTMS National Implementation Plan aiming at ensuring the synchronised and harmonised trackside/on-board ERTMS national deployment
Amendment 990 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 c (new)
Article 17 – paragraph 6 c (new)
6c. The European Commission shall ensure regulatory alignment of this Regulation and the Technical Specifications for Interoperability (TSI CCS and TSI INF)implying the alignment of provisions as well as the effective implementation.
Amendment 993 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 b (new)
Article 17 – paragraph 6 b (new)
6b. ERTMS should be 100% publicly funded trackside and on board.
Amendment 1014 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The European Commission, in close cooperation with all the rail stakeholders, shall ensure that a digital capacity management system, which enables passenger and freight operators to book a cross-border train path, will be developed by31.12.2025. Member States shall fully deploy the system on the European Transport Corridors, core and extended core networks by 31.12.2027.
Amendment 1045 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) gradual introduction of innovative technologies including FRMCS infrastructure at least on the Core and Extended Core Networks.
Amendment 1440 #
2021/0420(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point d a (new)
Article 48 – paragraph 1 – point d a (new)
(da) Compliance of Member States with the propositions (a) to (d) of this article shall be the precondition for receiving funds from the emissions Trading System (ETS) for projects on their territory.
Amendment 1476 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
Article 51 – paragraph 5 – point e a (new)
(ea) The ERTMS Coordinator shall conduct a feasibility study starting at the latest with entry into force of this regulation that in parallel to the roll out of ERTMS/ETCS transparently outlines the implementation paths to the deadlines set for 2030, 2040 and 2050. This study shall not only look into feasibility in terms of technology, but also in terms of resources and financial support/subsidies, and the Rail Supply Industry Readiness Level, in order to prevent a negative business case for affected actors, especially Railway Undertakings.
Amendment 1540 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 a (new)
Article 52 – paragraph 6 a (new)
6a. To set up a future strong and centralised EU Level ERTMS governance including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition, the European Coordinator for ERTMS, including national IMs and RUs representatives, should facilitate and promote such governance ensuring the timely and harmonised deployment.
Amendment 1543 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 b (new)
Article 52 – paragraph 6 b (new)
6 b. The European Climate, Infrastructure and Environment Executive Agency (CINEA) shall ensure coherence and consistency in ERTMS deployment and funding.
Amendment 111 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 119 #
2021/0211(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 130 #
2021/0211(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 134 #
2021/0211(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 138 #
2021/0211(COD)
Proposal for a directive
Recital 47
Recital 47
Amendment 147 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 154 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 159 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 163 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 169 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 176 #
2021/0211(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 182 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 186 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 191 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 198 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 207 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 210 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 217 #
2021/0211(COD)
Proposal for a directive
Recital 60
Recital 60
Amendment 403 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Chapter IVa
Amendment 408 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30a
Article 30a
Amendment 410 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30b
Article 30b
Amendment 413 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30c
Article 30c
Amendment 415 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d
Article 30d
Amendment 428 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 430 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30f
Article 30f
Amendment 435 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 436 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h
Article 30h
Amendment 444 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30i
Article 30i
Amendment 448 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Annexes
Amendment 477 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 482 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex IIIa
Annex IIIa
Amendment 17 #
2021/0207(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. Aviation activities related to all flights departing from or arriving at an aerodrome in the Union were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 . _________________ 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).
Amendment 19 #
2021/0207(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In April 2013, the Union, under international pressure, discontinued the enforcement of certain provisions of Directive 2008/101/EC by introducing the so-called ‘stop the clock’ derogation, which excluded all extra-EU flights from the EU ETS. The derogation was put in place in order for the International Civil Aviation Organization (ICAO) to establish a global agreement on regulating international aviation emissions, and it has been extended twice, first until 2017 and subsequently until 2023.
Amendment 22 #
2021/0207(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12. The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference(COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between1,8°C and 2,4°C, the Parties agreed in their conclusions of COP26 to revisit their commitments, as necessary, by the end of 2022 to be back on track for1,5°C of warming, maintaining the upper end of ambition under the Paris Agreement. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. During COP26, the International Aviation Climate Ambition Coalition was launched, whereby 23countries adopted a declaration committing to ambitious action on international aviation emissions, including through a new global goal and the promotion of cleaner fuels and technologies. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 23 #
2021/0207(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) While the COVID-19 pandemic caused a temporary reduction of aviation traffic, existing pre-COVID-19 pandemic projections point to an annual increase in aviation emissions at global and Union level by 53 % and 150 % until 2040, compared to2017 and 2020, respectively2a
Amendment 24 #
2021/0207(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Swift policy action is therefore needed in order to regulate aviation emissions at Union and global level by increasing the level of ambition through the use of carbon pricing tools based on environmental integrity and the efficient interplay between the global and Union market-based instruments that ensure aviation’s contribution to economy-wide emissions reduction.
Amendment 25 #
2021/0207(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 implement CORSIA from the start of the pilot phase 2021-202313 . However, in terms of its effectiveness in reaching the Paris Agreement goals as well as the Union's climate targets, CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement3a. The Union and its Member States should therefore be actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA, improving its environmental integrity, and thereby ensuring that it effectively reduces aviation emissions. It is also important that the enforceability and transparency linked to CORSIA be improved adequately. _________________ 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).
Amendment 29 #
2021/0207(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. _________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).
Amendment 30 #
2021/0207(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ … .In this respect, in addition to actions aimed at reducing or mitigating the climate change impact of CO2, this Directive should also put forward measures to address non- CO2emissions from aviation.
Amendment 34 #
2021/0207(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.
Amendment 35 #
2021/0207(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. For the ETS revision for phase four (2021-2030), an increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the coverage of flights between the Union and third countries. The share of such increased auction revenues that is attributed to the general budget of the Union as well as the revenue from payments of penalties settled by the aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to the decarbonisation of the aviation sector. That funding should be used especially for operational, aeronautics, airframe and new propulsion technologies, and sustainable aviation fuels to reduce the climate and environmental impacts of the aviation sector. Funding should be inclusive in terms of the involvement of stakeholders from public and private sectors representing a broad geographical and competence base across the Member States. The 'Fit for 55' legislative package, in general, and this Directive, in particular, should acknowledge the social dimension of the transition towards sustainable aviation. In order to ensure there is a socially just transition in this regard and protect the most vulnerable actors within the sector, an enhanced social dialogue at all stages should be promoted. Moreover, the availability of funds within relevant funding mechanisms under the EU ETS should be ensured in order to provide training, re- skilling, and up-skilling for workers, and, where appropriate, financial schemes to manage any unemployment risks due to the transitional measures taken in the sector.
Amendment 65 #
2021/0207(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 70 #
2021/0207(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exemptAircraft operators should not be able to subtract the financial value of CORSIA credits from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026allowances for flights to and from countries that are not implementing CORSIA.
Amendment 71 #
2021/0207(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The Union should do its utmost to advance the deployment and ensure strengthened ambition in the international carbon-offsetting scheme, CORSIA and support adopting a long- term goal to reduce global aviation emissions.
Amendment 72 #
2021/0207(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred on the Commission to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detrimentApplying the EU ETS in conjunction with CORSIA would lead to the creation of uniform conditions and equal treatment for both Union and third country aircraft operators, in the surrendering of requirements as laid down in Article 3e of aDirlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counective 2003/87/EC in respect of emissions from flights departing pfrovisions. Those powers should be exercised m and arriving accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Councilt Union aerodromes.
Amendment 91 #
2021/0207(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) A significant amount of the Innovation Fund should support advance research and development in the aviation sector, in particular those related to deployment of decarbonisation solutions and sustainable aviation fuels.
Amendment 106 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 6
Article 3 c – paragraph 6
6. In respect of flights departing from abetween aerodromes located in the EEA which arrive at, in Switzerland or in the United Kingdom, and aerodromes located inoutside the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.
Amendment 110 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 20305 from flights between an aerodrome located in an outermost region, a dependency or territory of a Member State and an aerodrome located in the same Member State outside that outermost region, dependency or territory.;
Amendment 137 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 3 f
Article 3 f
(3) Articles 3e and 3f areis deleted;
Amendment 139 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2003/87/EC
Article 3 e
Article 3 e
(3a) Article 3e is replaced by the following: Article 3e 'Integration of the EU ETS and CORSIA 1. In order to ensure that economy- wide emissions reductions remain at a level that is consistent with the Union’s nationally determined contribution for 2030, and by way of derogation from Article 25a, from 1 April 2025, aircraft operators shall surrender allowances for emissions from flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom in the previous calendar year. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with Articles 3d and 3c. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in articles 9 and 28a shall continue to apply. 3. To ensure that emissions are not priced twice for departing and incoming flights and to take due account of CORSIA's offsetting obligations above a baseline set at 2019 levels for the years 2021-2023 and set at the average of 2019- 2020 levels for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits which they had used under CORSIA for extra-EU routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism for carrying out this reimbursement, which could require converting the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The use of revenues linked to flights covered by this Article in the EU ETS shall be the following and the provisions of this Article do not apply for emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom: (a) 50 % shall be used to finance projects administered through the European Climate, Infrastructure and Environment Executive Agency (CINEA), to reduce aviation’s total climate impact, including through the use of prizes to reward zero emissions technologies as provided for in Commission Delegated Regulation (EU) 2019/8561a; (b) 20 % of the revenues generated shall be used to contribute to UNFCCC climate funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) 30 % of revenues generated shall be used as determined by Member States in line with Article 10(3).
Amendment 146 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)
Article 10 a – paragraph 8 – subparagraph 2 a (new)
Amendment 167 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 168 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2003/87/EC
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
Amendment 2 #
2020/1998(BUD)
Draft opinion
Recital A
Recital A
A. Whereas the Union transport sector is essential for Union’s economic, social and environmental development and its sustainability and for ensuring the territorial accessibility and connectivity of all regions of the Union, with particular attention for peripheral, rural, insular and outermost regions;
Amendment 3 #
2020/1998(BUD)
Draft opinion
Recital B
Recital B
B. Whereas transport will be key to achieving climate neutrality by 2050 and any significant contribution from the transport sector to this goal will require enormous public and private financial investments on EU and national level in order to accelerate the shift to sustainable, safe, smart, interoperable, multimodal mobility;
Amendment 8 #
2020/1998(BUD)
Draft opinion
Recital C
Recital C
C. Whereas the transport and tourism sectors are among the most hardly hit by the recent COVID 19 crisis; whereas transport has proven vital to providing all necessary goods, including medical and sanitary equipment to the Union population amidst the crisis; whereas the recovery of the transport and tourism sectors are key to well-functioning of the EU internal market, as well as for connectivity and competitiveness in the EU;
Amendment 15 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. [02 03 01] Reiterates the crucial role of the Connecting Europe Facility (CEF) in fostering the development of a high-performance trans-European network (TEN-T) that is sustainable, safe, multimodal, interoperable and interconnected across the areas of transport, energy and digital services infrastructure and in achieving the goals of the Green Deal, particularly in regards to the promotion of smart and sustainable mobility, including an increase in rail freight transport; Considers unacceptable the drastic reductions in commitments for the Energy and Digital branches of the CEF and the global reduction of the CEF budget resulting from these cutes; Considers that the increase in the CEF transport budget is the step in the right direction but insufficient in view of the needs of the sector; Therefore requests a budget in line with the European Parliament position on MFF1 ; _________________ 117,746 bn euros for 2021-2027 in 2018 prices (an average of 2,542 billion euros per year).
Amendment 22 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. [new01 20 03 00] Regrets the absence of a specific allocation and specific programme for sustainable tourism, including the allocation of a budget of EUR 300 million as requested by the European Parliament; Requests that this allocation be added in order to take into consideration a sector that has strong links to transport,reiterates the need to create a new budget line in order to take into consideration the important role of tourism for competitiveness and employment in the EU transport sector which has been severely hit by the COVID-19 crisis and is very important for the Union economy;
Amendment 23 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. [13 04 01] Deeply regrets that the new commission’s proposal for MFF foresees a 75 % reduction in commitments for military mobility under the transport pillar, limitingwhich aims to adapt parts of the TEN-T networks for a dual use of the transport infrastructure in view of improving both civilian and military mobility; this reduction, limits de facto this new policy objective of the Union to merely symbolic actions ; requests the initial level to be restored and the level of commitments for 2021 to be set accordingly;
Amendment 27 #
2020/1998(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. [02 01 01] Notes with satisfaction the important surge in investment due to the EUR 9,645 billion contribution from the Next Generation EU to InvestEU in 2021; welcomes the incorporation of the new strategic European investment policy window in InvestEU programme which includes key investment opportunities for the transport and logistics sectors of the EU; however; deeply regrets the suggested cuts on MFF and Next Generation EU for the InvestEU programme recently adopted by Council, which could have an impact on budget 2021;
Amendment 30 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. [02 01 01] Highlights the importance of InvestEU programme in supporting the investment in sustainable and safe transport infrastructures, mobility solutions and equipment and deployment of innovative technologies, including investment in multimodal transport hubs and road safety; reiterates InvestEU Programme should be key to support operations promoting innovative and digital and sustainable tourism;
Amendment 31 #
2020/1998(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. [09 03 01]Highlights the importance of the necessary investment for the transport sector under the Just Transition Fund to ensure a fair, inclusive and socially acceptable transition to climate neutrality where nobody is left behind; stresses the need to support the up- and reskilling of workers and jobseekers in the transport sector, productive and sustainable investment in SMEs, the investment in smart ,and sustainable mobility, as well as environmentally-friendly transport infrastructure; however, deeply regrets the suggested cuts on MFF however; deeply regrets the suggested cuts on MFF and Next Generation EU for the Just Transition Fund recently adopted by Council, which could have an impact on budget 2021;
Amendment 35 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates the important role that European partnerships could play in improving the transport sector’s performance and safety and in fostering a reduction of transport emissions based on technological progress and rules; highlights that EU financing programmes such as Horizon Europe could play a key role in promoting partnerships with EU countries, the private sector, foundations and other stakeholders; requests that such initiatives - for example the creation of a European partnership for the maritime sector - receive adequate funding in order to contribute to the aforementioned objectives; however, deeply regrets the suggested cuts on MFF and Next Generation EU for the Horizon Europe research programme recently adopted by Council, which could have an impact on budget 2021;
Amendment 40 #
2020/1998(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. [02 10 03] Regrets the decrease in the budget 2021 of the European Union Agency for Railways (ERA) whose role is crucial to achieving a lasting shift from road to rail and to advance in the establishment of the Single European Railway Area; notes that such a decrease is particularly unfortunate since 2021 will be the European year of Rail; Therefore requests that the ERA budget be re- established in its 2020 level and that the percentage increase planned in the Draft budget for the following years apply from that limit;
Amendment 43 #
2020/1998(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. [02 10 01] Notes the slight increase in the European Union Aviation Safety Agency (EASA) budget for 2021; Requests that the subsequent increases be confirmed in the next MFF in order to allow for a stronger EASA, in view of progressively advance in the Single European Sky initiative, among others;
Amendment 2 #
2018/2624(RSP)
Citation 3 a (new)
- having regard to the Staff Regulations for European Union civil servants and in particular Articles 4, 7 and 29,
Amendment 3 #
Amendment 4 #
2018/2624(RSP)
Recital A
A. whereas it is fundamental that the European Commission, as Guardian of the Treaties, acts in conformity with the letter and the spirit of the rules,
Amendment 16 #
2018/2624(RSP)
Paragraph 1 a (new)
1 a. Deplores that the important decision to appoint a new EC General Secretary has been mixed with an important reshuffle of other high senior officials; regrets the discontent which some of these changes have also added critics against the EU institutions; asks the Commission to review the Staff Rules and to include a proper contradictory procedure to avoid this situation;
Amendment 20 #
2018/2624(RSP)
Paragraph 2 – indent 2
- only two candidates applied, a man and a woman, both from the cabinet of the EC President; the new Secretary- General was one of the applicants for the post; the second candidate, the woman, applied for the vacancy on 8 February 2018, went through the full day assessment centre on 12 February 2018 and withdrew the application prior to the interview with the Consultative Committee on Appointments (CCA), scheduled for 20 February 2018 and was appointed then as the new Head of Cabinet of EC President;
Amendment 25 #
2018/2624(RSP)
Paragraph 2 – indent 7
- the President of the European Commission and his Head of Cabinet had known since 2015 that the then Secretary- General intended to retire soon after March 2018, an intention which was reconfirmed in early 2018; however, the President had not divulged this information in order not to undermine the authority of the then Secretary-General but, had communicated with his Head of Cabinet;
Amendment 30 #
2018/2624(RSP)
Paragraph 3 – indent 3
Amendment 31 #
2018/2624(RSP)
Paragraph 3 – indent 4 a (new)
- after having successfully completed a selection procedure, the new Secretary-General was appointed Principal Adviser to the European Bank for Reconstruction and Development with effect as of 1 June 2014; with this appointment he became a grade AD14 official in his basic career;
Amendment 33 #
2018/2624(RSP)
Paragraph 4
4. Stresses the extremely rapid career of the new Secretary-General who in a period of slightly more than 13 years, has progressed from AD6 to AD15, out of which he spent 8 years in different cabinets (after the first cabinet he was promoted from AD10 to AD14; after the second cabinet from AD14 to AD 15);
Amendment 35 #
2018/2624(RSP)
Paragraph 5
5. Notes that, according to the Commission, the three previous Secretaries-General became Director, Director-General and Head of Cabinet before being transferred to the function of Secretary-General, whereas the new Secretary-General did not perform any management task in the Commission services; points out, in particular, that on 21 February 2018 he was not Deputy Secretary-General in function and he was less than two months in AD15 grade;
Amendment 39 #
2018/2624(RSP)
Paragraph 6
6. Takes note thatNotes that according to the Commission, the new Secretary- General was transferred in the interest of the service under Article 7 of the Staff Regulations and that the position was not published because the post was not considered vacant; hence no official could apply since the procedure was organised through a reassignment with post rather than as a transfer in the strict sense with proper publication of the vacant post;
Amendment 43 #
2018/2624(RSP)
Paragraph 8
8. Stresses that the appointment by transfer was initiated by the President of the European Commission in agreement with the Commissioner responsible for Budget and Human Resources and after consultation of the First Vice-President (which was consulted about the name of the candidate but definitively not on the procedure);
Amendment 46 #
2018/2624(RSP)
Paragraph 10
10. Questions why the Commission used different procedures to appoint Deputy Secretary-General and Secretary- General for the same candidate and during the same college meeting;
Amendment 50 #
2018/2624(RSP)
Paragraph 11
11. Notes that the replies given by the Commission show that the President and his Head of Cabinet had been aware since 2015 of the intention of the former Secretary-General to retire soon after 1 March 2018, which he reconfirmed in early 2018; underlines that this knowledge would have allowed for a regular appointment procedure for his successor by one of the two public procedures foreseen by the Staff Regulations: (1) appointment by the College following publication of the post and selection procedure under Article 29 of the Staff Regulation; or, (2) transfer in the interest of the service pursuant to Article 7 of the Staff Regulations, equally upon publication of the post in order to allow any interested official to apply for such transfer; it is concerned about the communication between the President of the Commission and his Head of Cabinet on the retirement and vacancy of the former S-G and the new vacancy which could rise serious question of conflict of interest and privileged information;
Amendment 58 #
2018/2624(RSP)
Paragraph 12
12. Underlines that by opting for the procedure under transfer of Article 7 of the Staff Regulations in the form of reassignment of the newly appointed Deputy Secretary-General with his post to the position of Secretary-General, it was possible to avoid publishing the vacant post of the retiring former Secretary- General; notes that the same procedure was used for the appointments of previous Secretaries-General while those have been previously in post of General Directors with high management and budgetary responsibilities; stresses, however, that this tradition of non-publication has reached its limits insofar as it does not correspond anymore to modern standards of transparency;
Amendment 64 #
2018/2624(RSP)
Paragraph 13
13. Notes that only the President, the Commissioner responsible for Budget and Human Resources, the First Vice-President and the former and new Secretaries- General knew in advance of the meeting of the College of Commissioners of 21 February 2018 that the proposal for the immediate appointment of the new Secretary-General by way of transfer of the newly appointed Deputy Secretary- General with his post would be made during the meeting;
Amendment 72 #
2018/2624(RSP)
Paragraph 16
16. Is disappointed by the fact that not a single Commissioner seems to have questioned this surprise appointment, asked for a postponement of this appointment decision or requested discussion of principle on the role of a future Secretary- General in this “politicale Commission”, and on the understanding of that role, while noting that the point was not on the agenda;
Amendment 76 #
2018/2624(RSP)
Paragraph 17
17. Reminds that Directors-General in the European institutions are in charge of hundreds of staff members and the implementation of substantial budgets as authorizing officers, as well as having the obligation to sign a declaration of assurance in their annual activity report at the end of each financial year; questions therefore the Commission’s claim that Heads of Cabinet of the President could be considered equivalent to a Director- General position in terms of management and budgetary responsibilities without having being in such a position, as it was the case in the previous SG of the Commission; points out that the internal Communication from the President to the Commission governing the composition of the private offices of the Members of the Commission and of the Spokesperson’s service of 1 November 2014 does not supersede or modify the Staff Regulations;
Amendment 95 #
2018/2624(RSP)
Paragraph 19
19. Points out that in order to maintain an excellent and independent, loyal and motivated European civil service, the Staff Regulations need to be applied in letter and spirit: this requires notably that Articles 4, 7 and 29 of the Staff Regulations need to be fully respected so that all “vacant posts in an institution shall be notified to the staff of that institution, once the appointing authority decides that the vacancy is to be filled” and that this obligation of transparency needs also to be respected for transfers under Article 7 of the Staff Regulations, apart from very exceptional cases and duly motivated, as recognised by the Court of Justice;
Amendment 96 #
2018/2624(RSP)
Paragraph 19 a (new)
19 a. Takes note that the Court of Justice has admitted some exceptions for transfers under Article 7 but in a limited and restrictive way and that the Judges have pointed out that these transfers should be done only in the interest of the service which means that the situation has to be severe, serious and most of the time urgent; considers that in the interests of transparency and equal opportunities, the non-publication of a vacancy as a result of the interest of the service should always be justified in writing and made public, indicating the reasons for the exceptionality and the urgency and demonstrating that the negative effects in case of not adopting that decision are more serious than the failure to make that decision and finally, the invocation of urgency should not be imputable to the Appointing Authority;
Amendment 101 #
2018/2624(RSP)
Paragraph 20
20. Recalls that only through proper publication of vacant posts is it possible to secure a wide choice of suitablymost qualified candidates, gender balanced allowing for informed and optimal appointment decisions; stresses that publication procedures whose sole purpose is to fulfil the formal requirement for publications, have to be avoided by all European institutions and bodies;
Amendment 114 #
2018/2624(RSP)
Paragraph 23
23. InvitUrges the Commission to revoke its decisions by which it considers the function of Head of Cabinet of the President to be equivalent to the function of Director-General and the function of Head of Cabinet of a Commissioner to be equivalent to the function of Director; inview the rules on the composition of cabinets in force in 2004 in order to clarify, as it is the case in many States Members, the political positions and the EC Staff positions ites the Commisdecisions to put in place meaensures to ensurehat the incentives and fair carerier advancement for members of cabinets do not infringe Staff carriers and to avoid definitely the practice of "parachuting";
Amendment 118 #
2018/2624(RSP)
Paragraph 24
24. Calls on the Commission to review, before the end of 2018, its administrative procedure for the appointment of senior officials, including the Secretary General of the Commission with the objective of fully ensuring that the best candidates are selected in a framework of maximum transparency and, collegiality and staff equal opportunities, thereby also setting an example for the other European institutions;
Amendment 128 #
2018/2624(RSP)
Paragraph 24 b (new)
24 b. Calls on the Commission to reassess the decision of the nomination of present Secretary General after the new rules adopted and in any case when the President of the Commission arrives to the end of his mandate; asks the Commission to take into account the EP opinion on the future decisions on the nomination of the EC Secretary General in order to strengthen transparency, democracy and trust on EU institutions;
Amendment 161 #
2018/2037(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is essential to ensure a level playing field for farmers in all Member States, fair standard of living across regions and Member States, affordable prices for citizens and consumers, and access to quality food and healthy diets, while delivering on the commitments for environmental care, climate action, and animal and plant health and welfare;
Amendment 183 #
2018/2037(INI)
Motion for a resolution
Recital H
Recital H
H. whereas there is a need for an updated and fairer system of payments, as in many Member States the currentthe system of entitlements is based in many Member States on historic benchmarksreferences, which are now almostnearly 20 years old and which constituteserve as an obstacle to generational renewal and hindeaccess for young farmers’ access to farm land, as given the fact that new entrants do not possess entitlements and are thus at a disadvantaged;
Amendment 365 #
2018/2037(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the intention to simplify and modernise the CAP, but emphasisunderlines that the integrity of the sSingle mMarket and a truly common and adequately financed by the EU policy must be the overriding priorities of reform;
Amendment 415 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be granted within a common general set of rules and tools agreed at EU level as part of a uniform approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approach in Pillar I without national co-financing and thus a level playing field;
Amendment 499 #
2018/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to avoid renationalisation of CAP and grant more flexibility to Member States and regions within the framework of the agricultural de minimis rules ;
Amendment 535 #
2018/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it necessary to maintain the current two-pillared architecture, particularly Pillar I, which is dedicated to income support for farmers; considers it necessary, at the same time, to compensate for the provision of public goods on the basis of uniformgeneral criteria, while allowing Member States to take specific approaches to reflect local conditions;
Amendment 553 #
2018/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the current CAP architecture can only deliver its objectives if sufficiently funded; calls, therefore, for the CAP budget to be maintained in the nextonly if it remains a common, modern and well- funded EU policy which supports sustainable development of agriculture and is crucial for providing safe, high quality and diverse food, jobs and growth in rural areas; which contributes to further levelling of developmental gaps in agriculture and rural areas and which reflects social and economic cohesion in its financial and programming dimension as well as proposed instruments and thus calls for maintaining the CAP budget in the post-2020 MFF at at least athe current levels in order to achieve the ambitions of a revised and efficient CAP beyondafter 2020;
Amendment 619 #
2018/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that more targeted support for family farms is necessary and that this can be achieved by introducing a compulsory higher support rate for small farms; considers, moreover, that and, at the same time and reflecting economies of scale considering different agricultural structures, support for larger farms should be digressive, reflecting economies of scale, with the possibility for capping to be decided by the Member States;
Amendment 673 #
2018/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls forStresses that the existing system for calculating direct payments in Pillar I, which is often based on historic entitlements, to and not most recent data, should be replaced by an EU-wide uniform method of calculating payments, in order to based on support paid per hectare, in order to ensure a level playing field for farmers in all Member States and make the system simpler and more transparent;
Amendment 708 #
2018/2037(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is certain that both the Basic Payment Scheme(BPS) and the Single Area Payment Scheme (SAPS) should continue to apply and all Member States should be allowed to choose between them;
Amendment 740 #
2018/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fair and equal distribution of direct payments between Member States, which must take into account socio-economic differences, different production costs and the amounts received by Member States under Pillar II;
Amendment 761 #
2018/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 764 #
2018/2037(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines that all EU farmers have to meet the same standards and requirements and are facing the same challenges;
Amendment 780 #
2018/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that, provided that a level playing field in the single market can be guaranteed, voluntary coupled support (VCS) payments should be maintained, and used as a tool to address needs of sensitive sectors and in a wider scope to address specific objectives related to environment, climate or quality and marketing of agricultural products, counteract specific difficulties, particularly those arising from the structural competitive disadvantage of less- favoured and mountainous regions, as well as those which are more temporary in nature and arise from a shift away from the old entitlement scheme, for example;
Amendment 795 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. In case of direct payments related to voluntary coupled support (VCS), more support should be given to small and medium-sized farms, and socio-economic considerations, that could be used in addition to statistical production figures, need to be taken into account;
Amendment 822 #
2018/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that generational renewal is a challenge faced by farmers in many Member States and that consequently each nNational sStrategy must therefore address this issue through a comprehensive approach, including top-ups in Pillar I1 and targeted measures in Pillar II, as well as by means of new financial instruments and national measures, in ordernd also via national measures and wider use of new financial instruments as a tool to grant access to capital in the circumstances of limited resources, to incentivise famers to pass on their farming operations;
Amendment 857 #
2018/2037(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that the investment support(non-repayable) should primarily be used in areas of EU-level added value;
Amendment 878 #
2018/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of rural development, including the LEADER initiative, in, to improve the synergy of different policies and to enhance competitiveness, promotes effective and sustainable economies and enhances development of rural areas, to supporting multi-functional agriculture and in fostering additional entrepreneurial activities and opportunities, in order to generate income from agri-tourism, and to secure community-supported agricultureby financially strengthening Pillar II, thus increasing potential to generate income, to tackle depopulation, unemployment, poverty and theo provision of social services in rural areasmote social inclusion;
Amendment 940 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensive legal framework which allows the integration of the various types of environmental actions at present, such as cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well as agri-environment measures (AEMs) for rural development, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and climate action, receiving equal awards for provision of comparable services of public interest, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 1165 #
2018/2037(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the necessity tof strengthening the position of the producers within the food supply chain, in particular by guaranteeing them a fair share of the added value, by fostering inter-sectoral cooperation, and strengthencombating unfair trade practices (UTPs) in the food supply chain as a minimum by introducing EU legislative document as well as promoting transparency in the markets and crisis preventiontackling crises;
Amendment 1207 #
2018/2037(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to allow and indeed encourage – particularly in the dairy sector –Underlines the importance of new Omnibus regulation to encourage active crisis management instruments, such as voluntary sector agreements to manage supply in quantitative terms among producers, producers organisations and processors, and to examine the possibility of extending such instruments to other sectors;
Amendment 1252 #
2018/2037(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that the compliance of farming in partner states with good and sustainable farming practices, climate measures and other means to minimise environmental impact of farming, which are applied in the EU, shall become an obligatory threshold for allowing access of goods manufactured in the third states to enter the EU market;
Amendment 495 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – introductory part
Article 4 – paragraph 2 – point a – introductory part
(a) up to EUR 340,615,493,000 for the specific objectives referred to in Article 3(2)(a), of which:
Amendment 513 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) EUR 12,8301,415,000,000 from the European Strategic Investment cluster;
Amendment 534 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point i i i a (new)
Article 4 – paragraph 2 – point a – point i i i a (new)
(iiia) EUR 11,415,000,000 for automation and telematic applications, this includes ERTMS on-board and on- track infrastructure, for the specific objective referred to in Article 3(2)(a)NEW(i);
Amendment 565 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. As regards the amounts transferred from the Cohesion Fund, 30% of these amountthe total amount of this shall be made available immediately to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation, with priority to cross-border and missing links. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred. As of 1 January 2024, resources transferred to the Programme which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation.
Amendment 712 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ii
Article 9 – paragraph 2 – point b – point ii
Amendment 722 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point iv
Article 9 – paragraph 2 – point b – point iv
(iv) actions supporting new technologies and innovation, including automation, enhanced transport services, modal integration and alternative fuels infrastructure for all transport modes, in accordance with Article 33 of Regulation (EU) No 1315/2013;
Amendment 761 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions to reduce rail freight noise, including retrofitting of existing rolling stock.
Amendment 782 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) Under the specific objective referred to in Article NEW 3(2)(a)(i): actions which support innovation and the migration of new technologies, including for safety purposes, in accordance with Article 31 of Regulation (EU) No 1315/2013;
Amendment 1077 #
2018/0228(COD)
Proposal for a regulation
Annex I – part II – paragraph 1 – introductory part
Annex I – part II – paragraph 1 – introductory part
The budgetary resources referred to in Article 4 paragraph 2 (a) (i) and (ii) shall be distributed as follows:
Amendment 1092 #
2018/0228(COD)
Proposal for a regulation
Annex I – part II – paragraph 1 a (new)
Annex I – part II – paragraph 1 a (new)
The budgetary resources referred to in Article 4 paragraph 2 (a)(ii) shall be distributed in the following way: – 85% for the actions listed at Article 9 paragraph 2 (a): "Actions relating to efficient and interconnected networks"; – 25% for the actions listed at Article 9 paragraph 2 (b): "Actions relating to smart, sustainable, inclusive, safe and secure mobility".
Amendment 1 #
Amendment 2 #
2017/2052(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the importance of the MFF which should reach the objectives of sustainability, bringing citizens closer to the EU Budget, and bridging the gap between Member States through cohesion policy;
Amendment 3 #
2017/2052(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Points that the MFF should be planned on amounts which can secure strategic growth, levering EU added value, making the EU economy stronger, making societies more pro-European; point that the EU budget should be readable and transparent;
Amendment 6 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls Parliament’s view that the duration of the MFF should be reduced from seven to five years so that it is aligned with the political mandate periods of Parliament and the Commission1 1; points out that in 2020 there will be an opportunity to bring the long-term strategy cycle in line with the budgetary cycle, and strongly recommends that this opportunity be taken; considers that the Commission should also examine the possibility of introducing a rolling programme in which each MFF, while having the same duration as now, would partially cover the previous one, on the premise that overlapping could help mitigate naturally existing peaks and troughs;recalls its view that, given the rapidly changing political environment and with a view to ensuring greater flexibility, some elements of the MFF should be agreed for 5 years while others, notably those related to programmes requiring longer-term programming and/or policies foreseeing complex procedures for the establishment of implementation systems, such as cohesion policy or rural development, should be agreed for a period of 5+5 years with compulsory mid-term revision. __________________ 1 See paragraph 73 of its resolution of 6 July 2016 on the preparation of the post electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (Texts adopted, P8_TA(2016)0309) and paragraph 5 of its resolution of 27 April 2017 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III – Commission and executive agencies (Texts adopted, P8_TA(2016)0309).
Amendment 13 #
2017/2052(INI)
Draft opinion
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. AskUrges the Commission, before drafting its to come forward with a proposal for a new MFF and, to carry out a thorough and comprehensive spending review that would assess the extent to which:
Amendment 14 #
2017/2052(INI)
Draft opinion
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- the allocation of resources in the EU budget reflects the EU’s strategic priorities and opportunities to add value, in particular in policies that have shown to drain a lot of resources while serving merely redistributive functions, such as the Cohesion Policy and the Common Agriculture Policy (CAP), and in recent priority policy fields that have shown to have insufficient budget measures in times of variable circumstances, such as immigration policy and external action, and the extent to which
Amendment 27 #
2017/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that in the course of the current MFF period, the EU has suffered multiple crismay face many new challenges; calls on the Commission to provide flexibility in the budget planning so that it is able to tackle unexpectedly changing circumstances more efficiently; considers, in this regard, that adequate emergency measures still need to be taken, in coordination with other actions, to alleviate the European crises, especially in the areas of agriculture and migration, along with measures to ensure that Parliament’s role in implementing and adopting the MFF is fully respected and that the Council does not act without Parliament’s consent;
Amendment 34 #
2017/2052(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Reiterates Parliament’s call to integrate the European Development Fund into the EU budget in order to be able to control and tackle the root causes of excessive migration in a better way, and one that is in line with Union policies and strategies, using tools and methods deriving from the Union’s budgetary competence; considers that common European challenges in development policy could be better mastered through common administration from the EU budget;
Amendment 35 #
2017/2052(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Endorses the suggestion made by the European Court of Auditors in its briefing paper on the mid-term review of the Multiannual Financial Framework 2014-2020 that it is better to determine the duration of programmes and schemes on policy and citizens’ needs, rather than basing it on the length of the financial planning period4 ; __________________ 4 See points 39 and 40. See points 39 and 40.
Amendment 41 #
2017/2052(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 53 #
2017/2052(INI)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 56 #
2017/2052(INI)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 61 #
2017/2052(INI)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 67 #
2017/2052(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Strongly regrets the persistence of aing high levels of outstanding commitments that iswhich is on one hand the result of delays by Member States in submitting payment claims and on the other hand caused by the European Commission being considerably late in proposing the programs; points out that this circumstances makes any effective evaluation and review of the budget implementation impossible, whether at mid-term or at the end of the programming period; regrets that this handicaps the forecasting capacity of the budgetary authority; regrets, in particular, that the outstanding commitments increased significantly by the end of 2016, to reach EUR 238 billion, and that the increase relative to the figure for 2015 – over EUR 21 billion – was twice as high as initially expected;
Amendment 70 #
Amendment 73 #
2017/2052(INI)
Draft opinion
Paragraph 21
Paragraph 21
21. Asks the Commission and the Member States to significantly modernise and redesign the EU budget along the principles of performance-based budgeting in order to fit the new priorities that have been agreed on at the EU-27 level, and to back up a fiscal stabilisation function for the euro area using own resources;
Amendment 75 #
2017/2052(INI)
Draft opinion
Paragraph 22
Paragraph 22
Amendment 80 #
2017/2052(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Recalls that in its resolution accompanying the discharge 20156 , [1],Parliament called on the Commission to fundamentally reconsiderpropose necessary updates of the design and delivery mechanism for the ESIFs taking into account also the suggestions of the high level simplification group in order to strengthen the cohesion policy contribution to tackle disparities in inequalities between Union regions and Member States and to foresee, for the next programming period, more manageable and measurable performance indicators; insists that all future expenditure should focus on programmes, with proven EU added value, designed to deliver results at minimum cost, and that performance should be at the centre of the next generation of all programmes and schemes together with better geographical balance, which should ensure a fair distribution of financing across Europe; __________________ 6 See paragraph 190 of the resolution of 27 April 2017 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III – Commission and executive agencies (Texts adopted, P8_TA(2016)0309).
Amendment 84 #
2017/2052(INI)
Draft opinion
Paragraph 25
Paragraph 25
Amendment 85 #
2017/2052(INI)
Draft opinion
Paragraph 25
Paragraph 25
25. Points out that the EU-27 should consider halting commitments, or doing less, in domains where the Union is perceived as having limited added value, or as being unable to deliver on promises; believes, however, that there should be a clearly stated link between the aims and the allocated funds, that where ambitious aims are set, sufficient funds should be allocated, and that where new goals are set, new resources should be presented; stresses that taken altogether, EU finances should be able to meet the financing needs of new priorities, such as countering terrorism, managing migration by better addressing the root causes, improving integration and through border controls among other things, and minimising the effects of the possible financial gap resulting from Brexit;
Amendment 87 #
2017/2052(INI)
Draft opinion
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to improve its strategy to communicate the added value of EU funds to the citizens and counter the dissemination of distorted facts which threaten to undermine the trust of citizens in the EU.
Amendment 89 #
2017/2052(INI)
Draft opinion
Paragraph 26
Paragraph 26
26. Considers that while the United Kingdom’s decision to withdraw from the Union is an unfortunate event that will have a negative influence on the future of the lives of citizens in the UK and in the remaining Member States, it also creates an opportunity to redefine and reform the EU-27’s political ambitions and the needed budget tools and methods; considers that the EU-27 should be ambitious in its budget reform and aim to maintain an annual EU budget similar in size to that of the EU-28;
Amendment 94 #
2017/2052(INI)
Draft opinion
Paragraph 27
Paragraph 27
27. Believes that those policy fields likely to suffer most significantly from the budget gap resulting from Brexit should be protected from major setbacks in order not to destabilise in an excessive way any current economic, social or administrative framework; points in particularfor example to the need to secure the Union’s resources in the field of research, development and innovation in order to enhance the Union’s global leadership; calls on the Commission, in this regard, to examine carefully the consequences of different Brexit scenarios when preparing the MFF proposal and its impact assessment;
Amendment 97 #
2017/2052(INI)
Draft opinion
Paragraph 28
Paragraph 28
Amendment 105 #
2017/2052(INI)
Draft opinion
Paragraph 31
Paragraph 31
Amendment 109 #
2017/2052(INI)
Draft opinion
Paragraph 32
Paragraph 32
32. Encourages the Commission and the Member States also to consider othernew tax- based resources available to the EU-27 that could provide for more European added value in certain risk-related policy fields, while at the same time strengthening the EU budget; believes that a tax on financial transactions, CCTB, a European Corporate Income Tax, or a CO2 levy through carbon pricing should be part of future genuine own resources to be considered by the European Commission.
Amendment 44 #
2017/0288(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To ensure a coherent legislation framework ofor the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter- urban carriage by regular services. The scope of that Regulation should therefore be extendedEuropean Union is paramount in order to prevent legal ambiguity. The scope of that Regulation should therefore be consistent with the provisions of a Regulation (EC) No1370/2007.
Amendment 49 #
2017/0288(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member StateEach Member State shall designate a national competent authority to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.
Amendment 57 #
2017/0288(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory bodnational competent authority should be able to carry out an objective economic analysis to ensure that this is the case.
Amendment 66 #
2017/0288(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.national competent authority
Amendment 72 #
2017/0288(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
Amendment 77 #
2017/0288(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers by attending a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70.
Amendment 80 #
2017/0288(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
Amendment 104 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1073/2009
Article 2 – paragraph 7
Article 2 – paragraph 7
7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward on a temporary basis in a host Member State;;
Amendment 107 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c – introductory part
Article 1 – paragraph 1 – point 2 – point c – introductory part
(c) the following points 9 to 11 a are added:
Amendment 115 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
Article 2 – paragraph 9
9. ‘terminal’ means any staffed facility with a minimumhere according to the specified route a rea of 600m2, which provides a parking place that is used by coaches and buses for the setgular service is scheduled to stop for passengers to board or alight, equipped with facilities such as a check-in counter, waiting downroom or pticking up of passengerset office;
Amendment 130 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11a. ‘public service contract’ means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority: – taking the form of an individual legislative or regulatory act, or – containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator;
Amendment 136 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Amendment 140 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Each Member State shall designate a single national regulatory bodcompetent authority for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contracte national competent authority may be responsible for other regulated sectors.
Amendment 144 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1 – subparagraph 2
Article 3 a – paragraph 1 – subparagraph 2
Amendment 146 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
Article 3 a – paragraph 2
Amendment 152 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. The regulatory bodnational competent authority shall perform the following tasks::
Amendment 163 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
The regulatory bodnational competent authority may, in exercising its tasks, request relevant information from the other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.
Amendment 164 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
Information requested shall be supplied within a reasonable period set by the regulatory bodnational competent authority and not exceeding one month. In justified cases, the regulatory bodnational competent authority may extend the time limit for submission of information by a maximum of two weeks. The regulatory bodnational competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.
Amendment 167 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
Article 3 a – paragraph 5
5. Member States shall ensure that decisions taken by the regulatory bodnational competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory bodnational competent authority’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.
Amendment 170 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
Article 3 a – paragraph 6
6. Decisions taken by the regulatory bodnational competent authority shall be made public.;
Amendment 172 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1073/2009
Article 3 c (new)
Article 3 c (new)
(3b) 3c. Member States shall not apply Article 3b when they apply subsidies for the transportation of passengers on unprofitable lines and routes at the expense of a national and/or local budget.
Amendment 223 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory bodnational competent authority.
Amendment 225 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 1
Article 5 b – paragraph 5 – subparagraph 1
Where the regulatory bodnational competent authority hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
Amendment 228 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
The decision of the regulatory bodnational competent authority on the appeal shall be binding. The regulatory bodnational competent authority shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
Amendment 238 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given three months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.
Amendment 240 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
Article 8 – title
Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies
Amendment 246 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies, over distance defined by each Member State. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.
Amendment 261 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a
Article 8 a
Amendment 264 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – title
Article 8 a – title
Amendment 270 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 1
Article 8 a – paragraph 1
Amendment 275 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
Article 8 a – paragraph 2
Amendment 282 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
Article 8 a – paragraph 3
Amendment 305 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(d).
Amendment 312 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3
Article 8 b – paragraph 3
Amendment 342 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
Article 8 d – paragraph 1
1. Member States may limit the right of access to the international and national market for regular services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract.
Amendment 376 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services, performed in accordance with this Regulation.;by a carrier not resident in the host Member State provided that a stay in that Member State does not exceed 48 hours after the entry into the territory of the Member State, in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be performed independently of such international service.
Amendment 387 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is dDeleted;
Amendment 391 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 1073/2009
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(19a) In Article 25, the following paragraph 1 a is inserted: "Member States shall not apply the provisions of Chapter III of this Regulation for national regular services on territories covered by services of general economic interest, on the condition that public service contracts are awarded following a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007."
Amendment 398 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28
Article 28
Amendment 3 #
2017/0123(COD)
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 5 #
2017/0123(COD)
Council position
Recital 21
Recital 21
Amendment 8 #
2017/0123(COD)
Council position
Recital 22
Recital 22
Amendment 11 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 14 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 17 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a
Article 8 – paragraph 2 a
Amendment 20 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';
Amendment 24 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 26 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 29 #
2017/0123(COD)
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 277 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
h) the number of employeespeople employed in the company over the last calendar year;
Amendment 287 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i
Article 16 – paragraph 2 – point i
i) the total assets, liabilities, equity and turnover during the last two years;a copy of the annual financial report or other documents proving financial capacity, of the kind listed under Article 7(2)
Amendment 357 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;';
Amendment 388 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 4 #
2017/0122(COD)
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 6 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 8 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 11 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 14 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 16 #
2017/0122(COD)
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 256 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 561/2006
(a) four regular weekly rest periods, or
Amendment 261 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point a
Article 8 – paragraph 6 – point a
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 272 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point b a (new)
Article 8 – paragraph 6 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours.
Amendment 277 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
For the purposes of point (b) and (c), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.;
Amendment 341 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another private locations chosen by the driver.
Amendment 362 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homthe driver’s place of residence within each period of threefour consecutive weeks.;
Amendment 383 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(ca) 8c. The fact that the regular weekly rest period and a weekly rest of more than 45 hours taken in compensation for previously reduced weekly rest, which – as recorded by a tachograph – is taken by the driver in a Member State other than the country where the undertaking is established, has indeed been taken, shall be verified by way of a declaration provided by the driver. The model of such declaration shall be specified by the EC.
Amendment 402 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 2 #
2017/0121(COD)
Council position
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
Amendment 4 #
2017/0121(COD)
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 5 #
2017/0121(COD)
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 7 #
2017/0121(COD)
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 11 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
Amendment 12 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 14 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 15 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 16 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 18 #
2017/0121(COD)
The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 20 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 22 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 24 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point c
Article 1 – paragraph 4 – subparagraph 1 – point c
(c) picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State and/or a third country, in accordance with Regulation (EC) No 1073/2009.
Amendment 27 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 30 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 32 #
2017/0121(COD)
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
Amendment 33 #
2017/0121(COD)
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 36 #
2017/0121(COD)
Council position
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 37 #
2017/0121(COD)
Council position
Article 10 – paragraph 1
Article 10 – paragraph 1
This Directive shall enter into force on the day following[insert date 18 month after that of its publication in the Official Journal of the European Union].
Amendment 286 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 37 working days during a period of one calendar month.
Amendment 317 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 7 working days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 385 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 450 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point v
Article 2 – paragraph 4 – point a – point v
(v) the number plates of vehicles used in posting for cabotage operations;
Amendment 13 #
2016/2152(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 31 #
2016/2152(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that ‘mopping-up’ transfers accounted for EUR 83 419 000, which represents 4,6 % of final appropriations with a total of EUR 71 000 000 transferred from provisional appropriation headings and from other sources, so as to help fund the annual lease payments for the Konrad Adenauer building; reaffirms, yet again, that Parliament's propertybuilding policy should be set with sufficient clarity as part of the budgetary strategy;
Amendment 58 #
2016/2152(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes that this reduces considerably cash payments and introduces mandatory electronic transfers therefore reducing the riskUrges for immediate review of the rules governing the payment of financial subsidies for sponsored groups. Points ofut theft and reputation for the Parliament while still providing for considerable flexibility; takes note of the Bureau’s intention to evaluate the revised system after one year of implementationat the payments for visitors' groups shouldn't be made to assistant's personal bank account, creating considerable risk of investigation by national tax authorities and forcing assistants to disclose their personal data for professional use;
Amendment 63 #
2016/2152(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 84 #
2016/2152(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the bureau to make it possible for MEPs who wish to do so, to have their accounts relating to the general expenditure allowance audited by the Parliament’s administration in a manner that is both efficient and effective (for example, by taking samples or by concentrating on expenditures over a certain financial threshold) and to publish the results on their personal webpages on the Parliament’s website; alternatively, to earmark a percentage of the general expenditure allowance for MEPs to hire an external audit;in a way that would not create additional administrative burden or costs to the administration or MEPs offices. Points out that in non-Eurozone member states most expenses defrayed from GEA are in national currencies, therefore making it difficult to establish common auditing practices.
Amendment 96 #
2016/2152(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 138 #
2016/2152(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Is not convinced of the need to havethat information offices of the Parliament in all Member States, especially in view of the fact that for effective communication physical presence may not always be necessary and can easily be replaced by effective and responsive internet facilities; is in particular sceptical about having an information office in the cities of Brussels and Strasbourg a are necessary to increase the visibility of the Parliament and the MEPs and provide the citizens with information. Notes with concern the rising tide of euroscepticism and calls ion both cities the Parliament itself can be visited and the Bureau to consider conducting addition for interested visitors there is or will be a Parlamentarium at their disposal; survey about how to improve the functioning of EPIOs.
Amendment 186 #
2016/2152(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Points out that in cases of harassment or whistle-blowing APAs are in a particularly vulnerable position, as their contracts are based on mutual trust between the MEP and the assistant; if this trust is lacking, that in itself is reason for terminating the contract; furthermore, if the MEP has to resign because of reputational damage as a consequence of harassment or other irregularities, this normally means that the contracts of all his/her assistants will also be terminated; calls therefore for the immediate strengthening of the representation of APAs in the advisory committee on harassment, as already requested in the context of the 2014 discharge, and financial compensatory measures, for example, by paying the APAs concerned up to their salaries until the end of the term of Parliament, if their contracts are dissolved and the unemployment benefits do not offer full compensation of lost income; calls on the Bureau to assign appropriate funds to cover the travel and subsistence expenses of APA plaintiffs, who often don't have the means necessary to personally come to Brussels and state their case to the harassment committee;
Amendment 213 #
2016/2152(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Considers that whereas national pension funds normally have to meet strict standards and are not allowed to have any actuarial deficit at all, and the voluntary pension fund is now facing an actuarial deficit of 64 % of the actuarial commitment, calls on the secretary-general to submit without delay a plan of action to amend the contributions or payments of pension rights in a manner that eliminates the risk ofpresent the Bureau with a comprehensive plan of action to avoid early exhaustion of the fund;
Amendment 215 #
2016/2152(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
Amendment 221 #
2016/2152(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
Amendment 226 #
2016/2152(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Notes that the 2010 – medium term building strategy is currently being revised; calls for extending such a strategy to a longer-term perspective, and including a case scenario with the consequences of a materialised Brexit;
Amendment 235 #
2016/2152(DEC)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Welcomes the continuous efforts to work on the safety in and around the premises of the buildings of the Parliament; acknowledges that safety within the Parliament represents a delicate balancing between achieving safety with a number of measures, and avoiding transforming its buildings into fortresses, which, as a side effect, may lead to anxiety for its users;
Amendment 266 #
2016/2152(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Calls on the bureau to examine in the context of the possible revision of the 15 % co-financing rate the idea of limiting donations in order to avoid conflicts of interest, and to concentrate the acquisition of own resources on contributions from members of European political parties and foundations, inter alia, by making it possible for citizens in Europe to become members of a European political party or foundation in addition to the national parties they belong to;.
Amendment 28 #
2016/2151(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU institutions and Member States should improve their communication policy in terms to properly inform the citizens about results achieved by the EU budget and their added value;
Amendment 29 #
2016/2151(DEC)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the European Parliament must have a strong engagement towards EU citizens concerns about where the EU budget is spent and how the EU protects their interests;
Amendment 30 #
2016/2151(DEC)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EU institutions should work towards a robust and resilient EU budgetary system that performs not only with flexibility, but also with agility in both stable and turbulent times;
Amendment 31 #
2016/2151(DEC)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas, cohesion policy brings a clear value added by improving the quality of life of citizens through Europe by being a key policy of solidarity and a vital source of public investment;
Amendment 32 #
2016/2151(DEC)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the EU institutions need to build a clear understanding and agree on which European policy priorities and public goods should be financed first to answer our citizens concerns and close the gaps in our policies.
Amendment 53 #
2016/2151(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to put on the agenda of the next experts’' meeting on Budget Focused Results (BFOR) the suggestions made by the Court in its “"briefing paper on mid-term review”" of 28. 10.2016 (points 39 and 40) and the recommendations of the High-level group on own resources in order to prepare the next Conference on EU Budget focused on Results initiative that could debate on the policy areas in which the Union budget should be spent before deciding upon the financial framework;
Amendment 57 #
2016/2151(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to orient its priorities towards the successful achievement of the Europe 2020 Strategy by using the instruments of the European Semester;
Amendment 58 #
2016/2151(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to present a proposal for the EU budget post 2020 priorities.
Amendment 59 #
2016/2151(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Regrets that the Commission did not performed full-scale review of the Europe 2020 Strategy in order to ensure its implementation under the Strategic Agenda for the Union in Times of Change, adopted by the European Council in June 2014, as this Agenda envisages;
Amendment 69 #
2016/2151(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls onUrges the Commission to propose measures to make Union Funding arrangements - which include, in particular, structuralfor implementation of the EU budget - which currently include different tools and combinations between them as for example programmes, structural and investment funds, trust funds, strategic investment funds, guarantee funds, facilities, financial instruments and, macro-financial assistance instruments, etc. - clearer, simpler, more coherent and better equipped to ensure sufficient transparency, accountability, performance and public understanding of how Union policies are funded and thewhat benefits they bring (see points 50 and 56 of the Court’s “briefing paper on mid- term review” of 28. 10.2016); regrets that the proposal for a new financial regulation from September 2016 does not address these problems in an adequate manner;
Amendment 71 #
2016/2151(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission to re- evaluate the ex-ante assessment for the Connecting Europe Facility debt instrument in the light of the creation of the EFSI and considerto present to Parliament an assessment of the impact of EFSI on other Union programmes and financial instruments;
Amendment 78 #
2016/2151(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes Commissioner Oettinger’s intention to bring the various shadow budgets, in the long run, back under the Union budget; Calls on the Commission to prepare a communication on this issuesent to co-legislators relevant proposals on this issue without delay;
Amendment 87 #
2016/2151(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that five Member States (Czech Republic, Spain, Italy, Poland and Romania) account for more than half of the unused commitments of Structural Funds that have not led to payment for the programming period 2007-2013;
Amendment 92 #
2016/2151(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that a new feature in this MFF is that unused amounts under the payment ceiling and under the commitments ceiling automatically increase the MFF ceilings for subsequent years;
Amendment 93 #
2016/2151(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Finds inadmissible that by the end of 2015 fewer than 20% of the national authorities responsible for European structural and Investment funds with the exception of the European Agricultural Fund for Regional Development (EAFRD) had been designated by the Member States which is a necessary step for Member States authorities to submit statements of expenditure to the Commission; is of the opinion that the considerable novelties introduced for the 2014-2020 period lead to administrative difficulties despite efforts for simplification;
Amendment 96 #
2016/2151(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Points out that difficulties with completing the compliance assessment procedures concerning the new management and control system, that generally fall at the beginning of the programming period are a serious cause for absorption delays.
Amendment 97 #
2016/2151(DEC)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Notes that the global economic recession, which has a direct effect in the form of the budgetary restraint measures applied to public budgets and difficulties in obtaining internal financing is also a main factor for delaying absorption.
Amendment 100 #
2016/2151(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deeply regrets that, as a consequence, there is a risk that delays in budget execution for the 2014-2020 programming period will be greater than those experienced for the 2007-2013; expects the Commission to have learnt from this with a view to preventing similar delays in the future;
Amendment 106 #
2016/2151(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Requests that the Commission takes measures to reducestrictly observe the rules and timetables regarding outstanding commitments including, faster closure and earlier decommitment of the 2007-2013 programmes, widproper use of net correction in cohesion, a reduction of cash held by fiduciaries and the compilation of payment plans and forecasts where outstanding commitments are significant;
Amendment 109 #
2016/2151(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Requests that the Commission considers in its budgetary and financial management the capacity constraints of certain Member States and to use all available instruments through technical assistance and the new Structural Reform Support Programme to support these Member States in order to avoid the underutilisation of funds and to increase the absorption rates especially in the area of the ESI funds;
Amendment 113 #
2016/2151(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Reiterates the need for simplification and clarity of rules and procedures at both EU and national level in order to facilitate access to EU funds for beneficiaries and to ensure sound management of those funds by the administrative services; believes that simplification will contribute to the speedy allocation of funds, higher absorption rates, increased efficiency and transparency, fewer implementation errors and reduced payment periods; considers that a balance needs to be struck between simplification and the stability of rules, procedures and controls; notes that, in any case, providing potential applicants and beneficiaries with sufficient information and guidelines is a necessary precondition for successful implementation;
Amendment 114 #
2016/2151(DEC)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls on the Commission to refrain from new cuts of the technical assistance at its disposal and to come up with an action plan for effective and timely absorption with particular emphasis on those Member States and regions lagging behind and having low absorption rates;
Amendment 138 #
2016/2151(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Points out that the Commission reports78 a total implemented financial corrections and recoveries amounting to EUR 3,9 billion; that aroundnotes that the ECA classified them in three categories: EUR1,2 billion of the corrections and recoveries were at source (applied before the Commission accepted expenditure) and that of the remainder: EUR 2,7 billion, around (Agriculture, Cohesion, Direct/indirect management); EUR 1,1 billion represents withdrawals by Member States applied after accepting expenditure by replacing ineligible amounts with new cohesion projects; EUR 1,6 billion net corrections (Agriculture, Direct/indirect management); _________________ 78 see paragraph 1.39 of the 2015 ECA annual report
Amendment 140 #
2016/2151(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Stresses that where there is a high risk of irregularity it is best practice to discuss the risk and to quantify the level and likely impact; regrets that Commission reporting on this subject pays significant attention to “corrective capacity” rather than to quantifying and analysing the nature of the errors it identifies, and undertaking relevant preventive measures for avoiding such errors; points out in particular that the Commission communications on “Protection of the Union budget” provides no estimate of the level of irregularity present in initial or in approved claims for reimbursement;
Amendment 150 #
2016/2151(DEC)
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59a. Draws attention to the need that the process of establishing performance indicators should be transparent and democratic involving all the EU institutions, partners and stakeholders concerned in order to make the indicators adequate for measurement of the implementation of the EU budget, as well as to answer the EU citizens expectations;
Amendment 153 #
2016/2151(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 157 #
2016/2151(DEC)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Regrets that the payment policy for researchers is applied with minor adjustments in the framework of the Horizon 2020 programme and thus it allows different payment for the same work within the same project based only on the nationality of the researcher, which stimulates the brain-drain of scientists from Central and Eastern Europe;
Amendment 165 #
2016/2151(DEC)
Motion for a resolution
Paragraph 73 – indent 3 a (new)
Paragraph 73 – indent 3 a (new)
– take measures ensuring the same pay for researchers doing the same work within the same project;
Amendment 166 #
2016/2151(DEC)
Motion for a resolution
Paragraph 73 – indent 3 b (new)
Paragraph 73 – indent 3 b (new)
– provide a list, by nationality, of all the enterprises quoted on the stock- exchange and/or which show a profit in their annual statement of accounts and which receive funds from Horizon 2020;
Amendment 190 #
2016/2151(DEC)
Motion for a resolution
Paragraph 103
Paragraph 103
103. Regrets that most of the quantified errors which the Court found (33 out of 38) concerned the reimbursement of ineligible personnel and indirect costs declared by beneficiaries; and that almost all of the errors we found by the Court in cost statements were due to beneficiaries misinterpreting the complex eligibility rules or incorrectly calculating their eligible costs;
Amendment 213 #
2016/2151(DEC)
Motion for a resolution
Paragraph 120
Paragraph 120
120. Welcomes that ERDF/CF were able, to a certain extent, to counter balance the effects of the 2007-2008 financial crises, indicating that without structural funds’ intervention the economic and social divergence among European regions would have grown even more;
Amendment 215 #
2016/2151(DEC)
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120a. Welcomes the achievements of the cohesion policy shown by the ex-post evaluations of the 2007-2013 programming period in relation to the EU 2020 targets: – by ERDF and Cohesion Fund: Headlines 1 "Employment" and 2 "R&D and innovations" - 41 600 research jobs were created and 400 000 SMEs were supported; Headline 3 "Climate change and Energy" - 3900 MW additional capacity of renewable energy production were created; – by the European Social Fund: Headlines 1 "Employment" - at least 9.4 million people gained employment (of which more than 300.000 people supported became self-employed); Headline 4 "Education" - at least 8.7 million people gained a qualification/certificate;
Amendment 219 #
2016/2151(DEC)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Notes, however, that very few programmes had a focus on results or measured impact; therefore little to nothing is known about the sustainability of the investments;
Amendment 223 #
2016/2151(DEC)
Motion for a resolution
Paragraph 122
Paragraph 122
Amendment 233 #
2016/2151(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127a. Takes note of the preliminary results of the implementation of the ESF and YIE in 2014-2015 and that 2.7 million participants took part in ESF and YEI activities, including 1.6 million unemployed and 700,000 inactive people;
Amendment 242 #
2016/2151(DEC)
Motion for a resolution
Paragraph 137
Paragraph 137
137. Regrets also that DG EMPL issues 23 reservations (down from 36) due to unreliable MCS in 11 Member States; takes note that the estimated financial impact of these reservations decreased from EUR 169,4 million in 2014 to EUR 50,3 million in 2015 for the ESF;
Amendment 243 #
2016/2151(DEC)
Motion for a resolution
Paragraph 142
Paragraph 142
142. Points out that Poland, Hungary, Italy and France are the prime countries with beneficiaries of the FEIs;
Amendment 244 #
Amendment 245 #
2016/2151(DEC)
Motion for a resolution
Paragraph 144 a (new)
Paragraph 144 a (new)
144a. Is deeply concerned about the generally higher costs and fees for EIB/EIF-managed funds implementing financial instruments under shared management which have been revealed by the European Court of Auditors (ECA) findings in its Special report 19/2016 on 'Implementing the EU budget through financial instruments – lessons to be learnt from the 2007-2013 programme period' and encourages the ECA to conduct similar audit for the current period;
Amendment 246 #
2016/2151(DEC)
Motion for a resolution
Paragraph 144 b (new)
Paragraph 144 b (new)
144b. Calls on the Commission to present annually by June every year starting from 2018 a report on implementation from the beginning of the current MFF and state of play, including results achieved, of all financial instruments managed and implemented by the EIB Group, which operate with resources from the EU budget, in order to use it in the discharge procedure;
Amendment 254 #
2016/2151(DEC)
Motion for a resolution
Paragraph 150 – indent 4
Paragraph 150 – indent 4
– in line with the Court’s recommendation, to fundamentally reconsiderpropose necessary updates of the design and delivery mechanism for the ESI funds, including political and financial frameworks, when making its legislative proposal for the next programming period taking also into account the suggestions of the high level simplification group in order to strengthen the cohesion policy contribution to tackle disparities in inequalities between EU regions and Member States; calls on the Commission to prepare a communication on this issue at an early stage;
Amendment 315 #
2016/2151(DEC)
Motion for a resolution
Paragraph 200 a (new)
Paragraph 200 a (new)
200a. Calls on the Commission to define performance indicators, in order to be able to track, monitor and control the implementation of different instruments merged;
Amendment 350 #
2016/2151(DEC)
Motion for a resolution
Paragraph 220
Paragraph 220
Amendment 34 #
2016/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the aviation sector is a fundamental part of the European transport network, indispensable to ensure connectivity within the EU and worldwide, and a driver for growth and jobs creatjob creation and regional cohesion;
Amendment 82 #
2016/2062(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to rethink on-going initiatives and propose alternatives to remove the deficiencies of the aviation sector resulting from the late and incomplete implementation of EU legislation such as the Single European Sky (SES); urges the Member States finally to make progress on other essential dossiers such as revision of the Slot Regulation and the Passenger Rights Regulations;
Amendment 164 #
2016/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that many of the limits to growth, both in the air and on the ground, can be addressed by taking connectivity as the maina key indicator when assessing and planning actions in the sector;
Amendment 18 #
2016/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the use of LNG in heavy-duty vehicles and shipping can reduce emissions of various pollutants (SOx, NOx and particulate matter) and, in the case of shipping, can allow the sector to meet the requirements of environmental legislation by decreasing the sulphur and nitrogen content in marine fuels used in the Emission Control Areas; notes that LNG, and in particular CNG, is also a viable solution for public transport which helps to reduce air and noise pollution and reduce operating costs;
Amendment 20 #
2016/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the use of LNG in heavy-duty vehicles and shipping can reduce emissions of various pollutants (SOx, NOx and particulate matter) and, in the case of shipping, can allow the sector to meet the requirements of environmental legislation by decreasing the sulphur and nitrogen content in marine fuels used in the Emission Control Areas and beyond them; notes that LNG, and in particular CNG, is also a viable solution for public transport which helps to reduce air and noise pollution;
Amendment 21 #
2016/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the use of LNG in heavy-duty and passenger vehicles and shipping can reduce emissions of various pollutants (SOx, NOx and particulate matter) and, in the case of shipping, can allow the sector to meet the requirements of environmental legislation by decreasing the sulphur and nitrogen content in marine fuels used in the Emission Control Areas; notes that LNG, and in particular CNG, is also a viable solution for public transport which helps to reduce air and noise pollution;
Amendment 45 #
2016/2059(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to ensure implementation of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, within the prescribed time limits, in particular as regards the establishment of LNG refuelling points, at least along the existing TEN-T Core Network, to ensure that LNG heavy-duty motor vehicles and passenger vehicles can circulate throughout the Union, and at maritime and inland ports to enable LNG inland waterway vessels or sea-going ships to circulate throughout the TEN-T Core Network; recalls that Member States should assess, in their national policy frameworks, in close cooperation with their regional authorities, the need to install refuelling points for LNG in ports outside the TEN-T Core Network;
Amendment 35 #
2016/0231(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Council conclusions of October 2014 foresaw that the target should be delivered collectively by the Union in the most cost-effective manner possible, with the reductions in the Emissions Trading System (ETS) and non- ETS sectors amounting to 43% and 30% by 2030 compared to 2005 respectively, with efforts distributed on the basis of relative Gross Domestic Product (GDP) per capita. All sectors of the economy should contribute to achieving these emission reductions, and all Member States should participate in this effort, balancing considerations of fairness and solidarity, and national targets within the group of Member States with a GDP per capita above the Union average should be relatively adjusted to reflect cost- effectiveness in a fair and balanced manner. The emissions level allocated to each Member State in the context of the 2030 climate and energy framework should take into account Member States' specificities in respect of their energy mix. Achieving these greenhouse gas emission reductions should boost efficiency and innovation in the European economy and in particular should promote improvements, notably in buildings, agriculture, waste management and transport, in so far as they fall under the scope of this Regulation.
Amendment 51 #
2016/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 20201 on the average of the greenhouse gas emissions durvalue of annual emission allocation ing 2016 to 201820 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. To that end, unused annual emission allocations from the period from 2013 to 2020 should be transferred to a dedicated reserve for each Member State upon its request, to be utilised in the period from 2021 to 2030, where a Member State's emissions exceed its annual emission allocations for a given year . _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 78 #
2016/0231(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation [ ] [on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework] lays down accounting rules on greenhouse gas emissions and removals relating to land use, land-use change and forestry (LULUCF). While the environmental outcome under this Regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land, afforested land, managed forest land, managed cropland and managed grassland as defined in Regulation [ ], flexibility for a maximum quantity of 280425 million tonnes of CO2 equivalent of these removals divided among Member States according to the figures in Annex III should be included as an additional possibility for Member States to meet their commitments when needed. Where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to Article 8 (6) of Regulation [LULUCF] is adopted, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that Article. Before adopting such a delegated act, the Commission should evaluate the robustness of accounting for managed forest land based on available data, and in particular the consistency of projected and actual harvesting rates. In addition, the possibility to voluntarily delete annual emission allocation units should be allowed under this Regulation in order to allow for such amounts to be taken into account when assessing Member States' compliance with requirements under Regulation [ ].
Amendment 124 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 20201 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3value of annual emission allocation in 2020 and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 130 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementing act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 149 #
2016/0231(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In respect of the years 2021 to 2029, a Member State may borrow a quantity of up to 510% from its annual emission allocation for the following year.
Amendment 164 #
2016/0231(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. A Member State may transfer up to 510% of its annual emission allocation for a given year to other Member States. The receiving Member State may use this quantity for compliance under Article 9 for the given year or for subsequent years until 2030.
Amendment 174 #
2016/0231(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. Member States may carry-over excess annual emission allocations from the previous commitment period.
Amendment 175 #
2016/0231(COD)
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6 b. The previous period banking reserve for each Member State is hereby established. Upon request of the Member State, the unused annual emission allocations from a commitment period shall be carried over to the previous period banking reserve.
Amendment 176 #
2016/0231(COD)
Proposal for a regulation
Article 5 – paragraph 6 c (new)
Article 5 – paragraph 6 c (new)
6 c. To the extent that a Member State's emissions exceed its annual emission allocations for a given year, a quantity up to the sum of unused annual emission allocations in the previous period banking reserve for that Member State, may be taken into account for its compliance under Article 9 of this Regulation for that year.
Amendment 177 #
2016/0231(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Additional use of 100 million annual emission allocations for implementation of projects 1. A European Project Mechanism (EPM) is hereby established. 2. Within the EPM, 100 million annual emission allocations shall be made available for the purpose of implementing projects or programmes that reduce greenhouse gas emissions not covered by the EU ETS in the Member States listed in Annex IV. 3. In the period from 2021 to 2030, 100 million annual emission allocations shall be auctioned through a Central Union Auctioning Platform. Any Member State is eligible to bid and may use the quantity acquired to comply with Article 9 for the given year or subsequent years. Auctioning revenues shall be made available for emission reduction projects or programmes within the EPM in the Member States listed in Annex IV. 4. Any projects under this mechanism shall not result in the double counting of emission reductions. 5. The Commission shall adopt an implementing act that sets out the details, rules and conditions concerning timing, administration, use of revenues and other aspects of auctioning annual emission allocations through the central platform, as well as the modalities and procedures for the EPM. 6. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 201 #
2016/0231(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Additional use of up to 280425 million net removals from deforested land, afforested land, managed cropland and managed grasslandLULUCF
Amendment 215 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. To the extent that a Member State's emissions exceed its annual emission allocations for a given year, a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land, afforested land, managed forest land, managed cropland and managed grassland referred to in Article 2 of Regulation [ ] [LULUCF] may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:
Amendment 228 #
2016/0231(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. A Member State which is evaluated under Article 21 of Regulation (EU) No 525/2013 as not making sufficient progress shall, within three monthsexceeds the annual emission allocation, taking into account the flexibilities, shall, within three months, since the compliance check as specified in the Article 9, submit to the Commission an corrective action plan that includes:
Amendment 234 #
2016/0231(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an addi deduction tofrom the Member State's emission figureallocation of the following year equal to the amount in tonnes of CO2 equivalent of the excess greenhouse gas emissions, multiplied by a factor of 1.08, in accordance with the measures adopted pursuant to Article 11; and
Amendment 239 #
2016/0231(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the Member State shall be temporarily prohibited from transferring any part of its annual emission allocation to another Member State until it is in compliance with Article 4 (2) of this Regulation. The Central Administrator shall implement this prohibition in the registry referred in Article 11.
Amendment 241 #
2016/0231(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 under Regulation [ ] exceeded its greenhouse gas removals, as determined in accordance with Article 12 of that Regulation, there shall be a deduction from that Member State'saking into account flexibilities used pursuant to Article 11 of that Regulation, Member State may choose to deduct annual emissions allocations for the relevant years equal to the amount in tonnes of CO2 equivalent of those excess greenhouse gas emissions for the relevant yearose years as one of flexibility options.
Amendment 268 #
2016/0231(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point 6
Article 15 – paragraph 1 – point 6
Regulation 525/2013/EU
Article 21
Article 21
The Commission may issue opinions on the corrective action plans submitted by Member States according to Article 8(1) of Regulation [ ESR ] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030, within three months from the date of submission of the corrective action plan.
Amendment 99 #
2016/0014(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 100 #
2016/0014(COD)
Proposal for a regulation
Recital 45 b (new)
Recital 45 b (new)
(45b) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
Amendment 542 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 6 – point 6.1 – paragraph 3
Annex XVIII – point 6 – point 6.1 – paragraph 3
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is easily acas machine readable and as electronically processiable datasets to independent operators.
Amendment 47 #
2015/2349(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the legal uncertainty as to the definition of ‘service providers’ in the transport sector prevents the establishment of fair competition, and regrets, that being so, the difficulties experienced by many small businesses in accessing the domestic and international market and offering new services;
Amendment 72 #
2015/2349(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that small transport firms need to invest not only to comply with the law but also to remain competitivemainly in the development of competitiveness, focusing on new technologies; deplores that, on one hand, their access to credit and funding on the money markets remains limited in spite of quantitative easing measures, while, on the other hand, aid from the public purse, particularly at European level, is rarely forthcoming, owing to overly complex and long-winded administrative procedures;
Amendment 125 #
2015/2349(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for efforts to be pursued with a view to completing the single European transport area; takes the view that any legislation which imposes new requirements on small businesses should be proportionate and accompanied by the necessary incentives; and should not hamper their development;
Amendment 138 #
2015/2349(INI)
11. Takes the view that, in view of the lack of investment in infrastructure, all transport operators should contribute; stresses the importance, in road transport, of internalising negative externalities, but recognises that this poses specific problems for small businesses, which must be taken into account as a priority;
Amendment 207 #
2015/2349(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reiterates, that there should be created encouragement for SME's to create online platforms which will contribute to the competitiveness and development of the transport sector;
Amendment 210 #
2015/2349(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 1 #
2015/2324(INI)
Draft opinion
Recital A
Recital A
A. whereas the Alpine Region poses a major challenge to the European transport network, since it has a low population density and very specific types of connections and accessibility to services;
Amendment 12 #
2015/2324(INI)
Draft opinion
Recital B
Recital B
B. whereas the specific geomorphologygraphical of the region should not be considered solely an obstacle to connectivity, but rather an opportunity to combine the transport system with protection of the natural and cultural heritage;
Amendment 23 #
2015/2324(INI)
Draft opinion
Recital C
Recital C
C. whereas financial resources should mainly be invested in the development of local and regional connectivity, in promoting small town centreurban centres of small and medium sized settlements, facilitating the accessibility of tourist facilities and ensuring essential health services;
Amendment 58 #
2015/2324(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the connectivity and accessibility of the region should be improved and promoted by ensuring respect for the environment, the protection of water resources and the involvement of local populations, by fully engaging regional and local political actodecision makers and also by promoting referendums;
Amendment 66 #
2015/2324(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the accessibility of ICTs should be increased by providing services more quickly and efficiently and by encouraging teleworking, in order to reduce the number of journeys and their polluting emissionnegative external effects;
Amendment 3 #
2015/2155(DEC)
Motion for a resolution
Recital D
Recital D
D. whereas there is permanentsome scope for improvement in terms of quality, efficiency and effectiveness in the management of public finances, and scrutiny is necessary to ensure that political leadership and Parliament's administration are held accountable to Union citizens,
Amendment 7 #
2015/2155(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note that there was an inconsistency between the dates of the presentation of the draft report for the EP discharge and the possibilities to table complementary question to the SG. Urges the SG to provide answers before the vote in Committee to the questions presented by the rapporteur;
Amendment 8 #
2015/2155(DEC)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that canteen services aim to provide quick restoration service to Members and staff. Is concerned by the limited space of the canteens in peak periods, in particular during plenary weeks in Strasbourg. Welcomes the availability of the new outdoor space that will partly address this whenever weather conditions allow it. Calls on the administration to further improve the Strasbourg canteen by making a more efficient use of all space available;
Amendment 10 #
2015/2155(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that Parliament started applying "fixed price contracts" for catering services; points out that the budgetary means required for catering services were quite insignificant, accounting for only 0,23 % of the annual budget; expects thatstability of pricinges in Parliament catering outlets will remain stable following the repeated substantial increases in the prices of the menus offered;
Amendment 11 #
2015/2155(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that Parliament started applying "fixed price contracts" for catering services; points out that the budgetary means required for catering services were quite insignificant, accounting for only 0,23 % of the annual budget; expects that pricing in Parliament catering outlets will remain stable following the repeated substantial increases in the prices of the menus offeredaccounting for 4 050 000 EUR (0,23 % of the annual budget ); Welcomes the Bureau's rules on the new catering services that aim to phase-out the Parliamentary subsidy. Expects stability of prices in Parliament catering outlets;
Amendment 12 #
2015/2155(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note that the new contracts for catering activities in Brussels concluded in 2015 do not foresee exclusivity for one catering provider any longer; expects that the planned smaller catering outlets in Brussels will be operated, on the basis of concessions, by small and medium-sized providers;
Amendment 14 #
2015/2155(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note that the new contracts for catering activities in Brussels concluded in 2015 do not foresee exclusivity for one catering provider any longer; expects that the planned smaller catering outlets in Brussels will be operated, on the basis of concessions, by small and medium-sized providersdiversity among the catering providers to ensure quality service at an affordable price;
Amendment 15 #
2015/2155(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note that the new contracts for catering activities in Brussels concluded in 2015 do not foresee exclusivity for one catering provider any longer; expects that the planned smaller catering outlets in Brussels will be operated, on the basis of concessions, by small and medium-sized providersincluding SMEs, on the basis of diversity among the catering providers to ensure quality service at an affordable price;
Amendment 18 #
2015/2155(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 21 #
2015/2155(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the administration to evaluate and propose a price scheme that combines the new rules whilst ensuring the possibility of discount to interns, with affordable price menus choices;
Amendment 25 #
2015/2155(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges the quality of the exchange of views between the Vice President responsible for the budget, the Secretary-General and the Committee on Budgetary Control in the presence of the Member of the Court of Auditors and the Internal Auditor, on 4 February 2016; welcomes the Secretary-General for his availability and calls for more frequent opportunities to debate with him in the committee on Budgetary Control on matters with an impact on the EP budget.
Amendment 29 #
2015/2155(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that Parliament will recruit a maximum of 80 members of staff who are affected by the restructuring of the committees’' translation service and will work for the new European Parliamentary Research Service (EPRS); expects that in- house productionefficiency will increase with less budgetary means devoted to outsourcing studies, assessments or evaluations;
Amendment 34 #
2015/2155(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that after considerable delay, internal whistleblowing rules have been adopted and are in force since January 2016; expresses concern at the protection affordgranted to whistleblowers and calls on Parliament to ensure that their rights are fully uphelrespected;
Amendment 38 #
2015/2155(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that for the first time in the history of European elections, the European political parties agreed that the winning party should designate a candidate for the president of the European Commission; welcomes that the new 'Spitzenkandidat' procedure aims to address the democratic deficit of the election of the President of the European Commission and that it has positively resulted in an increase of the visibility of the role of the European Parliament as the key democratic institution of the Union;
Amendment 41 #
2015/2155(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 42 #
2015/2155(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that, as a result of the introduction of the new "Spitzenkandidat" procedure, it was difficult to differentiate fully the President'sthe political activities from his preparation as "Spitzenkandidat" to head the Party of European Socialists in the 2014 European elections; considers that an unequivocal distinction has not beenof the candidates of the European political parties from their preparation for the 2014 European elections; welcomes all the information provided by the President, which demonstrates that it was possible to differentiate his political activities as Spitzenkandidat; considers that a clear distinction should always be made between the two roles; calls for a clear segregation of offic of office holders (President, presidents of the hpolders' functionitical groups), MEPs and candidates for European electPresident of the Commission; campaigns; regrets the at least indirect use of Parliament staff to help prepare the campaign; lls for a clear separation of office holders' functions and activities as candidates in European elections;
Amendment 45 #
2015/2155(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Mandates EPRS to conduct a comparative analysis of the legal framework governing the compatibilities of candidates that run for election campaigns in other international organisations and in the Member States (election of Prime minister, Secretary General, Chancellor, etc.);
Amendment 46 #
2015/2155(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 49 #
2015/2155(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the delivered list of the missions undertaken by the President in the first six months of the election year in answer to the questionnaire concerning the 2014 discharge; would like to requestelcomes the additional information on the transportation used by the President from Brussels to these meetings and wthe further private flights were also chartereddetails of the flight chartered to Lyon to allow the participation of the President in the 70th anniversary of the first deportations of Jewish children from Izieu to Auschwitz;
Amendment 50 #
2015/2155(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 53 #
2015/2155(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in the period from 22 January to 18 April, the official international missions undertaken by the President were mostly with government and official representations attached to socialist parties and organisations; calls for further information in this regard to similar activities of other MEPs who acted as "Spitzenkandidaten";
Amendment 56 #
2015/2155(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 57 #
2015/2155(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Requests further information on the reasons for the President being accompanied by officials in the final days of the election campaign; requests also concrete information on the meetings that have not been listed in the answer to question 15 of the questionnaireall "Spitzenkandidaten", in case they were accompanied by officials and other statutory staff not on leave during the election campaign; welcomes the complementary information given by the President and requests the same level of transparency from the other candidates;
Amendment 59 #
2015/2155(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 61 #
2015/2155(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls its discharge resolution for the financial year 201210 , in which detailed information was called for "on Welcomes all the information received in due time which makes clear "how the President, as a politically neutral figure, has kept his duties in office separate from his preparations to head the Socialists and Democrats' list in the European elections, in particular with regard to the staff in his cabinet and in Parliament's information offices and to travel expenses" (par. 51) of the 2012 Discharge resolution10); requests the same level of information for all "Spitzenkandidaten" to the 2014 European elections; __________________ 10 Resolution of the European Parliament, of 16 April 2014, with observations forming an integral part of its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section I — European Parliament (OJ L 266, 5.9.2014, p. 3).
Amendment 62 #
2015/2155(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls its discharge resolution for the financial year 201210 , in which detailed information was called for "on how the President, as a politically neutral figure, has kept his duties in office separate from his preparations to head the Socialists and Democrats' list in the European elections, in particular with regard to the staff in his cabinet and in Parliament's information offices and to travel expenses"(par. 51)Deplores the use of the 201210 discharge procedure to gain political advantage one month before the 2014 European elections; recalls that the protection of the financial interests of the Union should be as rigorous and impartial as possible, and that it should be avoided any campaign confrontations in order to regain the citizen's trust on the European institutions; __________________ 10 Resolution of the European Parliament, of 16 April 2014, with observations forming an integral part of its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section I — European Parliament (OJ L 266, 5.9.2014, p. 3).
Amendment 70 #
2015/2155(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the GEA is intended to cover expenditure in the Member State of election, such as a Members’' office rent, equipment, supplies, documentation or logistical organisation of events; takes note that a comprehensive system of control of the Member's parliamentary mandate allowance would represent 40 to 75 new administrative posts in the area of financial manag, what goes against the staff reduction schement;
Amendment 83 #
2015/2155(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes the Court of Auditors’' finding in its landscape review of the financial management of the Union budget that the practice of making cash payments for the reimbursement of costs to visitor groups was a “"high risk concern”"; demands therefore that cash payments be eliminated as far as possible when reimbursing costs to visitor groups; points out the high reputational risk for Parliament and the significant security risk entailed in making cash payments to visitor groups; acknowledges the practical concerns and calls for an evaluation of alternative and efficient methods to making cash payments before adopting new rules governing the reception of visitors' groups;
Amendment 86 #
2015/2155(DEC)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. In order to ensure greater transparency in the future, calls for an assessment of internalization of MEP visitors programs;
Amendment 89 #
2015/2155(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 90 #
2015/2155(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls additionally for a report by the administonsiders that the declarations on which former managers, CEOs, directors and board members in relevant European NGOs are now Members of the Parliament; calls in addition for a personal declaration from those Members stating the extent to which their current political activities have been shaped by their previous engagements and whether they still receive financial, personal and administrative support from their previous employerf interests of Members together with their CVs should represent a fair and comprehensive picture of their background, financial interests and previous activities; calls for more visible publication of this data on MEP websites;
Amendment 120 #
2015/2155(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Recommends that the member state wherein which the Parliamentarian facilities are established partly finance their establishment and running costs;
Amendment 123 #
2015/2155(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Criticizes the total costTakes note that the expenditure ofn the LUX Film Prize in 2014, which reached an all-time high of EUR 906 902tself in 2014 amounted to EUR 391 506, which is significantly reduced from previous years (2013: EUR 448 000; (2012: EUR 434 421); deeply regrets the fact that the results of a survey on awareness of, to cover the official selection, the competition including subtitling into the 24 official languages of the Union and prints for screenings in the 28 Member States, and the award ceremony; Reminds that advertising and promoting the LUX Film Prize, together with the Sakharov prize and women's rights, aims to illustrate Parliament's commitment to consensual values as human rights and solidarity as well as its commitment to cultural and linguistic diversity. Acknowledges the amount of EUR 193 805 in advertising the LUX- Film Prize, requested in the 2013 discharge report, is not yet available; calls for the results of this studythat reached, via social media mainly, ca. 10 million people, including 23 000 followers on Facebook. Recognises the constant commitment from the European Parliament Information Offices (EPIOs) to the LUX Film Prize and recalls the expenditure for screenings and related events amounted to EUR 317 434 in 2014, which shows a yearly average of ca. EUR 9 000 per EPIO and EUR 9 per participant (on the basis of 35 227 participants in the Member States). Calls for the results of the survey on awareness of the LUX Film Prize, requested in the 2013 discharge report, to be available to the public by mid-May 2016 andat the latest and asks for an official presentation of the results to be made to itsjointly to the Committee on Budgetary Control; and the Committee on Culture and Education;
Amendment 134 #
2015/2155(DEC)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Notes that APAs made up 26,7 % of Parliament staff at the end of 2014; recalls that the contracts of some 1700 APAs employed during the seventh parliamentary term came to an end in July 2014 and a major operation undertaken by the Directorate-General for Personnel for the recruitment of 1 686 APAs was drawn up before the end of 2014 to servework with Members during the eighth parliamentary term;
Amendment 148 #
2015/2155(DEC)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Deems overdue a renovation of the Paul-Henri Spaak building, including an extension of the building and an expansion of the seminar rooms for visitors and offices spaces for Members of the Parliament; supports the administration's planning, but stresses that it must be conducted on the basis of the current number of Members and not on the numbers in a possible - and unrealistic - enlargement of the Union;
Amendment 160 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Notes that the average number of hours per week that staff interpreters spent in their booths in 2014 delivering interpretation services was 10,7 hours/week; was lower than in previous years; acknowledges that 2014 was not a typical year for interpreters as the volume of parliamentary activity and demand for interpretation was lower than in a normal year, due to the elections; however, welcomes the initiatives taken by DG INTE to counterbalance the reduction in parliamentary activity during the election period with, inter alia, additional training and providing interpretation to other institutions;
Amendment 162 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65 b (new)
Paragraph 65 b (new)
65b. Considers that measuring the professional activity of interpreters solely on the basis of time spent in the booth can be misleading as interpreters' duties also include meeting preparation, language learning and maintenance, subject-based and other specialised training, on-call duty at home and on Parliament's premises, testing of new interpreters, training support to universities and other interpreter training centres, mission- related travel and administrative tasks, etc.;
Amendment 164 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65 d (new)
Paragraph 65 d (new)
65d. Calls on the administration to make sure that any changes to working conditions reflect internationally- recognised safeguards designed to protect both quality and interpreters' health and to take into account all the activities that interpreters perform whilst ensuring a high quality interpreting service with the flexibility that a political institution like Parliament requires; calls on the Secretary-General to continue his efforts to make the administrative support to interpreters more efficient;
Amendment 166 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65 f (new)
Paragraph 65 f (new)
65f. Calls on the administration to exclude leave and sick leave when calculating the average number of hours spent by interpreters in the booth;
Amendment 170 #
2015/2155(DEC)
Motion for a resolution
Paragraph 66 b (new)
Paragraph 66 b (new)
66b. Welcomes the fact that the continued implementation of the Bureau decision on resource-efficient full multilingualism has in 2014 again resulted in a reduction in expenditure on the budget lines dedicated to interpretation;
Amendment 173 #
2015/2155(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Insists that largsome efficiency gains are still possible in the supply of interpretation, notably by enhancing the efficiency of a service currently hampered by rules dating from 2005 that are no longer compatiblecould also be possible in Directorates B and C of DG INTE/DG INTE's administrative support units and by adapting the rules to the new current meeting patterns of the institution; calls on DG INTE to rein in the expansion of administrative services within the current meeting patterns of the instituDG if it is to the detriment of interpretation;
Amendment 175 #
2015/2155(DEC)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Is concerned by the fact that responsibility for meeting organisation and conference management is scattered across different DGs and worried by the recent unprecedented closures of some language booths due to insufficient recruitment of interpreters; calls urgently upon the Secretary-General to improve the system of demand of interpretation and to address the concerns of recruitment of interpreters;
Amendment 180 #
2015/2155(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Calls upon the sSecretary g-General to moderniseadapt the framework for the management of interpretation, with a view to increasing individual productivity and to bringing the working practicebringing the working practices of interpreters into line with the meeting patterns of the House as well as guaranteeing the statutory rights of the interpreters into line with the changed needs of the house; calls upon the Secretary-General to reach an acceptable agreement with the representatives of the interpreters;
Amendment 182 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Encourages the travel agency to an intensify comparison of prices. Calls on the travel agency to actively seek less expensive tickets when booking and, in general, to offer more competitive prices; notes with concern that the staff in the travel agency have partly gained a reputation for their lack of cooperation and professionalism; calls for an improved serviceWelcomes that DG FINS's instructions to the travel agency to look for best prices are being implemented effectively by the agency; notes that the choice of competitive fares can sometimes be at the expense of flexibility and /or financial penalties which can represent more expenses to the budget of the Union ( i.e. cancellation of a delegation for externals reasons can result in a financial loss if the cheapest choice arrangements were chosen);
Amendment 186 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Encourages the travel agency to an intensify comparison of prices. Calls on the travel agency to actively seek less expensive tickets when booking and, in general, to offer more competitive prices; notes with concern that the staff in the travel agency have partly gained a reputation for their lack of cooperation and professionalism; calls for an improved service;
Amendment 189 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Encourages the travel agency to an intensify comparison of prices. Calls on the travel agency to actively seek less expensive tickets when booking and, in general, to offer more competitive prices; notes with concern that the staff in the travel agency have partly gained a reputation for their lack ofwelcomes the continued cooperation and professionalism; calls for an improved service of the travel agency staff;
Amendment 200 #
2015/2155(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. CallUrges for the results of the external assessment requested by Parliament in its above-mentioned discharge resolution for the financial year 2013 to be delivered in due time; identifies the board of the voluntary pension fund as responsible for the extent of the fund’s deficit; calls for a sole concept for the calls on the Bureau to make immediately after the reception of the external assessment a proposal for a comprehensive action plan including approprivate pension fund, to decrease the liabilities of this fuions to address Parliament's responsibilities and; estimates necessary to decrease the retirement benefits for the participantnsure the rights of the members of the pension fund;.
Amendment 201 #
2015/2155(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the results of the external assessment requested by Parliament in its above-mentioned discharge resolution for the financial year 2013 to be delivered in due time; identifies the board of the voluntary pension fund as responsible for the extent of the fund’s deficit; calls for a sole concept for the private pension fund, to decrease the liabilities of this fund; estimates necessary to deccalls on the Bureau to make appropriations to ensure the solvency of the pension fund in the forease the retirement benefits for the participant members of the fundeable future;
Amendment 202 #
2015/2155(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the results of the external assessment requested by Parliament in its above-mentioned discharge resolution for the financial year 2013 to be delivered in due time; identifies the board of the voluntary pension fund as responsible for the extent of the fund’s deficit; calls for a sole concept for the private pension fund, to decrease the liabilities of this fund; estimates necessary to decrease the retirement benefits for the participant members of the fund;
Amendment 207 #
2015/2155(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
Amendment 209 #
2015/2155(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. CriticisWelcomes the conversreation of the Twitter official account of the “"President of the European Parliament” into a personal campaign vehicle leading to a party website" at the beginning of the campaign in order to separate clearly the activities of the President from the candidate ones;
Amendment 211 #
2015/2155(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Insists that reinforcing the security of the Parliament's buildings and their immediate surroundings be given the highest priority; reiterates its request to the Bureau to make it mandatory for Members to show their badges when entering the Parliament's premises; requires it necessary to ensure appropriate equipment and working conditions for security staff in view of the current security situation;
Amendment 213 #
2015/2155(DEC)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82a. Recalls the incidents regarding thefts occurring in MEP's offices; calls on DG INLO and DG SAFE to ensure greater security and transparency in regard to contractors and maintenance staff having access to offices;
Amendment 169 #
2015/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the European Fund for Strategic Investments (EFSI) proposed by the Commission as part of the Juncker Investment Plan for Europe should give priority to transport infrastructure projects that are in line with the EU transport policy and deliver high societal and economic value, and target projects that promote job creation, long-term growth and competitiveness;
Amendment 216 #
2015/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of promoting electro-mobility and electric public transport systems, coupled with the introduction of renewable energy sources in the electricity sector, giving priority to the electrification of the rail network, tramways, electric cars, buses and e-bikes; stresses the potential of modern aerial tramways (cable cars), as an inexpensive and easy-to-build means of transportation, to expand the capacity of urban public transport systems;
Amendment 232 #
2015/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that public transport usage in urban areas is not clearly stated among the ten goals of the White Paper; believes that a new goal should be set of doubling public transport use in urban areas by 2030, while providing for facilities and infrastructure to facilitate door-to-door mobility of pedestrians, cyclists and elderly or handicapped people; a clear goal should be also set to double cycling by 2025; stresses that these goals require investments, in particular for maintenance of existing infrastructure, and therefore urges the Commission to initiate an appropriate funding scheme;
Amendment 309 #
2015/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need to complete the established legislative framework for passenger rights with measures covering passengers on multimodal journeys combining rail, air, coach or maritime transport; calls for initiatives to promote integrated traveller information and intermodal ticketing, being in line with already existing initiatives in the transport sector; asks for measures to improve the quality of transport for elderly people, passengers with reduced mobility and disabled passengers, including better accessibility of infrastructure;
Amendment 331 #
2015/2005(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that market competition should not be considered as being the best model for delivering collective public transport and better services; underlines that it is necessary to leave the choice on how to organise collective public transport to the local, regional and national levels, also as part of the subsidiarity principle; insists that, in any case, it is necessary to prevent social dumping in relation to the public transport workforce, and that regulation and monitoring is necessary to avoid unacceptable reductions of labour costs through out-sourcing, sub- contracting or worsening of working conditions;
Amendment 401 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1
Paragraph 25 – indent 1
– all necessary actions by the Member States to accelerate the implementation of the Single European Sky and dep, through the adoption of the SES2+ package, to alloyw the future air traffic management system (SESAR)Functional Airspace Blocks (FABs) to be implemented and Air Navigation Services performance targets to be met,
Amendment 406 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- the deployment of the future air traffic management system (SESAR), including the setting of globally coordinated technical standards and the implementation of satellite-based approaches at hubs and regional airports,
Amendment 435 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 4
Paragraph 25 – indent 4
– enhancement of the negotiations within the Ia global market-based mechanism addressing international Civil Aaviation Organisation (ICAO) on the development of a global market-based mechanism addressing intemissions, that takes account of different types and levels of opernational aviation emissionsor activity, to be brought into force,
Amendment 529 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 1 a (new)
Paragraph 27 – indent 1 a (new)
- respect of the technical and operational specifications of SMEs like local and regional railways,
Amendment 554 #
2015/2005(INI)
Motion for a resolution
Paragraph 27– indent 3 a (new)
Paragraph 27– indent 3 a (new)
- targeted public funding to reduce railway noise,
Amendment 401 #
2015/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 473 #
2015/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
That licence shall be issued upon application, when the applicant has demonstrated its capability to discharge the responsibilities associated with its privileges in accordance with the essential requirements referred to in Article 9. The licence shall specify the privileges and responsibilities granted to the personnel and the scope of the licence.
Amendment 503 #
2015/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Unless otherwise established by the delegated acts adopted pursuant to Article 25, each flight simulation training device used for the training of pilots shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 505 #
2015/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Unless otherwise established by the delegated acts adopted pursuant to Article 25, persons responsible for providing flight training, flight simulation training or cabin crew training, or for assessing pilots' or cabin crew's skill, as well as aero-medical examiners, shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 539 #
2015/0277(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII and, if applicable, Annex VIII.
Amendment 612 #
2015/0277(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Air traffic controller training organisations, aero medical examiners and aero medical centres shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 675 #
2015/0277(COD)
Proposal for a regulation
Article 51 – paragraph 8
Article 51 – paragraph 8
8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate to eliminate those differences without undue delay but within a reasonable time frame. Where those differences cannot be eliminated, the Agency shall present the matter to the Commission.
Amendment 676 #
2015/0277(COD)
Proposal for a regulation
Article 51 – paragraph 9
Article 51 – paragraph 9
9. The Agency and the national competent authorities shall undertake the necessary and effective actions to increase and promote awareness of civil aviation safety and disseminate safety-related information relevant for the prevention of accidents and incidents.
Amendment 777 #
2015/0277(COD)
Proposal for a regulation
Article 61 – paragraph 6
Article 61 – paragraph 6
6. In order to inform the general public of the overall level of civil aviation safety in the Union, the Agency shall publish annually, or under special circumstances when needed, a safety review. That review shall contain an analysis of the general safety situation in wording that is simple and easy to understand and it shall indicate whether there are increased safety risks.
Amendment 872 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Agency should assist the Member States, and the Commission and the Agency shall cooperate onto address security matters related to civil aviation, including cyber security, with a view to ensuring that interdependencies between civil aviation safety and security are taken into account.
Amendment 12 #
2015/0009(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Sustainable growth in the European Union is based on investments into efficient infrastructure. According to the Commission, the estimated investment requirement for trans-European networks in the transport, telecommunications and energy sectors for the period up to 2020 is EUR 970 000 million. However, taking into account that the financial instrument for the trans-European networks is limited to EUR 33 242 million EFSI, shall contribute to the realisation of the trans- European networks.
Amendment 43 #
2015/0009(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB, the Chairperson of the Steering Group and the Managing Director of the Investment Committee should regularly report to the European Parliament and the Council on the progress and impact of the EFSI.
Amendment 47 #
2015/0009(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Sustainable growth in the European Union is based on investments into efficient infrastructure. According to the Commission, the estimated investment requirement for trans-European networks in the transport, telecommunications and energy sectors for the period up to 2020 is EUR 970 000 million. However, taking into account that the financial instrument for the trans-European networks is limited to EUR 33 242 million EFSI, shall contribute to the realisation of the trans- European networks.
Amendment 48 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support strategic investments in the Union and tosuch as transport infrastructure. EFSI shall furthermore ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 70 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
The Chairperson together with the Managing Director of the Investment Committee, as referred to in Article 3, paragraph 4, shall speak at least once a year in a joint hearing of the Committees in the European Parliament to give a progress report of the EFSI activities.
Amendment 71 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
For as long as the only contributors to the EFSI are the Union and the EIB, the number of members and votes within the Steering Board shall be allocated based on the respective size of contributions in the form of cash or guaranteeSteering committee shall consist of five members of which four should be appointed by the European Commission and one by the EIB. The Steering Board shall elect a Chairperson from among its members for a renewable fixed term of three years.
Amendment 77 #
2015/0009(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to cover the risks related to the EU guarantee to the EIB, a guarantee fund should be established. The guarantee fund should be constituted by a gradual payment from the Union budget. The guarantee fund should subsequently also receive rRevenues and repayments from projects that benefit from EFSI support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the EIB should be used to fund rail infrastructure grants in accordance with Regulations (EU) Nos 1316/2013 and 1315/2013.
Amendment 78 #
2015/0009(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Over time, the Union budget's contribution to the guarantee fund should be authorised by the European Parliament and the Council as part of the annual budgetary procedure. In the process, if necessary, the budgetary authority should make use of all surpluses and flexibility mechanisms under the Regulation laying down the multiannual financial framework for the years 2014- 2020.
Amendment 81 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The EFSI Agreement shall provide that the EFSI shall have an Investment Committee, which shall be responsible for examining potential operations in line with the EFSI investment policies and approving the support of the EU guarantee for operations i: 1. In line with Article 5, i 2. In line with the overall objectives of Regulation (EU) No 1316/2013 and Regulation (EU) No 1315/2013 as well as the TEN-T annual work programmes 3. With a proven economic, societal and sustainable added value regarding the promotion of jobs, skills, innovation and competiveness in the European Union, which could not have been carried out with existing EU funds and instruments. 4. Irrespective of their geographic location.
Amendment 94 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of transport infrastructure, including in the areas of transport, particularly in iand between industrial centres; energy, in particular energy interconnections; and digital infrastructure;
Amendment 99 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support strategic investments in the Union and tosuch as transport infrastructure. EFSI shall furthermore ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 112 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The EFSI Agreement shall provide that the EFSI shall have an Investment Committee, which shall be responsible for examining potential operations in line with the EFSI investment policies and approving the support of the EU guarantee for operations : 1.in line with Article 5, 2. In line with the overall objectives of Regulation (EU) No 1316/2013 and Regulation (EU) No 1315/2013 as well as the TEN-T annual work programmes 3. with a proven economic, societal and sustainable added value regarding the promotion of jobs, skills, innovation and competiveness in the European Union, which could not have been carried out with existing EU funds and instruments. 4. irrespective of their geographic location.
Amendment 166 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 167 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 170 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Endowments to the guarantee fund provided for in points (c) and (d) of paragraph 2Guarantee fund returns, any surpluses and amounts recovered from defaulting debtors in accordance with the recovery procedure laid down in the EFSI Agreement as provided for in Article 2(1)(f) shall constitute internal assigned revenues to fund rail infrastructure grants in accordance with Article 21(4) of Regulations (EU) No 966/2012s 1316/2013 and 1315/2013.
Amendment 173 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 a (new)
Article 8 – paragraph 5 – subparagraph 2 a (new)
The necessary appropriations to achieve the initial target amount shall be gradually authorised by both the European Parliament and the Council within the framework of the annual budgetary procedures up to the year 2020
Amendment 199 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Regulation (EU) No 1291/2013
Article 6
Article 6
Amendment 200 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Regulation (EU) no 1316/2013
Article 5
Article 5
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000. These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884). ’rticle 19 deleted 1316/2013
Amendment 7 #
2014/2244(INI)
Motion for a resolution
Recital B
Recital B
B. whereas most travellers continue to prefer individual transport, and whereas, given that creating EU-wide journey planners will not in itself be enough to achieve better integration of the various modes of transport, each of these transport modes needs to become more efficient and user friendly, and that process will be significantly assisted by, inter alia, the adoption of the Fourth Railway Package and the Regulation on air passengers’ rights;
Amendment 42 #
2014/2244(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes efforts in both the public and private sectors to introduce journey planners together with the required open standards and interfaces, but notes that many such services cover only specific regions or countries and that few are multimodal; calls therefore for all the stakeholthe transport services providers to focus more closely on providing multimodal, cross-border journey planners with tailored ticketing arrangements linking long- distance and local transport;
Amendment 59 #
2014/2244(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– to introduce, by 2020 at the latest, in close cooperation with the representatives of the transport sector, national timetable and fares information systems on the basis of open interfaces linking the timetablesravel data for regional and local urban public transport operated by both private and publicly owned companies, and to update such systems on a regular basis,
Amendment 63 #
2014/2244(INI)
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– to make provision by 2024 at the latest, on the basis of open interfaces, for the national timetable and fares information systems, with real-time information on local public transport operators’ timetables, to be networked on a cross-border basis;
Amendment 69 #
2014/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Shares the Commission’s view that fair and equal access for service providers to comprehensive, multimodal real-time transport and travel data is a prerequisite for EU-wide multimodal travel information, planning and ticketing services, and calls on the Commission to circulate a proposal requiring all providers to make available, on fair and equal terms, all the information needed for putting in place more comprehensive services and thereby enabling travellers to choose between the most sustainable, best-value or fastest connections, without prejudice to the economic interests of the operators involved;
Amendment 73 #
2014/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Shares the Commission’s view that fair and equal access for service providers to comprehensive, multimodal real-time transport and travel data is a prerequisite for EU-wide multimodal travel information, planning and ticketing services, and calls on the Commission to circulate a proposal requiring all providers to make available, on fair and equal terms, all the information needed for putting in place more comprehensive services and thereby enabling travellers to choose between the most sustainable, best-value or fastest connections, without prejudice to the economic interests of the operatotransport service providers involved;
Amendment 17 #
2014/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas RPAS regulations exist or are being developed in Austria, Denmark, France, Germany, Italy, Ireland, Spain, Poland and the UK1; whereas approved flying schools in Denmark, the UK and the Netherlands, and more than 500 licenced RPAS pilots in the Netherlands and the UK are already operational; __________________ 1 http://www.caa.co.uk/default.aspx?catid=1 995&pageid=16012
Amendment 71 #
2014/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that a clear, global, and harmonised and proportionate regulatory framework needs to be developed on a risk assessed basis, which avoids burdensome regulations for businesses that w to establish proportionate regulations allowing drone operations as soon as practically possible. The regulations should adeter investment and job creaquately protect citizens and foster investment to create sustainable and innovative jobs and improve working conditions;
Amendment 79 #
2014/2243(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that rules at EU and national levelthe EU rules should clearly indicate the provisions applicable to RPAS in relation to the internal market and international commerce (production, sale, purchase, trade and use of RPAS); believes also that the EU safety rules should contribute to the correct enforcement of privacy, data protection and any other applicable law, such as criminal, intellectual property, aviation and environmental law; the basic rules should be specified in a notice for purchasers;
Amendment 123 #
2014/2243(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that RPAS must be equipped with ‘see'detect-and-avoid' technology in order to detect aircraft using the same airspace, ensuring that RPAS do not put at risk the safety of manned aircraft, and in addition, take into account no-fly zones, such as airports and other critical infrastructure; urges therefore the Commission to provide for the necessary R&D budgets through the SESAR Joint Undertaking.
Amendment 140 #
2014/2243(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 86 #
2014/2242(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the provision of information to, and the participation of, EU citizens are crucial for transparent planning, development and decision- making in respect of urban mobility projects; stresses that this information should be publicly and easily accessible as well as it should aim for changing the mobility culture of EU citizens;
Amendment 122 #
2014/2242(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to take preventive measures, in accordance with the precautionary principle, to improve air quality in cities and to guarantee pollutant concentrations below the levels set in the World Health Organisation guidelines, in particular by providing freattractive, accessible and affordable public transport or by alternating traffic;
Amendment 150 #
2014/2242(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on theRequires Member States to reduce the use of cars running on traditional fuels in urban areas by 2030, set timetable for the gradual replacement of vehicles running on traditional fuels in order that the use of conventionally fuelled vehicles in urband to ban themransport could be halved by 20530 on aand gradual basisly phased out by 2050;
Amendment 173 #
2014/2242(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the EU andInvites the EU to support and encourage national and local authorities to draw up electric mobility plans as well as innovative infrastructure projects applicable to the local circumstances, which gives priority to trams, urban trains, buses, sky ropes, electric bicycles and shared/pooled e-cars;
Amendment 204 #
2014/2242(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 251 #
2014/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the importance of SUMPs for achieving EU targets in respect of CO2 emissions, noise, air pollution and accident reduction; considers that the development of SUMPs should be a precondition for financing EU projects in the area of urban transportEU financing and informational support of projects in the area of sustainable urban transport could provide incentives for development and implementing of SUMPs in the cities; at the same time demands the cities to prepare long – term financing plans and to continuously inform about the progress made in developing and implementing of these plans;
Amendment 272 #
2014/2242(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Wants to prevent social exclusion of groups of the citizens due to their limited access to public transport and hence mobility, and calls for the Commission to propose a catalogue with requirements and incentives to adapt urban transport systems to persons with limited possibility of movement via guidelines and financial support;
Amendment 376 #
2014/2242(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States and local authorities to rethink speed management in cities and to introduce a defaultsafe speed limit of 30 km/h by 2020;
Amendment 423 #
2014/2242(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the ‘use of revenues' principle with regard to road charging, and requests that 50 %proportionate percent of Eurovignette revenue be dedicated to sustainable improving of urban mobility and that 75 %s well as a suitable percent of urban tolls be used for constant developing and maintaining urban transport infrastructure;
Amendment 443 #
2014/2242(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the Commission to also set aside at least 20 %ppropriate amount of EU transport funds for sustainable urban mobility projects when reviewing regional, cohesion and European Fund for Strategic Investments budgets;
Amendment 470 #
2014/2242(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Is convinced that additional effort should be made to not only improve the urban mobility within the cities but also to create efficient transport network to and from the suburban and rural areas as well as convenient connections with other regions and European transport systems;
Amendment 173 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends new quality standards for development of educational tourism and historical heritage, addressed especially to young generations;
Amendment 3 #
2014/2111(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the Agency’s vital's role in ensuring the safety and interoperability of rail systems in Europe; also notes that a review of the Agency’sthe European rail system; notes furthermore that a review of the Agency's role (e.g. one-stop-shop for vehicle authorisation and safety certification) and powers is currently under way as part of the Fourth Railway Package; stresses that should it be accorded greater powers, the Agency will need to be given the necessary financial, material and human resources it needs to perform its tasksnew and additional tasks comprehensively and successfully;
Amendment 5 #
2014/2111(DEC)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Highlights the Agency's vital role in ensuring the safety and interoperability of rail systems in Europe; notes furthermore that a review of the Agency's powers is currently under way as part of the Fourth Railway Package; stresses that should it be accorded greater powers, the Agency will need to be given the financial, material and human resources it needs to perform its tasks successfully;
Amendment 13 #
2014/2111(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Regrets that the recruitment procedure for the ICC post was lengthy and that as of January 2014, the selected candidate had not yet started working at the Agency;
Amendment 14 #
2014/2111(DEC)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Notes with concern that the Court indicates in its annual audit report for 2012 that the Agency does not comply with its Internal Control Standard regarding business continuity and that no approved IT Business Continuity and Disaster Recovery plans exist; acknowledges that the Agency has decided to implement adequate measures in order to ensure the continuity of the IT services and systems that are horizontal to the Agency's business; calls on the Agency to inform the discharge authority on actions implemented;
Amendment 14 #
2014/2111(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a single location for the Agency, in a place easily accessible for the Agency's staff and the ERA meetings' attendees (incl. ERA Administrative Boards and its Sub-committee, ERA Working Parties, Task Forces or other meetings) by public transport in order to save scare resources and increase its efficiency.
Amendment 15 #
2014/2111(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply concerned that the Agency isDeplores the fact that using two locations (Lille and Valenciennes) to carry out its activities which thus exposes the Agency to additional costs; acknowledges the efforts made by the Agency to minimise the negative impact of the decision on its seat as well as the difficulties encountered in the process;
Amendment 15 #
2014/2111(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance of the Agency improving its recruitment procedures as rapidly as possible, this measure having been commenced in 2011, so as to ensure business continuity and to prevent loss of knowledge and experience as well as transparency and equal treatment for applicants.
Amendment 16 #
2014/2111(DEC)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the need for the Agency to comply with its Internal Control Standard regarding business continuity and to set up IT Business Continuity and Disaster Recovery plans.
Amendment 2 #
2014/2075(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2013 / Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2013;
Amendment 5 #
2014/2075(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 8 #
2014/2075(DEC)
Proposal for a decision 3
Paragraph 1
Paragraph 1
1. Grants the Director of the Executive Agency for Small and Medium-sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Executive Agency for Small and Medium- sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 11 #
2014/2075(DEC)
Proposal for a decision 4
Paragraph 1
Paragraph 1
1. Grants the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 14 #
2014/2075(DEC)
Proposal for a decision 5
Paragraph 1
Paragraph 1
1. Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 17 #
2014/2075(DEC)
Proposal for a decision 6
Paragraph 1
Paragraph 1
1. Grants the Director of the Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 20 #
2014/2075(DEC)
Proposal for a decision 7
Paragraph 1
Paragraph 1
1. Grants the Director of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Trans-European Transport Network Executive Agency (formerly the Trans- European Transport Network Executive Agency) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 23 #
2014/2075(DEC)
Proposal for a decision 8
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the general budget of the European Union for the financial year 2013 / Postpones the closure of the accounts of the general budget of the European Union for the financial year 2013;
Amendment 35 #
2014/2075(DEC)
Motion for a resolution
Heading after recital E
Heading after recital E
Shared management: DeficiencieConcerns ion the Commission’s and Member States’ management
Amendment 38 #
2014/2075(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Cannot politically ensure that the control procedures put in place in the Commission and the Member States give the necessary guarantees concerning the legality and regularity of all the underlying transactions in agriculture and rural development as demonstrated by the followingIs concerned by the number of reservations issued by the Director General of DG AGRI in its annual activity report of 31 March 2014:
Amendment 55 #
2014/2075(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Cannot politically ensure that the control procedures put in place in the Commission and the Member States give the necessary guarantees concerning the legality and regularity of all underlying transactions in regional policy as demonstrated by theIs concerned by the number of reservations issued by the Director General of DG REGIO in its annual activity report of 31 March 2014; 73 of 322. Takes note of the improvements of programmes that have been put under reservations as a consequence of partially reliable management and control system (in 2013 (33 of 322) as compared to 2012 (85 of 317 OPs in 2012); the interim payments made to those 2007- 2013 programmes under reservation equal EUR 6 035,5 million; the Commission estimated the amount at risk at EUR 440,2 million);
Amendment 57 #
2014/2075(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that while these reservations are an indication of deficiencies in the Member States' control systems, they are also an effective instrument used by the Commission to accelerate action by the Member States to remedy these deficiencies and thus protect the EU budget;
Amendment 58 #
2014/2075(DEC)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Point out that the high number of reservations made in the 2013 AAR confirms the well-functioning of the control procedures put in place in the Commission and Member States;
Amendment 59 #
2014/2075(DEC)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the Court confirms in its 2013 Annual Report DG REGIO's estimate of the lower error rate (2,9%) based on figures provided by Member States and agrees with the reservations made by DG REGIO in the 2013 AAR;
Amendment 63 #
2014/2075(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Cannot politically ensure that the control procedures put in place in the Commission and the Member States give the necessary guarantees concerning the legality and regularity of all the underlying transactions in employment and social affairs as demonstrated by theIs concerned by the number of reservations issued by the Director General of DG EMPL in its annual activity report onf 31 March 2014; i. Its annual activity report contains a reservation relating to payments made for the 2007-2013 programming period for an amount at risk of EUR 123,2 million in 2013; these reservations covered 36 of 118 the European Social Funds (ESF) Operational Programmes (compared to 27 out of 117 OPs in 2012):, taking into account the social and financial crisis of the 2007- 2013 period;
Amendment 67 #
2014/2075(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply rRegrets that payments remain,the Court of Auditors still finds payments affected by errors for the twentieth year in a row, materially affected by error;
Amendment 69 #
2014/2075(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the most likely error rate for payments in the 2012 financial year was estimated at 4,8 %, in the 2011 financial year 2011 at 3,9 %, in the 2010 financial year at 3,7 % and in the 2009 financial year at 3,3 %; notes that the Court of Auditors' annual reports therefore show a steady upward trend since 2009. Despite the fact that 2009 was a critical year of the financial crisis, and, taking into account the multiannual effect of the EU budget, welcomes the slight improvement from 2012 to 2013;
Amendment 79 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 9
Subheading after paragraph 9
Amendment 81 #
2014/2075(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the financial corrections reported aand recoveries implemented in 2013 dropped from EUR 3,74.4 billion in 2012 to EUR 2,53.3 billion in 2013 and recalls that the high financial correction in 2012 was mainly due to a single. This decrease is due to a case related to the implementation in 2012 of a financial correction of EUR 1,.8 billion correction in Spain rectifying structural funds expenditures duringncerning Cohesion programmes for the period 2000- 2006; in Spain.
Amendment 86 #
2014/2075(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that this decreasee resulting decrease by 34% of financial corrections implemented in 2013 (from EUR 3.7 billion to EUR 2.5 billion) was partially compensated by an increase of 27% of recoveries implemented: in 2013 (from EUR 0,.7 billion to EUR 0,.9 billion;).
Amendment 87 #
2014/2075(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges that due to the legal framework for protecting the Union financial interests, the complexity of the related procedures and the number of control layers involved in many areas, errors are only corrected several years after they have occurred.
Amendment 89 #
2014/2075(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the average amount of financial corrections and recoveries implemented for 2009-2013 was EUR 2,7 billion which represents 2,1% of the average amount of payments from the Union budget in that period and that according to the Commission, the abovementioned trend can be explained by the closure of the programming period 2000-200682 ; notes in particular that for cohesion policy, four-fifths of corrections made during the years 2007 to 2013 relate to operational programmes for earlier periods83 ; __________________ 82See Communication on the protection of the EU Budget to end 2013, COM (2014) 618 page 11. 83See Court of Auditors' Annual Report for 2013, point 1.14Member States have the right to substitute detected ineligible expenditure with legal and regular one in order to optimise the use of Cohesion spending, in full accordance to the legal framework and as an incentive for efficient controls at Member States level.
Amendment 91 #
2014/2075(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 95 #
2014/2075(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 98 #
2014/2075(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that the abovementioned Commission communication of 29 September 2014 does not necessarily provide reliable information on withdrawals, recoveries and pending recoveries of structural funds made by the Member States since the Commission states that it had to adopt a prudent approach duethat the Commission has taken a prudent approach, due to certain weaknesses in the Member State figures, so as to ensure that the above amounts are not overstated85. Calls the Commission to take measures to improve the reliability of information reported by Member States on financial corrections, particularly regarding: - the performance of an annual risk assessment on data reported by Member States, - contacts with the certifying authorities to clarify the reported data when inconsistencies are found, - the performance of on-the-spot audits to cvertain weaknesses in the Member States figures, so as to ensure that the above amounts are not overstated85 ify the accounting system of the certifying authorities and the reliability of data reported on financial corrections based on the risk assessment results; coverage of such audits was increased in 2014 to obtain additional assurance; __________________ 85 See Commission communication COM(2014)0618, table 7.2.
Amendment 100 #
2014/2075(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Demands thatAsks the Commission and the Member States to put in place sound procedures to confirm the timing, the origin and the amount of corrective measures and to provide information reconciling as far as possible the year in which payment is made, the year in which the related error is detected and the year in which recoveries or financial corrections are disclosed in the notes to the accounts, taking into account the pluriannuality of the whole procedure;
Amendment 104 #
2014/2075(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note that the Commission Directors-General made a total of 17 quantified reservations relating to the expenditure; points out that the lower number of quantified reservations in 2013 (21 in 2012) did not have the effect of reducing the scope of the amount at risk and that the maximum total amount at risk announced by the Commission in its synthesis report86 is below EUR 4 179 million which corresponds to 2,8% of all expenditure disbursed;. __________________ 86 Commission communication of 11.6.2014 entitled 'Synthesis of the Commission's management achievements in 2013' (COM (2014)0324), p. 14: maximum total amount at risk for the entire 2013 expenditure (EU and EDF budget).
Amendment 106 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 19
Subheading after paragraph 19
Amendment 108 #
2014/2075(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is concerned by the fact that due to the unacceptable position of the Council during the negotiations and despite the high level of payments, the accounts show that outstanding financial commitments and other liabilities continued to grow in 2013: notes that at the year end, they stood at EUR 32288 billion and the figure is likely to rise in 2014; __________________ 88 Of the EUR 322 billion, EUR 222 billion represents outstanding budgetary commitments and EUR 99 billion relate to balance sheet liabilities not covered by outstanding commitments.
Amendment 112 #
2014/2075(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that in times of economic crisis financial resources are scarce; notes, however, that for large parts of the budget, the maximum level of expenditure under the Multiannual Financial Framework headings is broken into yearly allocations per Member State; observes that the way funds are absorbed by Member States often becomes the main policy objective (‘use it or lose it’)90 ; calls therefore on the Commission and Member States to promote a shift from spending to performance culture focussing on the results achieved; __________________ 90 Ibid.
Amendment 113 #
2014/2075(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 117 #
2014/2075(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. ObservNotes that, by the end of 2013, 941 financial engineering instruments (FEI) had been set up under 176 European Regional Development Funds (ERDF) and European Social Funds (ESF) Operational Programmes (OP) in 25 Member States; is particularly concerned that only 47% of the EUR 14,3 billion that had been paid EUR 6.7billion of OP contributions have been paid out to final recipients, which is a significant increase compared to EUR 4.7 billion which were paid out by the end of 2012. Observes that the average disbursement rate of 47% at the end of 2013 masks a certain variation between funds and Member States. Average disbursement covers all 900 funds: those established in 2008 as well those newly established in 2013 for which implementation was only starting. While some funds are underperforming there are others which have already achieved 100% absorption and are now re-investing revolving funds. Recalls that specific provisions have been introduced in the Common Provisions Regulation (EU) No 1303/2013 to ensure that payments to the FEIs had actually been paid out to final beneficiarieestablished and supported by ESI funds in the period 2014-2020 are linked to the amounts of eligible expenditure of such instruments;
Amendment 126 #
2014/2075(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that considering the pressure on the budget for payments and the fact that Article 140(7) of Regulation (EU, Euratom) No 966/2012 (the Financial Regulation) requires that excessive balances should be avoided on financial instruments the Commission ensures that contributions from the Union budget to such instruments reflect real cash-flow need; Welcomes the safeguards in the legislative framework which ensure that: 1) ESIF contribution will reflect market needs thoroughly assessed in ex-ante assessment , and 2) ESIF contribution will be paid in phased instalments reflecting the progress in implementation on the ground, hence, the ESIF contribution to the FIs linked to the disbursement to final beneficiaries and excessive balances on the accounts avoided.
Amendment 135 #
2014/2075(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Takes note of the Commission communication of 28 October 2014 entitled 'On the adoption of the inter- institutional working group recommendations for the establishment and use of national declarations' (COM(2014)0688); regrets the lack of substantial progress to improve the financial management which could lead to a continuous loss of Union money due to wrong decisions at political and managerial level; calls for a sanction system if Member States transmit incorrect programme information and declarations;
Amendment 139 #
2014/2075(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that the lack of reliability of the first level checks performed by the Member States in shared management undermines the credibility of the annual activity reports drafted by the Commission services and the Synthesis report adopted by the Commission as they are partially based on the results of the checks performed by the national authorities; rReiterates its previous demand that the Commission evaluate and, if needed, correct the Member States data in order to establish reliable and objective annual activity reports;
Amendment 143 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 35
Subheading after paragraph 35
Amendment 156 #
2014/2075(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 190 #
2014/2075(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Stresses that the reservations introduced by the Director-General of DG AGRI into its 2013 annual activity report confirm the alarming state of play in market measures as seven aid schemes in nine Member States are targeted, in particular the sectors of fruit and vegetables, the restructuring of vineyards, wine investment, export refunds for poultry and the school milk scheme;.
Amendment 194 #
2014/2075(DEC)
Motion for a resolution
Paragraph 57
Paragraph 57
Amendment 209 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 65
Subheading after paragraph 65
Procedures to ensure recovery of undue payments
Amendment 211 #
2014/2075(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. States that until the end of 2012 out of EUR 6.7 million of debts relating to these claim years EUR 2,3 million was borne by the Union under the 50/50 rule despite the delay observed by the Court of Auditors in the notification procedure and fears that the money would be definitely lost for the Union budget;
Amendment 212 #
2014/2075(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Is also concerned by the findings of the Court as regards the fact that Italian authorities did not record whether debts were due to irregularities or administrative errors which could potentially lead to charging the Union budget;
Amendment 217 #
2014/2075(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
Amendment 228 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 82
Subheading after paragraph 82
Requests to the Commission, the Member States and the Court of Auditorcommendations concerning agriculture and rural development
Amendment 233 #
2014/2075(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Asks to the Commission to draft proposals with a view to sanctioning false or incorrect reporting by paying agencies including the three following dimensions, namely inspection statistics, statements by the paying agencies, and the work carried out by the certification bodies; asks that the Commission be empowered to withdraw the accreditation of the paying agencies in cases of grave misrepresentations;
Amendment 236 #
2014/2075(DEC)
Motion for a resolution
Paragraph 91
Paragraph 91
Amendment 248 #
2014/2075(DEC)
Motion for a resolution
Paragraph 98 a (new)
Paragraph 98 a (new)
98a. Draws attention to the multiannuality of the cohesion policy management system and underlines that the final evaluation of irregularities related to the policy implementation will be possible only at the closure of the programming period;
Amendment 251 #
2014/2075(DEC)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Emphasises that in 17 cases of quantifiable errors made by final beneficiaries, the national authorities had sufficient information to prevent, detect and correct the errors before declaring the expenditure to the Commission; notes that had all this information been used to correct errors, the most likely error estimated for this chapter would have been three percentage points lower;
Amendment 254 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 101
Subheading after paragraph 101
Amendment 256 #
2014/2075(DEC)
Motion for a resolution
Paragraph 102 a (new)
Paragraph 102 a (new)
102a. Observes that, following its analysis of the ACRs, DG Regional and Urban policy considers that it can confirm the audit opinions of the audit authorities for 304 programmes (94%). This includes 76 OPs with unqualified opinions and 110 with qualified opinions and 118 programmes (37%) for which the audit authority expressed an unqualified audit opinion but the Directorate-General expressed a qualified opinion with moderate impact, a category of audit opinion that is not available to audit authorities under the regulation. Notes that this category of audit opinion means that any improvements needed are of a minor importance and thus do not jeopardise the assurance;
Amendment 260 #
2014/2075(DEC)
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 324 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 133
Subheading after paragraph 133
Amendment 355 #
2014/2075(DEC)
Motion for a resolution
Paragraph 149
Paragraph 149
149. DeploRegrets the fact that for nine transactions relating to the national programme for pre-accession, the Commission at its own initiative and in violation of Article 88 of the Financial Regulation and 100 of its Rules of Application validated expenditure of EUR 150 million in the absence of supporting documentation which would have enabled it to confirm that the expenses had actually been incurred, that they were accurately reflected in the amounts accepted and that they were eligiblehas used an accounting procedure to provisionally clear amounts based on estimates, rather than on the basis of incurred, paid and accepted costs proven by supporting documents120 ;. __________________ 120 See Court of Auditors' Annual Report for 2013, point 7.16.
Amendment 358 #
2014/2075(DEC)
Motion for a resolution
Paragraph 150
Paragraph 150
150. DeplorUrges the fact that the Declaration of assurance of Directorate- General for Enlargement is irregular as it stated on 31 March 2014 that all procedures were in place to ensure the legality and regulCommission to put a system in place, and implement it without delay, to ensure that the clearityng of transactions even though, at that time, 20 % of all expenditure booked by that DG was based on estimatepre- financing is made on the basis of correctly incurred and reported costs;
Amendment 377 #
2014/2075(DEC)
Motion for a resolution
Subheading after paragraph 160
Subheading after paragraph 160
Amendment 378 #
2014/2075(DEC)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Notes that in 2013 payments of bilateral assistance to Ukraine, funded from the European Neighbourhood and Partnership Instrument (ENPI) budget, amounted to EUR 152,8 million; notes that 42,5% of these payments (EUR 64,9 million) are linked to contracts directly managed by the Union delegation to Ukraine; notes that the remaining 57,5% (EUR 87,9 million) were disbursed in the form of budget support;
Amendment 379 #
2014/2075(DEC)
Motion for a resolution
Paragraph 162
Paragraph 162
162. Emphasises that budget support payments are conditional on the achievement of jointly agreed results and benchmarks; notes that the beneficiary government commits to these results and benchmarks by signing a bilateral financing agreement and if results and benchmarks are not achieved, payments are not disbursed;
Amendment 2 #
2013/2228(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a single seat. The Agency shall be based at a single location being easily accessible by public transport in order to save scarce resources and increase the efficiency of the Agency.
Amendment 10 #
2013/2228(DEC)
Motion for a resolution
Paragraph 4a (new)
Paragraph 4a (new)
4a. Calls for a single location for the Agency, which is to be based at a single location easily accessible by public transport in order to save scare resources and increase the efficiency of the Agency;
Amendment 5 #
2013/2204(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Supervisor to implement the recommendations made by the Commission's internal audit service (IAS); believeexpects that logistics and human resources units will improve efficiency with their implementation;
Amendment 6 #
2013/2204(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Hopes thatExpects to be informed about the full operability of the system towhich defines key performance indicators and the benchmarking system plan set in 2012 is already fully operational; expects next year's annual activity rep; calls on the Supervisort to assess in detail the improvements achieved by that system in its next year's annual activity report;
Amendment 1 #
2013/2197(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasizes the role of Parliament and of other institutions within the discharge procedure as governed by the provisions of the Financial Regulation, in particular Articles 164 to 166 thereof;
Amendment 2 #
2013/2197(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that the Council continues not to provide any answer to Parliament's questions; recalls the conclusions of the European Parliament workshop on Parliament's Right to Grant Discharge to the Council held on 27 September 2012 at which the legal and academic experts largely agreed on the Parliament's right to information; in this respect refers to Article 15 TFEU which stipulates that each institution, body, office or agency shall ensure that its proceedings are transparent;
Amendment 5 #
2013/2197(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Finds that Parliament and the Council could make some progress setting up together a ‘"modus vivendi’" procedure with a list of documents to be exchanged in order to fulfil their respective roles in the discharge process; in this respect, encourages the Council to seek a political solution to the Council discharge regardless the different legal views which the Parliament and the Council continue to hold;
Amendment 6 #
2013/2197(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note that the ‘EuropaUROPA building’ project continues to be closely monitored and that some of the audit recommendations are still lagging behind execution; calls on the Council to inform the discharge authority about the construction progress and the final costs projection compared to the initial budget of EUR 240 million; invites the Council to explain any cost increases incurred between the beginning of the construction works in 2008 and the projected completion of the EUROPA building in 2014;
Amendment 32 #
2013/0445(NLE)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The European Parliament resolution of 10 September 2013 on promoting a European transport-technology strategy for Europe's future sustainable mobility (2012/2298(INI)) identified among others the need of development of sustainable infrastructure elements in support of a shift to using renewable primary products such as wood or compound material as railway infrastructure components.
Amendment 69 #
2013/0445(NLE)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
Amendment 103 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 1 – point 3 – point c
Annex 1 – part 1 – point 3 – point c
(c) Cost-efficient, sustainable and Reliable High Capacity Infrastructure;
Amendment 121 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 4
Annex 1 – part 4 – point 4
4. The minimum own contribution required in order to become an Associated Member shall be 2.5% of the total budget of the Innovation Programme in which it participates.
Amendment 124 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point a
Annex 1 – part 6 – paragraph 1 – point a
(a) twohree representatives from the Commission;
Amendment 130 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c
Annex 1 – part 6 – paragraph 1 – point c
(c) at least onetwo representative of Associated Members per Innovation Programme, referred to in clause 1(3). These representatives will be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.
Amendment 136 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 7 – point 5 – paragraph 4 a (new)
Annex 1 – part 7 – point 5 – paragraph 4 a (new)
The chairperson or vice-chair person of the European Parliament's Transport Committee shall have the right to participate in the meeting of the Governing Board as observer.
Amendment 20 #
2013/0344(COD)
Proposal for a directive
Recital 3
Recital 3
(3) While the application of Directive 2003/87/EC continues to be based on arrival at or departure from aerodromes in the Union, in order to be a simple and workable means to limit the application of regional market-based measures for the 7 years until a global market-based measure begins operation, the percentages have been calculated by Eurocontrol on the basis of the proportion of the Great Circle Distance between the main airports in the EEA and in third countries that is not more than 12 miles beyond the furthest point of EEA coastline. Since the Union does not consider that a global market-based measure should be based on actual airspace considerations, as compared to the arrival or departure from aerodromes, the relevance of the percentages is limited to the period up to 2020. If a global market- based measure is not agreed at ICAO’s 39th Assembly, then from 1 January 2017 until the end of 2020 the percentage of emissions that will require the surrender of allowances will be 50% of each departing and arriving flight, to improve coverage and environmental integrity.
Amendment 44 #
2013/0344(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) emissions from flights to and from countries outside the European Economic Area (EEA) in each calendar year between 2014 and 202016 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with Annex IIc, or calculated in accordance with paragraph 6;
Amendment 46 #
2013/0344(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 28a – paragraph 1 – point b a (new)
Article 28a – paragraph 1 – point b a (new)
(ba) emissions from flights to and from countries outside the European Economic Area (EEA) in each calendar year between 2017 and 2020, where the operator of such flights has surrendered allowances in respect of 50% of their verified emissions from those flights, if the 39th ICAO Assembly fails to agree on a global market-based measure that applies to the majority of international aviation emissions and that is effective as of 2020;
Amendment 47 #
2013/0344(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 28a – paragraph 1 – b b (new)
Article 28a – paragraph 1 – b b (new)
Amendment 21 #
2013/0297(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is particularly important that the Commission carry out the appropriate consultations during its preparatory work, including at expert level which comprises the rail sector. The Commission should, when preparing and drawing up delegated acts, ensure simultaneous, timely and appropriate submission of the relevant documents to the European Parliament and to the Council.
Amendment 104 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to packages offered for sale or sold by traders to travellers, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1), under the conditions and to the extent set out in its respective provisions, to packages offered for sale or sold by traders to travellers, assisted travel arrangements and stand- alone travel services.
Amendment 114 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 128 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 5 – introductory part
Article 3 – point 5 – introductory part
(5) ‘assistlinked travel arrangement’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a retailer facilitates the combination: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 184 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. The contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses proved to have been saved by the organiser which cannot be recuperated from the service providers or through alternative deployment of the services. Fees due for the termination of the contract, including administrative fees, shall not be disproportionate nor excessive. The organiser shall provide a statement of reasons for the calculation of the amount of the compensation or the standardised termination fees.
Amendment 234 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Member States shall allow organisers of packages, retailers facilitating the procurement of assisted travel arrangements and passenger carriers established outside of their territory or outside the Union to obtain insolvency protection under their national insolvency protection schemes.
Amendment 246 #
2013/0246(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Amendment 247 #
2013/0246(COD)
Proposal for a directive
Article 18 c (new)
Article 18 c (new)
Article 18 c Right of withdrawal 1. Member States shall ensure that the traveller has a period of 24 hours to withdraw from a distance contract for a package, assisted-travel arrangement or stand-alone travel service, and seven days to withdraw from an off-premises contract, without giving any reason and without incurring any costs, provided that he gives the trader a notice on a durable medium at least 48 hours before the start of the travel service. 2. The trader shall reimburse all payments received from the traveller, without undue delay and not later than 14 days from the day on which he is informed of the traveller's decision to withdraw from the contract. 3. If the trader has not provided the traveller with information on the right of withdrawal in a clear and prominent manner, the traveller shall have the right to terminate the contract without penalty. 4. Member States shall ensure that an intermediary retailer is entitled to recuperate all payments made to a service provider in the period between the conclusion of the contract and the day on which he was informed of the traveller's decision to withdraw from the contract.
Amendment 66 #
2013/0224(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to reduce carbon dioxide emissions from shipping at Union level the best possible option remains implementing a market-based measure where setting up a system for monitoring, reporting and verification (MRV) of CO2 emissions based on the fuel consumption of ships ais a first step of a staged approach for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment.
Amendment 73 #
2013/0224(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A robust ship-specific Union MRV system should be based on the calculation of emissions from fuel consumed on voyages from and to Union ports as fuel sales data could not provide appropriately accurate estimates for the fuel consumption within this specific scope due to the large tank capacities of ships. In addition, while a measurement system based on bunker delivery notes might provide a low administrative burden for ship owners, it would create a high administrative burden for Member States without providing accurate fuel consumption data. A robust MRV system cannot be based on such an inaccurate basis.
Amendment 79 #
2013/0224(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The rules should take into account existing requirements and data already available on board of ships; therefore, sShip owners should be given the opportunity to select one out of the following fourtwo monitoring methods: the use of Bunker Fuel Delivery Notes, bunker fuel tank monitoring,o ensure accuracy: flow meters for applicable combustion processes or direct emission measurements. A ship specific monitoring plan should document the choice made and provide further details on the application of the selected method.
Amendment 81 #
2013/0224(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Other greenhouse gases, climate forcers or air pollutants should not be covered by the Union MRV system at this stage to avoid requThe Union MRV system is an opportunity to ensure coherent regulation of the shipping sector with regard to all air ements to install not sufficiently reliable and commercially available measurement equipment, which could impede the implementation of the Union MRV systemissions. Thus the MRV will require the monitoring of CO2, SOx and NOx. This is a necessary measure to ensure that the legislation enacted to reduce the growing adverse health effects from shipping air pollution is complied with.
Amendment 82 #
2013/0224(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To minimise the administrative burden for ship owners and operators, reporting and publication of reported information should be organised on an annual basis. By restricting the publication of emissions, fuel consumption and efficiency-related information to annual averages and aggregated figures, confidentiality issues should be addressed. On the other hand it is important to provide charterers and other industry stakeholders with route specific data to ensure market barriers are removed and the most efficient ships are rewarded. The data reported to the Commission should be integrated with statistics to the extent that these data are relevant for the development, production and dissemination of European statistics in accordance with Commission Decision 2012/504/EU of 17 September 2012 on Eurostat18 . __________________ 18 OJ L 251, 18.9.2012, P. 49 OJ L 251, 18.9.2012, P. 49
Amendment 95 #
2013/0224(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2)air emissions and other climate relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State in order to promote the reduction of CO2air emissions from maritime transport in a cost effective manner.
Amendment 97 #
2013/0224(COD)
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) ‘'emissions’' means the release of CO2, SOx and NOx into the atmosphere by ships as provided for in Article 2;
Amendment 126 #
2013/0224(COD)
Proposal for a regulation
Article 9 – points c a (new) and c b (new)
Article 9 – points c a (new) and c b (new)
(c a) NOx emitted; (c b) SOx emitted;
Amendment 143 #
2013/0224(COD)
Proposal for a regulation
Article 10 – point b
Article 10 – point b
(b) total CO2 emittedof each pollutant regulated hereunder: SOx, NOx and CO2;
Amendment 174 #
2013/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) annual CO2, SOx and NOx emissions;
Amendment 185 #
2013/0224(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 2
Article 26 – paragraph 1 – point 2
Regulation (EU) No 525/2013
Article 21 a – point 1 (new)
Article 21 a – point 1 (new)
Amendment 186 #
2013/0224(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 2
Article 26 – paragraph 1 – point 2
Regulation (EU) No 525/2013
Article 21 a – point 2 (new)
Article 21 a – point 2 (new)
The Commission shall be empowered to adopt delegated acts in accordance with [Article 25 of this Regulation] to specify the requirements for the monitoring and reporting of CO2, SOx and NOx emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No XXXX/XXXX and taking into account, where applicable, relevant decisions adopted by the bodies of the UNFCCC and the Kyoto Protocol or agreements deriving from them or succeeding them or decisions adopted in the context of the International Maritime Organisation.
Amendment 187 #
2013/0224(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 2
Article 26 – paragraph 1 – point 2
Regulation (EU) No 525/2013
Article 21 a – point 3 (new)
Article 21 a – point 3 (new)
The Commission shall adopt implementing acts to set out the structure, format and process for the Member states' submission of CO2, SOx and NOx emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No XXXX/XXXX. These implementing acts shall be adopted in accordance with the examination procedure referred to in [Article 26(2)].“"
Amendment 28 #
2013/0186(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Improvements in the environmental performance of ATM also directly contribute to the achievement of the objectives contained in the Paris Agreement and in the Commission’s European Green Deal, in particular through the reduction of aviation emissions. Due consideration shall be given to the ANSPs’ limited area for action on this topic. The impact of other aviation stakeholders on ATM performance should be monitored.
Amendment 31 #
2013/0186(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures for appointing staff should be set up at national level and contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority which does not directly exert ownership rights over air navigation service providers.ensuring transparency of the decision-making process1a. __________________ 1aRecruitment processes are regulated by local legislation, very often the CEO or DG of ANSP is directly appointed by the State which in most States is also the owner of the ANSP
Amendment 37 #
2013/0186(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In line with its roles as an operational organisation and the continuing reform of the sector, the function of the Network Manager should be understood as and further developed towards an industry-led partnership.1a __________________ 1aFrom Recital 23 of the EC’s proposal from 2013 and adopted by EP
Amendment 38 #
2013/0186(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The safety certification and safety oversight of air navigation service providers are conducted by the national competent authorities or by the European Union Aviation Safety Agency (the Agency), in accordance with the requirements and processes laid down in Regulation (EU) 2018/1139. Additional requirements related to financial robustness, liability and insurance cover are necessary for the provision of air navigation services and should be subject to an economic certificate. An air navigation service provider should only be able to offer services in the Union where it holds both a safety certificate and the economic certificate.
Amendment 43 #
2013/0186(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) There should be no discrimination between airspace users as to the provision of equivalent air navigation services. This does not apply when different airspace users are treated differently on the basis of an amended performance and charging scheme, which allows for differentiation of charges based on the level of service.
Amendment 51 #
2013/0186(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 61 #
2013/0186(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditionsimprove the performance of the air navigation services. The performance scheme should aim at clearly defined, achievable outcomes, respect the air navigation service providers’ management decisions and not prescribe measures to reach the targets. The performance and charging schemes should not cover terminal air navigation services supplied under market conditions1a. __________________ 1aThe performance and charging should be aimed at improving all key performance areas and not just cost efficiency. Furthermore, the non- application of the performance and charging schemes should only apply to specific air traffic services and not services procured under market conditions by ATSPs subject to the schemes. This change is also reflected in a proposed amendment to Article 19(5). Air traffic services providers are responsible for their own performance and results, but should not be held responsible for those impacts which derive from factors beyond their control.
Amendment 64 #
2013/0186(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to promote better service quality, the performance and charging schemes should include relevant and appropriate outcome-based incentives. Financial incentives should be set with a view to encouraging better air navigation service performance in a balanced and symmetrical manner by rewarding or penalising actual performance in relation to the binding performance targets. Evaluation of financial incentives should be based on a clear focus on effects attributable to air navigation service providers and taking due account of impacts stemming from actions of other stakeholders.1a __________________ 1aAir traffic services providers are responsible for their own performance and results, but should not be held responsible for those impacts which derive from factors beyond their control. Furthermore, any potential financial incentive schemes should be designed in an appropriate balanced and symmetrical manner that ensures genuine stimulus to ANSPs to focus on improved performance outcomes. By extension, the proposals to extend the financial incentives to the deployment of specific ATM functionalities is deleted. This is on the basis that infringement procedures already serve as a mechanism to ensure timely compliance. The addition of any further penalty schemes would necessitate highly complex schemes in order to address the significant interrelationships between deployment actions and performance outcomes which would likely render them ineffective.
Amendment 66 #
2013/0186(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.
Amendment 67 #
2013/0186(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in this Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.
Amendment 68 #
2013/0186(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) The European Union Aviation Safety Agency acting as Performance Review Body (hereafter the “Agency acting as PRB”) that should have a permanent structure, guaranteeing that the tasks conferred upon the Agency acting as PRB be carried out with the required expertise as well as independence from public or private interests and that can rely on dedicated resources; a Regulatory Board for Performance Review should be established and a Director for Performance Review should be appointed in order to carry out specifically the functions of the Agency acting as PRB; the Regulatory Board for Performance Review should act independently and should not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission or any other public or private entity.
Amendment 69 #
2013/0186(COD)
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) The Director for Performance Review should be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as an independent body should be involved in those activities.
Amendment 70 #
2013/0186(COD)
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25c) Where the Agency acting as PRB has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to an Appeal Board for Performance Review, which should be part of the Agency acting as PRB, but independent from its administrative and regulatory structure; cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area and should thus be facilitated, namely through the establishment of an Advisory Board for Performance Review
Amendment 71 #
2013/0186(COD)
Proposal for a regulation
Recital 25 d (new)
Recital 25 d (new)
(25d) Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points. The principal role of the Agency acting as PRB consists of the application of those schemes, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned
Amendment 72 #
2013/0186(COD)
Proposal for a regulation
Recital 25 e (new)
Recital 25 e (new)
(25e) Costs related to the supervision of designated air traffic service providers by the Agency acting as PRB should be divided into costs for its setting up and running costs; the costs for the setting up of the Agency acting as PRB are short- term and limited to a few activities, such as recruitment, training and necessary IT equipment, and are necessary to initiate the supervision required for the reasons described; those costs should be paid during five financial years by designated air traffic service providers in the form of annual contributions, calculated in a fair and non-discriminatory manner. Individual contributions by designated air traffic service providers should be determined by reference to their size in order to reflect their importance in the provision of air traffic services in Europe and hence the relative benefits they draw from the supervised activity. Concretely, such contributions should be calculated based on the amount of actual revenues produced by the provision of air navigation services over the reference period preceding the reference period during which this Regulation enters into force.
Amendment 73 #
2013/0186(COD)
Proposal for a regulation
Recital 25 f (new)
Recital 25 f (new)
(25f) In order to establish uniform rules regarding the calculation of annual contributions, in particular the methodology to allocate the estimated expenditure to categories of designated air traffic service providers and the criteria to determine the level of individual contributions based on size, implementing powers should be conferred on the Commission; Running costs relate to the cost of the activities conducted by the Agency acting as PRB, in respect of the performance and charging schemes, once the operation of this activity has been set up. Running costs of the Agency acting as PRB should equally be financed by designated air traffic services providers. However, the funding should be based on fees and charges, on account of interventions necessary for the application of the performance and charging schemes. This form of funding can also be expected to enhance the autonomy and independence of the Agency acting as PRB.
Amendment 74 #
2013/0186(COD)
Proposal for a regulation
Recital 25 g (new)
Recital 25 g (new)
(25g) No revenue received by the Agency, of whatever source, should compromise its independence and impartiality. The Agency acting as PRB should also provide for a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks.
Amendment 75 #
2013/0186(COD)
Proposal for a regulation
Recital 25 h (new)
Recital 25 h (new)
(25h) The Agency acting as PRB should be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law.
Amendment 89 #
2013/0186(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) ATM network functions should contribute to the sustainable development of the air transport system and support the achievement of Union-wide performance targets. They should ensure the sustainable, efficient and environmentally optimal use of airspace and of scarce resources, reflect operational needs in the deployment of the European ATM network infrastructure and should provide support in case of network crises. A number of tasks contributing to the execution of these functions should be carried out by a Network Manager, whose action should involve all operational stakeholders concerned.1a __________________ 1aFocus on “environmentally optimal trajectories” may lead to bottlenecks in the airspace, the focusing on “optimal” trajectories allow for all factors to be considered
Amendment 91 #
2013/0186(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) ATM network functions related to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, is performed in full cooperation and joint management with the operational stakeholders.1a __________________ 1aadded in order to provide consistency with the amendment to art. 26.3, let.e
Amendment 95 #
2013/0186(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network but it should also take into consideration safety concerns. The procedures for the cooperative decision- making process should promote safety as well as the interest of the network, and be such that issues are resolved and consensus found wherever possible. Decisions taken shall also be considered within the context of the National Performance Plans, and a mechanism created to ensure there is no detriment to an ANSP due to the cooperative decision making process.
Amendment 103 #
2013/0186(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Availability of relevant operational data in an interoperable format is essential for enabling the flexible provision of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.
Amendment 110 #
2013/0186(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. The content and scope of each delegation is set out in detail in the relevant Articles. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level within the Expert Group on Human Dimension of the Single European Sky, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making33 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 114 #
2013/0186(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 128 #
2013/0186(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The concept of common projects, aimed at assisting airspace users and/or air navigation service providers to improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan as endorsed by Council Decision 2009/320/EC20, in accordance with Article 1(2) of Council Regulation (EC) No 219/2007, should not prejudice pre-existing projects decided by one or several Member States with similar objectives. The provisions on financing of the deployment of common projects should not prejudge the manner in which these common projects are set up. The Commission may propose that funding, such as Trans-European Network, Horizon 2020 or European Investment Bank funding, may be used in support of common projects, in particular to speed up the deployment of the SESAR programme, within the multiannual financial framework. Without prejudice to access to that funding, Member States should be free to decide how revenues generated by the auctioning of aviation sector allowances under the Emissions Trading Scheme are to be used and to consider in this context whether a share of such revenues might be used to finance common projects at the level of functional airspace blocks. __________________ 20 OJ L 95, 9.4.2009, p. 41 OJ L 95, 9.4.2009, p. 41
Amendment 132 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
20. ‘breakdown value’ means the value obtained, for a given air navigation traffic service provider, by breaking down a Union-wide performance target to the level of each air traffic service provider and serving as a reference for assessing consistency of the performance target set in draft performance plan with the Union-wide performance target;the development of national performance targets, the assessment and approval of the draft performance plans by the national supervisory authorities, as well as for the PRB in the context of their European monitoring and benchmarking activities;1a __________________ 1aBreakdown values are needed as reference values for air navigation service providers in their development of their draft performance plans, as well as for the national regulators in their assessment and approval process of those draft performance plans. The development of national targets needs to take due account of local needs, specificities, setups and constraints of the specific regulated entities, which might lead to a deviation from those reference values.
Amendment 151 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
40. which also executes ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks under this Regulation other than the tasks covered by the national competent authority;1a __________________ 1aWe do not see the added value of separating NSA and NCA, as a matter of fact, safety is related to several other factors which need to be closely linked, which is why these two bodies are often merged within one single organization and it should be kept as such. There may be States where NCA and NSA activities are executed by two different bodies and others where these activities are performed by the same body. For the purpose of this regulation, most of the activities are executed by the NSA and not the NCA which has safety-related competences
Amendment 195 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providerfollowing a clear and transparent process. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 204 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 211 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 8 – introductory part
Article 3 – paragraph 8 – introductory part
8. A Member State may request the Agency acting as Performance Review Body (PRB), to carry out the tasks related to the implementation of the performance and charging schemes laid down in Articles 14, 17, 19, 20, 21, 22 and 25, and in the implementing acts referred to in Articles 18 and 23 and for which the national supervisory authority of that Member State is responsible under this Regulation and the delegated and implementing acts adopted on the basis thereof.
Amendment 212 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1
Article 3 – paragraph 8 – subparagraph 1
Once the Agency acting as PRB accepts such a request, it shall become the supervisory authority responsible for the tasks covered by that request and the national supervisory authority of the requesting Member State shall be relieved of the responsibility for those tasks. The rules contained in Regulation (EU) 2018/1139 and pertaining to the Agency acting as PRB shall apply to the performance of these tasks, including as regards the levying of fees and charges.
Amendment 223 #
2013/0186(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 228 #
2013/0186(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 242 #
Amendment 243 #
2013/0186(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Agency acting as Performance Review Body 1. A Performance Review Body shall be established with the competence to implement various tasks notably in respect of the performance and charging schemes. A permanent structure shall be established with the European Union Aviation Safety Agency (EASA) in a manner that separates the discharge of the tasks regarding the performance and charging schemes of the Single European Sky, functionally and hierarchically, from the Agency’s activity as a safety authority. 2. To carry out its tasks, the Agency acting as PRB shall have the required expertise, shall be independent from public or private interests and shall rely on dedicated resources. Governance for its integration within the existing structure of the Agency shall be in accordance with [Regulation PRB].
Amendment 244 #
2013/0186(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Structure of the Agency acting as PRB For carrying out its tasks on performance review, the Agency acting as PRB shall have: (a) A Regulatory Board for Performance Review; (b) A Director for Performance Review; (c) An Advisory Board for Performance Review; (d) Appeal Board for Performance Review.
Amendment 245 #
2013/0186(COD)
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Amendment 246 #
2013/0186(COD)
Proposal for a regulation
Article 5 d (new)
Article 5 d (new)
Article 5d Composition and independence of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall be composed of 9 voting members and one non-voting representative of the Commission. Each member shall have an alternate. One of the members shall be the Chairperson of the Advisory Board for Performance Review. A member of the Management Board of the Agency shall not be a member of the Regulatory Board for Performance Review. The term of office for members and their alternates shall be five years, and that term shall be extendable. 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Commission after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as skills and experience relevant to the air traffic management or economic regulation of network industries. 3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall act independently and shall not seek or follow instructions from any government of a Member State, from the Commission, or from another public or private entity.
Amendment 247 #
2013/0186(COD)
Proposal for a regulation
Article 5 e (new)
Article 5 e (new)
Article 5e Chairperson of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights by a two-thirds majority. The Deputy Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. 2. The term of office of the Chairperson and of the Deputy Chairperson shall be two-and-a-half years and shall be renewable. If their membership of the Regulatory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 248 #
2013/0186(COD)
Proposal for a regulation
Article 5 f (new)
Article 5 f (new)
Article 5f Meetings of the Regulatory Board for Performance Review 1. Meetings of the Regulatory Board for Performance Review shall be convened by its Chairperson. 2. The Regulatory Board for Performance Review shall hold at least two ordinary meetings a year. In addition, it shall meet at the request of the Chairperson, of the Commission or of at least one third of its members. 3. The Director for Performance Review shall take part in the deliberations, without the right to vote. 4. The Regulatory Board for Performance Review may invite any person whose opinion might be of interest to attend its meetings with observer status. 5. The Agency shall provide the secretariat for the Regulatory Board for Performance Review.
Amendment 249 #
2013/0186(COD)
Proposal for a regulation
Article 5 g (new)
Article 5 g (new)
Article 5g Voting rules of the Regulatory Board for Performance Review 1. Unless otherwise specified in this Regulation, the Regulatory Board for Performance Review shall take decisions by a simple majority of the members with voting rights. 2. Each member with voting rights appointed pursuant to Article 5c(2) shall have one vote. In the absence of a member, his or her alternate shall be entitled to exercise his or her right to vote. Neither observers nor the Director for Performance Review shall have the right to vote. 3. The Regulatory Board for Performance Review shall adopt its rules of procedure, which shall set out in greater detail the arrangements governing voting.
Amendment 250 #
2013/0186(COD)
Proposal for a regulation
Article 5 h (new)
Article 5 h (new)
Amendment 251 #
2013/0186(COD)
Proposal for a regulation
Article 5 i (new)
Article 5 i (new)
Amendment 252 #
2013/0186(COD)
Proposal for a regulation
Article 5 j (new)
Article 5 j (new)
Amendment 253 #
2013/0186(COD)
Proposal for a regulation
Article 5 k (new)
Article 5 k (new)
Article 5k Composition of the Advisory Board for Performance Review 1. The Advisory Board for Performance Review shall be composed of: (a) one senior representative per Member State from the national supervisory authorities referred to in Article 3 of this Regulation and one alternate per Member State from the current senior staff of those authorities, both nominated by the national supervisory authority. (b) one non-voting representative of the Commission, and one alternate. (c) three non-voting representative of Air Navigation Services Providers, commercial and non-commercial civil airspace users and of the airport operators. 2. The Advisory Board for Performance Review shall elect a Chairperson and a Deputy-Chairperson from among its members. The Deputy- Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Deputy-Chairperson shall be two-and- a-half years and shall be renewable. If their membership of the Advisory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 254 #
2013/0186(COD)
Proposal for a regulation
Article 5 l (new)
Article 5 l (new)
Article 5l Powers of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be responsible for deciding on appeals against the decisions referred to in this Regulation. The Appeal Board for Performance Review shall be convened as necessary. 2. The decisions of the Appeal Board for Performance Review shall be adopted by a majority of at least four of its six members.
Amendment 255 #
2013/0186(COD)
Proposal for a regulation
Article 5 m (new)
Article 5 m (new)
Article 5m Members of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be composed of six members and six alternates selected from among current or former senior staff of the national supervisory authorities referred to in Article 3 of this Regulation; competition authorities or other Union or national institutions with relevant experience in the aviation sector. The Appeal Board for Performance Review shall designate its Chairperson. 2. The members of the Appeal Board for Performance Review shall be formally appointed by the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review. 3. The members of the Appeal Board for Performance Review shall undertake to act independently and in the public interest. For that purpose, they shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which might be considered prejudicial to their independence or indicating any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public annually. 4. The term of office of the members of the Appeal Board for Performance Review shall be five years. That term shall be renewable once. 5. The members of the Appeal Board for Performance Review shall be independent in making their decisions. They shall not be bound by any instructions. They shall not perform any other duties in the Agency, in its Management Board or in the Advisory Board for Performance Review. A member of the Appeal Board for Performance Review shall not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Commission, after receiving the opinion of the Management Board, has taken a decision to that effect. 6. The Appeal Board for Performance Review shall adopt and publish its rules of procedure. Those rules shall set out in detail the arrangements governing the organisation and functioning of the Appeal Board for Performance Review and the rules applicable to appeals before the Appeal Board for Performance Review pursuant to Articles 5k to 5s. The Appeal Board for Performance Review shall notify the Commission of its draft rules of procedure as well as any significant change to those rules. The Commission may provide an opinion on those rules within three months of the date of receipt of the notification.
Amendment 256 #
2013/0186(COD)
Proposal for a regulation
Article 5 n (new)
Article 5 n (new)
Amendment 257 #
2013/0186(COD)
Proposal for a regulation
Article 5 o (new)
Article 5 o (new)
Article 5o Decisions issued by the Agency acting as PRB subject to appeal 1. An appeal may be brought against decisions of the Agency acting as PRB taken pursuant to this Regulation. 2. An appeal lodged pursuant to paragraph 1 shall not have suspensory effect. The Appeal Board for Performance Review may, however, if it considers that circumstances so require, suspend the application of the contested decision. 3. The Agency acting as PRB shall publish the decisions taken by the Appeal Board for Performance Review.
Amendment 258 #
2013/0186(COD)
Proposal for a regulation
Article 5 p (new)
Article 5 p (new)
Amendment 259 #
2013/0186(COD)
Proposal for a regulation
Article 5 q (new)
Article 5 q (new)
Article 5q Time limit and form The appeal shall include a statement of the grounds for appeal and shall be filed in writing to the Agency acting as PRB within two months of the notification of the decision to the person concerned, or, in the absence thereof, within two months of the date on which the Agency acting as PRB published its decision. The Appeal Board for Performance Review shall decide upon the appeal within four months of the lodging of the appeal.
Amendment 260 #
2013/0186(COD)
Proposal for a regulation
Article 5 r (new)
Article 5 r (new)
Article 5r Interlocutory revision 1. Before examining the appeal, the Appeal Board for Performance Review shall give the Agency acting as PRB the opportunity to review its decision. If the Director for Performance Review considers the appeal to be well founded, he or she shall rectify the decision within two months from being notified by the Appeal Board for Performance Review. That shall not apply where the appellant is opposed to another party to the appeal proceedings. 2. If the decision is not rectified, the Appeal Board for Performance Review shall forthwith decide whether or not to suspend the application of the decision pursuant to Article 114n(2).
Amendment 261 #
2013/0186(COD)
Proposal for a regulation
Article 5 s (new)
Article 5 s (new)
Amendment 262 #
2013/0186(COD)
Proposal for a regulation
Article 5 t (new)
Article 5 t (new)
Article 5t Decisions on appeal Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal. Where the Appeal Board for Performance Review finds that the appeal is admissible and that the grounds for appeal are founded, it shall remit the case to the Agency acting as PRB. The Agency acting as PRB shall take a new reasoned decision taking into account the decision by the Appeal Board for Performance Review.
Amendment 263 #
2013/0186(COD)
Proposal for a regulation
Article 5 u (new)
Article 5 u (new)
Article 5u Actions before the Court of Justice 1. Actions for the annulment of a decision issued by the Agency acting as PRB pursuant to this Regulation and actions for failure to act within the applicable time limits may be brought before the Court of Justice only after the exhaustion of the appeal procedure referred to in Articles 5k to 5s. 2. The Agency acting as PRB shall take the necessary measures to comply with the judgments of the Court of Justice.
Amendment 264 #
2013/0186(COD)
Proposal for a regulation
Article 5 v (new)
Article 5 v (new)
Amendment 265 #
2013/0186(COD)
Proposal for a regulation
Article 5 w (new)
Article 5 w (new)
Amendment 266 #
2013/0186(COD)
Proposal for a regulation
Article 5 x (new)
Article 5 x (new)
Article 5x Evaluation 1. In conjunction with the evaluation referred to in Article 43 of this Regulation, the Commission shall, by the deadline defined in that Regulation, carry out an evaluation to assess the Agency’s performance as PRB in relation to its objectives, tasks and powers. The evaluation shall in particular address the possible need to modify the tasks and powers of the Agency acting as PRB, and the financial implications of any such modification. 2. Where the Commission considers that the continued existence of the PRB function is no longer justified with regard to its assigned objectives, tasks and powers, it may propose that this Regulation and [Regulation PRB ] be amended accordingly. 3. The Commission shall forward the evaluation findings related to the activity of the Agency acting as PRB, together with its conclusions, to the European Parliament, the Council and the Management Board. The findings of the evaluation and the recommendations shall be made public.
Amendment 267 #
2013/0186(COD)
Proposal for a regulation
Article 5 y (new)
Article 5 y (new)
Amendment 268 #
2013/0186(COD)
Proposal for a regulation
Article 5 z (new)
Article 5 z (new)
Amendment 269 #
2013/0186(COD)
Proposal for a regulation
Article 5 aa (new)
Article 5 aa (new)
Article 5aa Cooperation agreements on performance review 1. Insofar as the activities of the Agency acting as PRB are concerned, the Agency shall be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law in the field of air traffic management including, in particular, the rules on independent national supervisory authorities and on performance scheme and charging scheme. 2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 1, the Agency acting as PRB may also exercise its tasks under [Amended SES2+] with regard to third countries, provided that those third countries have adopted and apply the relevant rules in accordance with paragraph 1 and have mandated the Agency acting as PRB to coordinate the activities of their national supervisory authorities with those of the national supervisory authorities of Member States. 3. The agreements referred to in paragraph 1 shall specify the nature, scope and procedural aspects of the involvement of those countries in the work of the Agency acting as PRB and shall include provisions relating to financial contributions and to staff. Those agreements may provide for the establishment of working arrangements.
Amendment 274 #
2013/0186(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Economic certification and requirements for air navigation service providerproviders of CNS, AIS, ADS, MET or terminal air traffic services
Amendment 277 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Air navigation service providerProviders of CNS, AIS, ADS, MET or terminal air traffic services shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.
Amendment 289 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 367 (3) in order to amend the list set out in Annex I for the purposes of providing for an economic level playing field and resilience of service provision.
Amendment 309 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 320 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The designation of the air traffic service providers shall not be subject to any condition requiring those providers to : Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate within the Union.1a The designation of the air traffic service providers shall not be subject to any condition requiring those providers to : __________________ 1aThe provision related to the 10-year designation of ATSPs by the Member States raises concerns on its compatibility with the Chicago Convention, which gives the States discretionary powers on the designation of the ATSP. From a management perspective, 10 years would not be consistent with crucial issues such as training, investment cycles or the Performance Plans as foreseen by the proposal itself.
Amendment 325 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall have discretionary powers in choosing an air traffic providers and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 340 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace users, Member States shallmay allow airport operators tothe procurement of terminal air traffic services for aerodrome control and approach control under market conditions.1a __________________ 1a The provision should consider the sovereignty of member States on such a strategic asset thus leaving them the choice to liberalize the service at is currently the case that has allowed for opening of the market in, among others, Spain, UK and Sweden.
Amendment 352 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 371 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationaccounts1a from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected. __________________ 1aThis requirement seems to be over- prescriptive and ignores the financial, operational and technical interdependencies among these services in case an ANSP decides not to procure or sell these services under market conditions.
Amendment 377 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 379 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
Amendment 382 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Articles 14, 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. Those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety, the environment, capacity and cost-efficiency to national supervisory authority and the Agency acting as PRB for monitoring purposes.
Amendment 400 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Designation of common information services providers shall be made according to rules to be set out by the Agency.
Amendment 401 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. Technical requirements for common information services shall be set out by the Agency under conditions set in Regulation (EU) 2018/1139.
Amendment 403 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4c. Common information service provides shall ensure at all times compatibility of their services with services provided by air navigation service providers.
Amendment 415 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance. This must follow a detailed impact assessment and with the involvement of operational stakeholders and be adopted by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3).1a __________________ 1aSetting a new KPA should not be done unilaterally by the Commission and, in view of the importance of the issue, an examination procedure would be needed, as set out in an amendment to Article 18
Amendment 424 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and network functions from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, national competent authorities, Member States , the Agency, the Network Manager and Eurocontrol;
Amendment 425 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) one key performance indicators for target setting in each of the key performance areas of the environment, capacity, safety and cost- efficiency; the Commission shall consult operational stakeholders when developing these key performance indicators; these shall be outcome-based and take due account of:
Amendment 428 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)
Article 10 – paragraph 3 – point b a (new)
(ba) the impact of different operational stakeholders on the outcomes so that the performance assessment of the key performance indicators is limited to the activities and responsibilities of the air navigation service provider
Amendment 429 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b b (new)
Article 10 – paragraph 3 – point b b (new)
(bb) prior monitoring as a performance indicator1a __________________ 1a The key performance indicators (KPIs) should be defined by the Commission in an Implementing Regulation following examination procedure. The corresponding process should include assessment of the planned key performance indicators and metrics. The development/preparation of a new KPI should include prior monitoring as a performance indicator. The possibility should be left to adopt additional local PIs. In that way it is possible to ensure a common base for performance, as done in the past RPs, leaving anyway the possibility to implement local metrics if needed. This process gives an opportunity to reflect on how the current indicators can be improved to reflect better the performance of air traffic services providers and the accountabilities of the different actors in the system. Air traffic services providers should only be responsible for their own performance and results which derive from factors under their control. For instance: Capacity should not focus on delays but rather on a measurement of the actual capacity provided by the service provider. Environment should recognise ATM efficiency and focused on overall impact; air traffic services providers should not be made responsible for avoiding a route with temporary adverse meteorological conditions or if airlines plan a route different from the shortest. Operational stakeholders must be involved in the development of the new KPIs so that new indicators accurately capture accountability of air traffic services providers.
Amendment 430 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) indicators for monitoring performance in the key performance areas of safety, the environment, capacity and cost-efficiency; these shall be focused on what is required to achieve the desired outcomes and limited in number;1a __________________ 1aMonitoring through a limited number of performance indicators is desirable to simplify the monitoring reports. Indicators and their associated targets, when applicable, need to stay focused on what is to be achieved by the Performance and Charging Scheme
Amendment 432 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial disincentivbonuses applicable where an air traffic service provider achieves a performance exceeding binding performance targets and penalties where it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. Such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with . Such financial incentives shall be proportionate to the magnitude of the variation between the achieved performance and the target. The determination of the financial incentive shall take into account to the greatest extent possible effects attributable to air navigation service providers and include adjustment for any impacts stemming from actions of other stakeholders.1a __________________ 1aAir traffic services providers are responsible for their own performance and results but should not be held responsible for those impacts which derive from factors beyond their control. Furthermore, any potential financial incentive schemes should be designed in an appropriate balanced and symmetrical manner that ensures genuine stimulus to ANSPs to focus on improved performance outcomes. By extension, the proposals to extend the financial incentives to the deployment of specific ATM functionalities is deleted. This is on the basis that infringement procedures already serve as a mechanism to ensure timely compliance. The addition of any further performance targets or not implementing the common projects, and the impact thereof on the network;nalty schemes would necessitate highly complex schemes in order to address the significant interrelationships between deployment actions and performance outcomes which would likely render them ineffective.
Amendment 440 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article and following consultation with stakeholders. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
Amendment 448 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and the potential complementary baseline values and breakdown values, the Commission shall collect any necessary input from stakeholders and the relevant national regulators (national supervisory authorities / national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 457 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In due time before the start of the relevant reference period, the Commission, shall adopt implementing decisions addressed to each Member State as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of Article 2. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 462 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has found to be in compliance with the criteria set out in points (28) and (55) of Article 2. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).
Amendment 469 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted by the national supervisory authorities after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available. In order to ensure adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need to be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.Or. enJustification
Amendment 476 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consultnational supervisory authorities shall consult air navigation service providers, ANSP staff representatives airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 499 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRBnational supervisory authority on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12. In order to ensure adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need to be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.Or. enJustification
Amendment 502 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB for assessment and approval. national supervisory authority for assessment and approval, as well as to the PRB for assessment and approval of formal correctness and European reporting and benchmarking.
Amendment 506 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the Agency acting asin order to guarantee consistency within the Performance Plans, the national supervisory authority, in coordination with the PRB shall first assess the allocation of costs between the respective services in accordance with paragraph 4.
Amendment 508 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
Where the Agency acting asnational supervisory authority and the PRB finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4, the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.
Amendment 510 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting asnational supervisory authority and the PRB finds that the allocation of costs complies with that methodology and with that classification, ithe PRB shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14. The national supervisory authority shall ensure compliance to the conclusions of that decision.
Amendment 514 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRBPRB shall assess the formal correctness of the implementation of the European regulatory requirements. The national supervisory authority shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6. Where the PRB finds that the European regulatory requirements are met, it shall approve them. Where the PRB finds that the European regulatory requirements are not met, it shall deny their approval.
Amendment 519 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1
Article 13 – paragraph 7 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the draft performance plan meets those criteria and conditions set out in paragraph 3, it shall approve it.
Amendment 524 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 530 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB has denied approval of a draft performance plannational supervisory authority has denied approval of the correct implementation of European regulatory requirements in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 533 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRBPRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the PRB shall approve it. The national supervisory authority shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRBnational supervisory authority shall approve it.
Amendment 535 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRBe European regulatory requirements or those criteria and conditions referred to in paragraph 8, the PRB, in respect of the European regulatory requirements, or the national supervisory authority, in respect of the performance plan assessment, shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 539 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union- wide performance targets, the Agency acting ass denied because of incorrect implementation of European regulatory requirements, the PRB shall establish perconformance targets in consistency with the Union-wide performance targeity with those requirements for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRB, as well as the measures to achieve those targetsaddress those requirements established by the PRB.
Amendment 544 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the condicontains performance targets for en route air navigations set out in rvices that are not consistent withe third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall containe Union- wide performance targets, national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority, as well as the amendments necessary in view of the conditions the Agency acting as PRB has found not being masures to achieve those targets.
Amendment 548 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets establishcontained byin the Agency acting as PRB in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met. In order to ensure adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need todraft performance plan and found to be consistent with the Union-wide performance targets by the national supervisory authority and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.g met. Or. enJustification
Amendment 554 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the Agency acting as PRB shall be adopted by the designated air traffic service providersnational supervisory authority concerned as definitive plans, and shall be made publicly available.
Amendment 556 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 11 – introductory part
Article 13 – paragraph 11 – introductory part
11. The Agency acting as PRBnational supervisory authority shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union- wide performance targets national performance targets for en route air navigation services for air navigation traffic service providers and making the results of those assessments publicly available. The PRB shall issue regular Europeand of performance targets for en route air navigation services for air traffic service providerverview reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the performance of en route air navigation services and network functions, including regular reports of the achievement of the en route Union-wide performance targets and making the results of those assessments publicly available.
Amendment 568 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air navigation traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service providernational supervisory authority shall issue decisions requiring the air navigation service provider to implement corrective measures. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Amendment 579 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 582 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereofsupervisory authority.
Amendment 585 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 591 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Amendment 593 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point a
Article 14 – paragraph 3 – subparagraph 1 – point a
Amendment 596 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point b
Article 14 – paragraph 3 – subparagraph 1 – point b
(b) provide an evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan, with due consideration of the local circumstances;
Amendment 600 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point c
Article 14 – paragraph 3 – subparagraph 1 – point c
Amendment 602 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Amendment 604 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point a
Article 14 – paragraph 3 – subparagraph 2 – point a
(a) include key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period, including baseline values, traffic forecasts and economic assumptions used, must be accurate, adequate and coherent;
Amendment 605 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) the draft performance plan must be complete in terms of data and supporting material;
Amendment 608 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the Agency acting as PRB in accordance with the third subparagraph of Article 13(6).
Amendment 611 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 6 – introductory part
Article 14 – paragraph 6 – introductory part
6. The national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 5 applies, the national supervisory authority shall base its assessment on the conclusions of the decision taken by the Agency acting as PRB in respect of the allocation of costs.
Amendment 614 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3 from (a) to (c), it shall deny the approval.
Amendment 619 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are still not consistent with the Union-wide performance targets,, conditions set out in paragraph 3a, 3b and 3c the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 620 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 626 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3established by the national supervisory authority, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 630 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 10 – introductory part
Article 14 – paragraph 10 – introductory part
10. The national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services, including regular assessments of the achievement of the performance targets for terminal air navigation services for air trafficnavigation service providers and making the results of those assessments publicly available.
Amendment 631 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 1
Article 14 – paragraph 10 – subparagraph 1
The designated air trafficnavigation service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues.
Amendment 638 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service providerthe air navigation service provider to implement corrective measures. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 642 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Where the Agency acting as PRB carries out the tasks of a national supervisory authority in accordance with Article 3(8), the draft performance plans for terminal air navigation services shall be submitted to the Agency acting as PRB together with the draft performance plans for en route air navigation services. Where the Agency has taken a decision in respect of the allocation of costs as referred to in the third subparagraph of Article 13(6), this decision shall be binding on it for the purposes of the assessment of the draft performance plans for terminal air navigation services.
Amendment 647 #
2013/0186(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Role of the Agency acting as PRB as regards the monitoring of Union-wide performance targets for terminal air navigation services
Amendment 651 #
2013/0186(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union- wide performance targets.
Amendment 652 #
2013/0186(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. For the purpose of the preparation of the overview referred to in point 1, the national supervisory authorities shall notify their reports referred to in Article 14(10) to the Agency acting as PRB and shall provide any other information the Agency acting as PRB may request for those purposes.
Amendment 658 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The draft Network Performance Plan shall be drawn up after the setting of Union- wide performance targets and before the start of the reference period concerned. It shall contain specific performance targets in the key performance areas of the environment, safety, capacity and cost- efficiency.
Amendment 660 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The draft Network Performance Plan shall be submitted to the Agency acting as PRB and to the Commission.
Amendment 661 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The Agency acting as PRB shall, upon request from the Commission, deliver an opinion to the Commission on the draft Network Performance Plan based on the following essential criteria:
Amendment 668 #
2013/0186(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 672 #
2013/0186(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(2), 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23). The performance scheme has significant impact on ATS provision in the Member States. The detailed design and implementation of the performance and charging scheme requires careful consideration and explicit approval by Member States due to the fundamental impact their Chicago Convention obligations to provide ANS. The implementing act should therefore be adopted under examination procedure, not advisory procedure. Correspondingly, Art. 37(2) should be amended to refer to Article 5 of the Regulation 182/2011 instead of Article 4).Or. enJustification
Amendment 677 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air trafficnavigation services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users.
Amendment 680 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Charges shall be based on the costs of air traffic service providers in respectcurred either directly or indirectly in relation to the provision of services and functions delivered forto the benefit of airspace users over fixed reference periods as defined in Article 10(2). Those costs may include a reasonable return on assets to contribute towards necessary capital improvements.
Amendment 682 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they shall stimulate integrated service provision, whilst reducing the environmental impact of aviation. It is unclear how the Charging Scheme would stimulate integrated service provision or effectively reduce the environmental impact of aviation. This article should be reconsidered and duplication avoided to foster simplification and clarity of the text.. Or. enJustification
Amendment 686 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Revenues from charges imposed on airspace users in accordance with this Article shall not be used to finance air navigation services which are provided under market conditions in accordance with Article 8.
Amendment 687 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the Agency acting as PRB and, when en-route services are concerned, to the PRB. Without prejudice to protection of confidential or sensitive data, including data on services provided under market conditions, this information on costs shall be made publicly available.
Amendment 693 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) costs incurred by the air traffic service providers for fees and charges paid to the Agency acting as, charges and annual contributions paid to the PRB;
Amendment 697 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point c a (new)
Article 20 – paragraph 3 – point c a (new)
(ca) costs of Eurocontrol, unless other financial resources are used by Member States to cover these costs
Amendment 698 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point c b (new)
Article 20 – paragraph 3 – point c b (new)
Amendment 703 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission and, when en-route services are concerned, to the PRB. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRBreferred to in Article 20(3), and exceptional costs.
Amendment 712 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that theyMember States in line with the EUROCONTROL Multilateral Agreement relating to Route Charges and in complyiance with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigIn order to assess the impact on the traffic forecast of each original charging zones and the impact on the total number of service units, an ex-ante impact assessment shall be conducted prior to the concept of a common unit rate being adopted into the Framework Regulation. Consultation with stakeholders shall also occur before draft Implementing Regulation, and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance withdopted in accordance with the examination procedure referred to in Article 2437(3), is presented to Member States.
Amendment 716 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 724 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 729 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 735 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. CFollowing consultation with stakeholders, charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be preceded by an analysis confirming how revenue neutrality for air traffic service providers will be ensured.
Amendment 743 #
2013/0186(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the examination advisory procedure referred to in Article 37(23).
Amendment 748 #
2013/0186(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall regularlyWithout prejudice to the tasks of the national supervisory authorities and the PRB Commission shall provide for ongoing review theof compliance with Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, by the air traffic service providers and the Member States, as the case may be. The Commission shall act in consultation with the Agency acting as PRB and with national supervisory authorities. 7Or. en
Amendment 757 #
2013/0186(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
Amendment 762 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. National supervisory authorities and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Access to these accounts shall be granted to the PRB in cases where demonstrably necessary for carrying out its tasks, subject to prior consent from the national supervisory authority concerned. Member States may decide to grant access to these accounts to other supervisory authorities.
Amendment 765 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. AWithout prejudice to Article 46(2), air navigation service providers shall , in their internal accounting, keep separate accounts for each air navigation service as they would be required to do if these services were carried out by separate undertakings with a view to avoiding discrimination, cross-subsidisation in accordance with article 20(5) and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where:
Amendment 770 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 774 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The financial data on costs and revenues reported in accordance with Article 19(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority. The conclusions of the audit shall be made publicly available. reported by the national supervisory authority to the air navigation service provider, the Member State concerned and – where en route services are concerned – to the PRB.
Amendment 781 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum access to airspace and air navigation services. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall, be based on operational requirements , be aimed at supporting initiatives at national level and, where relevant, at the multinational level and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 785 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 797 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) facilitation and optimisation of airspace design and airspace structures for the network and facilitation of delegation of air traffic services provision through co- operation with the air traffic service providers and Member State authorities;
Amendment 801 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
Amendment 807 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the contribution to the management of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures through a partnership led by operational stakeholders;
Amendment 811 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point f a (new)
Article 26 – paragraph 3 – point f a (new)
(fa) the coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.
Amendment 819 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to add functions to the ones listed in paragraphs 2 and 3, where necessary for the functioning and performance of the network. The basic pillars of the Network Functions should be determined by primary legislation, the details should bBy way of implementing acts adopted in accordance with the examination procedure referred to in Article 37(3), the Commission shall establish detailed rules for the execution of the network functions, clearly defining the responsibilities of all the operational stakeholders involved, the btasedks onf the existing Network Function Implementing Regulation and changes to it should be elaborated in the same process as foreseen for Article 27.Network Manager, governance mechanisms including decision-making processes and crisis management. Or. enJustification
Amendment 822 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevant, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 . The execution of Network Manager tasks shall be measured by clear specification of the required services and performance, including appropriate agreements, such as Service Level Agreements between the European Commission and the Network Manager and between the operational stakeholders and the Network Manager regarding tasks and quality of service and conditions.
Amendment 830 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for the service provision from any other activities performed by the entity appointed as Network Manager and regulation where the competent body designated as the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military. The Network Manager shall take decisions in a Network Management Board that includes all stakeholders that contribute to the Network Operations Plan through the appropriate CDM processes.
Amendment 835 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the operational stakeholders within the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 841 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The Network Manager shall cooperate closely with the Agency acting as PRB in order to ensure that the performance targets referred to in Article 10 are adequately reflected in the capacity to be delivered by individual air navigation service providers and agreed between the Network Manager and those air navigation service providers in the Network Operations Plan.
Amendment 845 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individualpropose in coordination with the operational stakeholders measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
Amendment 851 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – point b
Article 27 – paragraph 6 – point b
(b) advise, within the framework of the cooperation with operational stakeholders, the Commission and provide relevant information to the Agency acting as PRB on the deployment of the ATM network infrastructure in accordance with the European ATM Master Plan, in particular to identify investments necessary for the network.
Amendment 861 #
2013/0186(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 907 #
2013/0186(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks iWithout prejudice to the role of the Sectoral Dialogue Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, to which air navigation service providers, associations of airspace users and airport operators shall belong to and in which the manufacturing industry and professional staff representative bodies shall participate as observers. The role of this body shall solely be to advise the Commission on the implementation of this Regulation. e single European sky.
Amendment 918 #
2013/0186(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities , the Commission or the Agency acting as PRB where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their commercially sensitive information .
Amendment 100 #
Amendment 142 #
2013/0157(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Each service provider, and especially one that is a new market entrant should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements.
Amendment 171 #
2013/0157(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those servthat are not exposed to effective competition within the meaning of Articles, in the absence of fair market mechanisms, arrangements should be established to ensure th 9(1) and 6(1) should not be disproportionate the charges they levy reflect the normal conditions of the relevant market and aro the economic value of the services provided and should be set in a transparent and non- discriminatory way.
Amendment 173 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, quality of services and competitiveness of EU ports. Relevant training should be provided to every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 179 #
2013/0157(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) In accordance with the rules of the Treaty all models of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.
Amendment 181 #
2013/0157(COD)
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) Automation and technological innovation should be dealt with in a timely manner by the employers and employees together, in order to guarantee the necessary training and retraining and to find shared solutions to give the employees the chances to acquire the necessary skills to perform their tasks in a secure and highly professional way. Public authorities and management bodies should be consulted as appropriate, whenever they are involved in automation, innovation and expansion plans.
Amendment 184 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo- handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 192 #
2013/0157(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should, in writing, clarify the notion of State aid regarding the financing of seaports and port infrastructure and should carry on with enforcing principles of state aid to ensure fair competition.
Amendment 200 #
2013/0157(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that theire relevant market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non- discriminatory way.
Amendment 278 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. ‘cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 318 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 18 a (new)
Article 2 – point 18 a (new)
18a. “port infrastructure” means port water areas, as well as landside facilities, installations and equipment connected with the functioning of the port and intended for use by the managing body of the port in carrying out tasks, which are located within the boundaries of the port or of the sea harbour.
Amendment 338 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 379 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 407 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 410 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 412 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Any limitation of the number of providers for a port service shall follow a transparent procedure. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the procedure and the submission deadline, as well as all relevant award criteria and requirements.
Amendment 415 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 426 #
2013/0157(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Procedure for the limitation of the number of providers of port serviceseding by the choice of providers of port services in case of control of their number
Amendment 427 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any limitationIn the case of control of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure, the managing body of the port or the competent authority shall follow a procedure to select providers of port services which shall be open to all interested parties, non-discriminatory and transparent.
Amendment 430 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 441 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. For the purposes of this Regulation, a substantial modification within the meaning of Directive …./… [concession] of the provisions of a port service contract during its term shall be considered as the conclusion of a new port service contract and shall requirecall for a new procedure as referred to in paragraph 21. This covers cases when the modification renders the contract materially different in character from the one originally concluded, including when the scope of the port service contract is considerably extended.
Amendment 444 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraphs 1 to, 1a and 5 of this Article shall not apply in the cases referred to in Article 96(1)(aa) and Article 9(1).
Amendment 477 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The emergency measure may take the form of a direct award so as to attribute the service to a diffCollective actions should be taken into account only when all other possible ways of dialogue and possible alternative solutions have been explored to keep from negative impact on port activities. Emergent provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9cy measures can be taken in situations where collective actions cannot be avoided thus causing disruptions of port.
Amendment 483 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 486 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IExclusively in the cases provided for in Article 6 (1) (baa), the competent authorityor in cases where the national legislation of a Member State already so allows, the managing body of a port may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 492 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 496 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 502 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 506 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 523 #
2013/0157(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.
Amendment 574 #
2013/0157(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator under public service obligation as referred to in Aarticle 9 and(1), the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatoryfor pilotage services that are not exposed to effective competition and the charges levied by providers of port service, as referred to in Article 6(1)(aa), shall be set in a transparent and non-discriminatory way. These charges shall, reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 610 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine thein a transparent way ambount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the levelstructure and the criteria used to determine the amount of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance. In situations where port authorities introduce differentiated charging, it is important that clear and transparent criteria will be communicated by port authorities to port infrastructure users.
Amendment 624 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port servicesabove mentioned obligations can be done within bodies, also of distinct composition, already established within the managing body of the port either by law or by a normative act by a Member State.
Amendment 694 #
2013/0157(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 160 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4– paragraph 4 – subparagraph 2
Article 4– paragraph 4 – subparagraph 2
Amendment 182 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 96/53/EC
Article 4 – paragraph 5
Article 4 – paragraph 5
(4a) The following is added to Article 4.5 of the directive: In order to establish these trial periods, following conditions need to be fulfilled: - the trial period shall not be longer than 5 years, - the transport operations shall take place in a local, well-defined area of the territory of the Member State, - the trial needs to be officially monitored taking into account impacts on infrastructure, road safety, modal split and environment, - an official report of the monitoring results of the trial should be sent to the Commission and made publicly available.
Amendment 220 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
In the aim of improving the road safety and aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I by up to 800mm. The main purpose of these exceedances is to allowpermit the construction of safer tractor cabs while improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safetyenabling further fuel- efficiency improvements.
Amendment 238 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 2 – last sentence
Article 9 – paragraph 2 – last sentence
The exceedances of the maximum length of the tractor cab by 800 mm shall not lead to the increase in the load capacity load of vehicles or combinations of vehicles.
Amendment 240 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
Before they are put on the market, the aerodynamic performance of new motor vehicle designs shall be tested by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test certificates issued in one Member State shall be recognised by the other Member Statesand certificated by Member States. The test certificates issued in one Member State shall be recognised by the other Member States. The results of the test procedure and aerodynamic performance and other input values of tested lorries shall be made publicly available.
Amendment 260 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 96/53/EC
Article 10a a (new)
Article 10a a (new)
New N2 and N3 vehicles shall comply with the safety requirements referred to in article 9.2 from the 1st of January 2020 onwards.
Amendment 261 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 96/53/EC
Article 10a b (new)
Article 10a b (new)
By the end of 2018, the Commission shall review this directive in order to analyse the impacts of cross-border use of vehicles or vehicles combinations exceeding the maximum dimensions laid down by Annex I. The impact assessment of the Commission shall analyse the impacts on road safety, on the modal shift, the consequences on the infrastructure and on the environment. On the basis of the results of this impact assessment, the Commission shall, if appropriate, make a legislative proposal to amend the directive.
Amendment 337 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 96/53/EC
Article 16 a (new)
Article 16 a (new)
(15a) The following Article 16 a is added: Article 16 a By 01.01.2016 the Commission shall complete a review of this Directive and, if appropriate, on the basis of such a review and its impact assessment, shall submit a proposal to the European Parliament and to the Council by 01.01.2017, to mandate the safety requirements laid down by article 9.2 for all new M2 and M3 vehicles.
Amendment 338 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a a (new)
Article 1 – paragraph 1 – point 16 – point a a (new)
Directive 96/53/EC
Annex I – point 1.1 – indent 8 a (new)
Annex I – point 1.1 – indent 8 a (new)
(aa) The following point is added: ‘loaded vehicle transporters: 20,75m’
Amendment 26 #
2013/0092(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The financial envelope for the implementation of the tasks referred to in Article 3 for the period from 1 January 2014 to 31 December 2020 shall be EUR 1670.5000.000 expressed in current prices.
Amendment 33 #
2013/0092(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to define the requirements for the provision of operational assistance by the Agency, such as additional anti-pollution vessels, the Agency shall set up on a regular basis a list of the public and, where available, private pollution response mechanisms and associated response capabilities in the various regions of the Union.
Amendment 36 #
2013/0092(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall submit to the European Parliament and the Council, on the basis of information provided by the Agency, a report on the implementation of this Regulation no later than 31 December0 June 2017. The report, which shall be established without prejudice to the role of the Administrative Board of the Agency, shall set out the results of the utilisation of the Union contribution referred to in Article 4 as regards commitments and expenditure covering the period between 1 January 2014 and 31 December 2016.
Amendment 38 #
2013/0092(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
On the basis of this report, the Commission mayshould, if appropriate, propose amendments to this Regulation in particular in order to take account of scientific progress in the field of combating pollution caused by ships and marine pollution caused by oil and gas installations, especially pollution caused by oil or hazardous and noxious substances.
Amendment 149 #
2013/0072(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) To assist National Enforcement Bodies in fulfilling their role regarding the enforcement of this Regulation, air carriers should provide them with relevant compliance documentation that demonstrates their consistent compliance with all relevant Articles of the Regulation.
Amendment 150 #
2013/0072(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) As commercial aviation is an integrated EU market, measures to guarantee enforcement of the Regulation will be more effective at Union level with increased involvement of the European Commission. Specifically, the European Commission should increase awareness of air carriers' compliance with passenger rights requirements among the flying public by publishing a list of carriers that systematically fail to comply with the Regulation.
Amendment 192 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
Amendment 236 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Without prejudice to Article 8(6), this RegulationArticle 6a shall only apply to passengers transported by motorised fixed wing aircraft. 'However, where a part of the journey is carried out, in accordance with a single contract of carriage and on the basis of a single reservation, by another mode of transport or by helicopter, this Regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this Regulation.if it was so indicated in the contract of carriage'
Amendment 251 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 468 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 261/2004
Article 14 a (new)
Article 14 a (new)
13 a. The following Article is inserted: "Article 14a Compliance documents 1. Community air carriers shall prepare and submit to the National Enforcement Body of the Member State that issued their operating licence pursuant to Regulation 1008/2008 and to the European Commission by 1 January 2016 a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of the Regulation. 2. Any other carrier providing services from a Union airport shall submit a compliance document to the NEBs of all Member States in which they operate and to the European Commission. 3. Air Carriers will review their compliance documents and submit updated versions to the relevant NEB(s) and to the European Commission every three years henceforth."
Amendment 471 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2
Article 16 – paragraph 2
The National Enforcement Body shall closely monitor compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected. For this purpose, air carriers and airport managing bodies shall provide the relevant documents to the National Enforcement Body at its request. In order to carry out its functions, the National Enforcement Body shall also take accou within one month of the information submitted to it by the body designated under Artits request, without prejudicle 16a. It may also decide on enforcement actions based on individual complaints transmitted by the body designatedto the obligations of air carriers under Article 164a.
Amendment 475 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
In Article 16, the following paragraph shall be inserted: 2a. In order to carry out its functions, the National Enforcement Body shall take account of the information submitted to it by the body designated under Article 16a and of the compliance documents submitted by air carriers, where possible corroborating the validity of Compliance Documents against complaints information. The National Enforcement Body shall also take enforcement actions based on individual complaints transmitted by the body designated under Article 16a.
Amendment 505 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 5 b (new)
Article 16a – paragraph 5 b (new)
In Article 16a, the following paragraph shall be inserted: 5b. In cases where the final reply of the designated body confirms that an infringement of the Regulation has been committed, the designated body shall also send the reply, and the complaint file, to the European Commission. It will also on an annual basis send to the European Commission, and publish on its website, the number of complaints that it has received by type of alleged infringement as well as by air carrier, and the outcomes of the process (e.g. compensation paid or not paid, recovery or non-recovery of expenses for accommodation).
Amendment 507 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 1 a (new)
Article 16b – paragraph 1 a (new)
In Article 16b, the following paragraph shall be inserted: 1a. The Commission may, by means of implementing acts, adopt provisions on the minimum contents of the compliance documents of Article 15. The minimum contents will however at least contain contingency plans for major disruptions, would identify those responsible for providing assistance and other rights, the modalities and procedures through which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.
Amendment 512 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 5 a (new)
Article 16b – paragraph 5 a (new)
In Article 16b, the following paragraph shall be inserted: 5a. The Commission shall publish on its website and regularly update, starting no later than 1 May 2015, a list of all air carriers operating in the Union that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier for whom the Commission has received evidence of infringements according to Article 16a Paragraph 5b that occurred to passengers on more than 10 different flights in one calendar year, and that relate to more than one Article of the Regulation, shall be considered to systematically fail to comply with the Regulation.
Amendment 549 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 2
Article 6d – paragraph 2
Amendment 569 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point ii
Annex 1 – paragraph 1 – point ii
technical problems which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concernedsuch as the identification of a defect after the aircraft has been released to service and which prevents the normalsafe continuation of the operation; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety;
Amendment 590 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point i
Annex 1 – paragraph 2 – point i
Amendment 71 #
2013/0029(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassingintegrated structures should be shaped in such a way that no conflicts of interest emerge between infrastructure management and transport activities should be removed. Removing potential incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.
Amendment 75 #
2013/0029(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
2013/0029(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-makingProvided these three categories of independence it must bare ensured, that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilie vertical integration of undertakings does not contradict the objectives for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential forof the common legal framework. The rules against cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the most effective measure to solve these problemhould be monitored and implemented by the regulatory bodies.
Amendment 92 #
2013/0029(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 102 #
2013/0029(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers between the infrastructure manager and the other legal entities of the integrated undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking. The Member States therefore remain obliged to secure compliance with these independence criteria. This should be achieved chiefly by appropriate regulation which does not jeopardise the infrastructure undertakings’ refinancing options or contradict the undertakings’ principle of trading as a commercial enterprise. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.
Amendment 107 #
2013/0029(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 188 #
Amendment 196 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Amendment 252 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a, 7 b, 7 c
Article 7 a, 7 b, 7 c
Amendment 253 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a
Article 7 a
4. The following Articles 7 a to 7 e are inserted: ‘Article 7a Effective independence of the infrastructure manager within a vertically integrated undertaking 1. Member States shall ensure that the infrastructure manager shall be organised in a body which is legally distinct from any railway undertaking or holding company controlling such undertakings and from any other legal entities within a vertically integrated undertaking. 2. Legal entities within the vertically integrated undertaking that are active in railway transport services markets shall not have any direct or indirect shareholding in the infrastructure manager. Nor shall the infrastructure manager have any direct or indirect shareholding in any legal entities within the vertically integrated undertaking active in railway transport services markets. 3. The infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay dividends to the ultimate owner of the vertically integrated company. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking. 4. Without prejudice to Article 8(4), the infrastructure manager shall raise funds on the capital markets independently and not via other legal entities within the vertically integrated undertaking. Other legal entities within the vertically integrated undertaking shall not raise funds via the infrastructure manager. 5. The infrastructure manager shall keep detailed records of any commercial and financial relations with the other legal entities within the vertically integrated undertaking and make them available to the regulatory body upon request, in accordance with Article 56(12). Article 7b Effective independence of the staff and management of the infrastructure manager within a vertically integrated undertaking 1. Without prejudice to the decisions of the regulatory body under Article 56, the infrastructure manager shall have effective decision-making powers, independent from the other legal entities within the vertically integrated undertaking, with respect to all the functions referred to in Article 3(2). The overall management structure and the corporate statutes of the infrastructure manager shall ensure that none of the other legal entities within the vertically integrated undertaking shall determine, directly or indirectly, the behaviour of the infrastructure manager in relation to these functions. 2. The members of the management board and senior staff members of the infrastructure manager shall not be in the supervisory or management boards or be senior staff members of any other legal entities within the vertically integrated undertaking. The members of the supervisory or management boards and senior staff members of the other legal entities within the vertically integrated undertaking shall not be in the management board or be senior staff members of the infrastructure manager. 3. The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking. The Supervisory Board may consult the Coordination Committee referred to under Article 7d on issues under its competence. Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board members of the infrastructure manager shall be taken by the Supervisory Board. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Supervisory Board for appointment or renewal as members of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred to in this paragraph shall become binding only if the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as to the professional independence of a person nominated for the management board or in the case of premature termination of office of a member of the management board of the infrastructure manager. Effective rights of appeal to the regulatory body shall be granted for members of the management board who wish to enter complaints against the premature termination of the office. 4. For a period of three years after leaving the infrastructure manager, members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager. 5. The infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager. Internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them. 6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the other legal entities within the vertically integrated undertaking and shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them. 7. The members of the supervisory or management boards and senior staff of the infrastructure manager shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on those of the infrastructure manager. Article 7c Procedure of verification of compliance 1. Upon request of a Member State or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market. 2. The Commission shall be entitled to require all necessary information within a reasonable deadline from the Member State where the vertically integrated undertaking is established. The Commission shall consult the regulatory body or bodies concerned and, if appropriate, the network of regulatory bodies referred to in Article 57. 3. Member States may limit the rights of access provided for in Article 10 to railway undertakings which are part of the vertically integrated undertaking to which the infrastructure manager concerned belongs, if the Commission informs Member States that no request has been made in accordance with paragraph 1 or pending the examination of the request by the Commission or if it decides, in accordance with the procedure referred to in Article 62(2), that: (a) no adequate replies to the Commission information requests in accordance with paragraph 2 have been made, or (b) the infrastructure manager concerned does not fulfil the requirements set out in Articles 7a and 7b, or (c) the implementation of requirements set out in Articles 7a and 7b is not sufficient to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the Member State where the infrastructure manager concerned is established. The Commission shall decide within a reasonable period of time. 4. The Member State concerned may request the Commission to repeal its decision referred to in paragraph 3, in accordance with the procedure referred to in Article 62(2), when that Member State demonstrates to the satisfaction of the Commission that the reasons for the decision do not exist any longer. The Commission shall decide within a reasonable period of time. 5. Without prejudice to paragraphs 1 to 4, the on-going compliance with the requirements set out in Articles 7a and 7b shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that these requirements are not complied with. Upon such an appeal, the regulatory body shall decide, within the time-limits indicated in Article 56(9), on all the necessary measures to remedy the situation.article 7a is inserted : Article 7 a Requirements for the independence and transparency of infrastructure managers 1. The infrastructure manager shall keep detailed records of any commercial and financial relations with the other legal entities within the vertically integrated undertaking and make them available to the regulatory body upon request, in accordance with Article 56(12). 2. Control agreements in which the share- holders of infrastructure managers are granted influence in decisions taken at such undertakings on track access and usage charges, or on the general terms and conditions for usage of infrastructure, are not admissible. 3. Financial flows generated at integrated companies from charges for the use of railway infrastructure are to be disclosed within the framework of external reporting. This is to include demands on the return on capital of the infrastructure managers. 4. Costs incurred by the infrastructure managers for internal services rendered are to be charged appropriately and in line with market prices. 5. The planned development of average usage charges for the individual transport modes (rail freight, long-distance passenger rail and regional passenger rail) including any foreseeable developments is to be disclosed within fluctuation margins for a five-year planning period and updated annually. Major deviations in the updates from planning for the previous year are to be indicated separately and justified. Major deviations in the development of usage charges from the development of production prices require special explanation by the respective infrastructure manager. 6. It has to be ensured that, on a multi- annual average, any profits arising at the infrastructure managers do not exceed the costs of the capital injected into these companies. The balance between equity and external capital is to be taken into account. The maximum return on capital is subject to regulation. (Articles 7b and 7c of the COM proposal are deleted.)
Amendment 570 #
2013/0029(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a (new) The provisions contained in Articles 7, 7a, 7b, 7c, 7d and 7e shall not apply to vertically integrated undertakings with a track length of less than 500 km whose operation does not have any strategic importance for the functioning of the European railway market.
Amendment 114 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No. 1370/2007
Article 2 – point c
Article 2 – point c
“competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or, a rural district or a region;
Amendment 127 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
Regulation (EC) No. 1370/2007
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) Article 2aa is inserted: (aa) "public rail passenger transport" means public passenger transport by rail, excluding passenger transport on other track-based modes such as metros, tramways or tram-train systems.
Amendment 141 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point b b (new)
Article 1 – point 1 – point b b (new)
Regulation (EC) No. 1370/2007
Article 2 – point n (new)
Article 2 – point n (new)
(bb) The following point is inserted: (n) "Network effects" arise through the integration of transport services which makes public transport more attractive for the passenger and more efficient for the public transport sector. Network effects can be generated at various levels such as geographical-, train schedule- or tariff wise.
Amendment 158 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
basic requirements to be fulfilled by public transport offer such as accessibility, territorial connectivity, security,inter alia modal and intermodal interconnections at main connecting hubs, offer characteristics such as times of operation, frequency of services and minimum degree of capacity utilisation and frequency of services;
Amendment 167 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
quality standards related to items such as equipment features of stops and of rolling stock, punctuality and, reliability, cleanliness, and customer service and information, complaint handling and redress, monitoring of service quality;
Amendment 170 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Amendment 175 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
principles of tariff policy; such as social tariffs.
Amendment 187 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
Article 2 a (new) – paragraph 1 – subparagraph 2
In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights, social, mandatory modal shift targets, employment and environmental protection. This includes the mandatory transfer of staff.
Amendment 192 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 3
Article 2 a (new) – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least transport operators, infrastructure managers if appropriate, and, representatives of passengers and employee organisations.
Amendment 209 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 1 – point c a (new)
Article 2 a (new) – paragraph 3 – subparagraph 1 – point c a (new)
(ca) they shall deliver public services that ensure that all citizens can participate in socio-economical activities.
Amendment 222 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4 – subparagraph 1 – point a
Article 2 a (new) – paragraph 4 – subparagraph 1 – point a
achieve the objectives of the public transport plan in the most cost-effective manner; while ensuring that quality aspects have been taken into account ensuring a quality based public service contract.
Amendment 227 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4 – subparagraph 1 – point b a (new)
Article 2 a (new) – paragraph 4 – subparagraph 1 – point b a (new)
(ba) prevent social exclusion of groups of the citizens due to their limited access to public transport and hence mobility.
Amendment 231 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 5 – subparagraph 2
Article 2 a (new) – paragraph 5 – subparagraph 2
The competent authority shall in an appropriate manner consult relevant stakeholders such as a minimum, transport operators, infrastructure managers if appropriate and representative passenger and employee organisations on these specifications and take their positions into consideration.
Amendment 251 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 1025 million train-km or one third of the total national public rail passenger transport volume under public service contract. incumbent operator for public service contracts of a higher volumeOr. en (The experiences in Member States shows that there are generally no competitors of either 25 million train- km per year.)
Amendment 258 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No. 1370/2007
Article 4 – paragraph 1 – point b – last sentence
Article 4 – paragraph 1 – point b – last sentence
In the case of public service contracts not awarded according to Article 5(3), these parameters shall be determined in such a way that no either over- nor undercompensation payment mayshall exceed or fall below the amount required to cover the net financial effect on costs incurred and revenues generated in discharging the public service obligations, taking account of revenue relating thereto kept by the public service operator and a reasonable profit;
Amendment 261 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No. 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
(bb) Paragraph 5, the first sentence is replaced by the following: Without prejudice to national and Community law, including collective agreements between social partners, competent authorities shall require the selected public service operator to grant staff previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 289 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point -a c (new)Regulation (EC) No. 1370/2007
Article 1 – point 4 – point -a c (new)Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
(-ac) The following paragraph 3a is added: “Member States may exclude railway companies licensed in a Member State where competent authorities are not allowed to tender public service contracts in the sense of paragraph 6 of this Article from tendering procedures organised by competent authorities in their territory in accordance to paragraph 3 of this Article. This also includes direct or indirect controlled subsidiaries of these railways and any railway company having a shareholder which is a railway company licensed in a Member State where competent authorities do not allow to tender public service contracts.”
Amendment 300 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point a
Article 5 – paragraph 4 – subparagraph 1 - point a
where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 56 000 000 in the case of a public service contract including public transport by rail or,
Amendment 303 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point a
Article 5 – paragraph 4 – subparagraph 1 - point a
where they concern the annual provision of less than 300 000 vehicle-kilometres of public passenger transport services or less than 1500 000 vehicle-kilometres in the case of a public service contract including public transport by rail.
Amendment 341 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b a (new)Regulation (EC) No. 1370/2007
Article 1 – point 4 – point b a (new)Regulation (EC) No. 1370/2007
Article 5 – paragraph 6 a (new)
(ba) The following paragraph is inserted: "(6a) If the competent authority awards a public service contract directly for public rail passenger transport, it shall publish a statement no later than 9 months before the start of the contract in which it shall explain why the viability, efficiency and quality objectives of the public service can only be achieved through its chosen award procedure."
Amendment 393 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point a
Article 1 point 8 – point a
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
'2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways, tramways or tram- train systems shall comply with Article 5(3) as from 3 December 2019. All public service contracts by other track-based modes and by road must have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity.'
Amendment 134 #
2013/0016(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) networks that are functionally separate from the rest of the railway system and intended only for the operation of regional, local, urban or suburban passenger services, as well as railway undertakings operating solely on these networks;
Amendment 135 #
2013/0016(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) Organizationally and technically separate railway lines using a track gauge different than the one dominant in the given Member State, having direct access to the railway infrastructure of countries outside the EU, as well as railway undertakings operating solely on these lines;
Amendment 144 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘national rules’ means all binding rules notified by a Member State containing railway safety, operational or technical requirements imposed at Member State level and applicable to railway undertakings actors, irrespective of the body issuing them;
Amendment 170 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point y a (new)
Article 3 – paragraph 1 – point y a (new)
(ya) 'consignee' means any natural or legal person which is identified as such in the consignment note and which receives the goods and aforesaid consignment note;
Amendment 174 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point y b (new)
Article 3 – paragraph 1 – point y b (new)
(yb) 'carrier' means any enterprise with whom the consignor or the passenger has concluded the contract of carriage or a successive carrier who is liable on the basis of that contract;
Amendment 175 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point y c (new)
Article 3 – paragraph 1 – point y c (new)
(yc) 'railway actors' involved in the safety chain are: railway undertakings, infrastructure managers, entities in charge of maintenance, rolling stock keepers, manufacturers, consignors, consignees, carriers, loaders, fillers and unloaders;
Amendment 176 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency each for their own missions shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents. Member States shall ensure that measures to develop and improve railway safety take account of the need for a system based approach. The main system actors shall bear the responsibility for the safety of the system, each for their own duties, without prejudice to civil liability in accordance with the legal requirements of the Member States.
Amendment 259 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. TheBefore any start of operation of a new service, a single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and in other relevant legislation and system specific rules in order to control risks and provide transport services safely on the networkin the intended area of operation. The single safety certificate shall also be valid without extension of the area of operations for vehicles travelling to the stations of neighbouring Member States with similar network characteristics, when those stations are close to the border, following consultation of the relevant national safety authorities. This consultation may be on a case-by-case basis or set out in a cross border agreement between national safety authorities.
Amendment 283 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Three months before the start of operation of any new service, the railway undertaking shall notifyprovide to the relevant national safety authoritAgency the documentation confirming that:
Amendment 295 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
(ea) Within one month, the Agency indicates to the applicant whether the file is complete or not.
Amendment 297 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e b (new)
Article 10 – paragraph 4 – subparagraph 1 – point e b (new)
(eb) The Agency shall issue the Single Safety Certificate within three months after receiving the request. Any negative decision shall be duly justified.
Amendment 322 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. An appeal may be brought to the Board of Appeal designated under Article 54 of the Agency regulation against decisions of the Agency or its failure to act within the time limits defined in article 10.2, 5 & 6. Any natural or legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency.
Amendment 99 #
2013/0015(COD)
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) networks that are functionally separate from the rest of the railway system and intended only for the operation of regional, local, urban or suburban passenger services, as well as railway undertakings operating solely on these networks.;
Amendment 103 #
2013/0015(COD)
Proposal for a directive
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
Amendment 112 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘upgrading’ means any major modification work on a subsystem, a vehicle or part of it which results in a major change in the technical file accompanying the ‘EC’ declaration of verification, if this technical file exists, and which improves the overall performance of the subsystem. Each TSI shall specify "major" modifications for the relevant subsystem or vehicle;
Amendment 119 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘renewal’ means any major substitution work on a subsystem, a vehicle or part of it which does not change the overall performance of the subsystem or vehicle. Each TSI shall specify "major" modifications for the relevant subsystem and vehicle;
Amendment 130 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘national rules’ means all binding rules notified by a Member State containing railway safety, operational or technical requirements imposed at Member State's level and applicable to railway undertakingactors, irrespective of the body which issuinged them;
Amendment 146 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
(39a) 'area of use' means a line, a network or a group of lines or networks in one or several Member States in which an interoperability constituent is intended to be used specified in the technical and maintenance files;
Amendment 150 #
2013/0015(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. SFixed subsystems shall comply with the TSIs in force at the time of their placing in service, upfirst appointment of a Notified Body and at the latest at the time of gradnting or renewal, in accordance with this Directive; tf building permits; vehicles shall be in compliance with the TSIs and national rules in force at the time of the first appointment of a Notified Body. This compliance shall be permanently maintained while each subsystem is in use.
Amendment 174 #
2013/0015(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. A member of the network of representative bodies can act as applicant to request opinions about deficiencies in TSIs via the Commission. The applicant of its decision shall be informed of the decision taken. The Commission shall duly justify any refusal.
Amendment 212 #
2013/0015(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 217 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Each national safety authority shall authorise the placing in service of thect as a one-stop-shop for all fixed installations such as energy and, infrastructure, trackside control command and signalling subsystems which are located or operated in the territory of its Member State.
Amendment 253 #
2013/0015(COD)
Proposal for a directive
Article 19
Article 19
Amendment 256 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A vehicle shall be placed oin the market service only after having received the vehicle authorisation for placing oin the marketservice issued by the Agency in accordance with paragraph 5.
Amendment 266 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall issue decisions granting vehicle authorisations for placing oin the marketservice. Those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the TSIs and sets of national rules for the area of use according to paragraph 9. The vehicle authorisation for placing oin the marketservice shall also provide information about the vehicle's compliance with the relevant TSIs and sets of national rules, for the area of use according to paragraph 9 related to these parameters.
Amendment 271 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The vehicle authorisation for placing oin the market mayservice shall stipulate conditions for the use of the vehicle and other restrictions.
Amendment 274 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The vehicle authorisation for placing oin the marketservice shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence offollowing:
Amendment 287 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – point i
Article 20 – paragraph 4 – point i
(i) the placing on the market of the mobile subsystems composing the vehicle according to Article 19declaration of EC verification of the vehicle and the technical file accompanying it;
Amendment 291 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – point j
Article 20 – paragraph 4 – point j
(j) the technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules and registerscertificate of verification in the case of national rules according to annex VI 3;
Amendment 292 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – point j a (new)
Article 20 – paragraph 4 – point j a (new)
Amendment 296 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – point k
Article 20 – paragraph 4 – point k
(k) the safe integration of the subsystems referred to in point (a) withdocumentary evidence of the technical compatibility and safe integration of the vehicle within the area of use according the vehicleo paragraph 9, established on the basis of the relevant TSIs, national rules, registers, if necessary, in (non-binding) consultation with the infrastructure manager, and the common safety methods set out in Article 6 of Directive …/….../... [on the safety of the rail system within the Union]. Or. en (This Article shall be the new Article 20, paragraph 4d.)
Amendment 297 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 1
Article 20 – paragraph 5 – subparagraph 1
The Agency shall take the decisions referred to in paragraph 2 within a pre- determined, reasonable time, and, in any case, within four months from receipt of all relevant information. These from the applicant. Within 1 month, the Agency shall indicate to the applicant whether the file is complete or not. Any negative decision made by the Agency shall be duly justified. Such authorisations shall be valirecognised in all Member States. The criteria checked by the Agency may be related to rules referred to in Article 13.3. The Agency may request additional information to be supplied, risk analyses to be carried out in accordance with Article 6(3)(a) of Directive 2004/49/EC or tests to be conducted on the network in order to verify the criteria referred to in the paragraph above. The infrastructure manager, in consultation with the applicant, shall make every effort to ensure that any tests can take place within three months of the applicant's request. Where appropriate, the Agency shall take measures to ensure that the tests take place.
Amendment 303 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 2
Article 20 – paragraph 5 – subparagraph 2
The Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing oin the marketservice. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing oin the marketservice and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.
Amendment 312 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Agency may issue vehicle authorisation for placing oin the marketservice for a series of vehicles. Any negative decision made by the Agency shall be duly justified. Those authorisations shall be valirecognised in all Member States.
Amendment 317 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. The applicant, any natural or legal person or a member of the network of representative bodies may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against any decisions of the Agency or its failure to act within the time limits referred to in paragraph 5this article.
Amendment 321 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 8 – introductory part
Article 20 – paragraph 8 – introductory part
8. In the event of renewal or upgrading of existing vehicles which already have a, in addition to the requirement for a new 'EC' declaration of verification, the applicant shall ask the Agency for a new vehicle authorisation for placing oin the marketservice when either:
Amendment 324 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 8 – point (a)
Article 20 – paragraph 8 – point (a)
(a) a new ‘EC’ declaration of verification shall be needed as set out in Article 15(4), andthe overall safety level of the vehicle concerned may be substantially adversely affected by the works envisaged; or
Amendment 326 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 8 – point b
Article 20 – paragraph 8 – point b
(b) a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already grantedit is required by the relevant TSIs. During an upgrade or a renewal only the modification shall be in scope of this article.
Amendment 328 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 335 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2
Article 20 – paragraph 9 – subparagraph 2
Amendment 339 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 a (new)
Article 20 – paragraph 9 – subparagraph 2 a (new)
Amendment 340 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 b (new)
Article 20 – paragraph 9 – subparagraph 2 b (new)
Amendment 341 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 c (new)
Article 20 – paragraph 9 – subparagraph 2 c (new)
Amendment 353 #
2013/0015(COD)
Proposal for a directive
Article 21
Article 21
Amendment 372 #
2013/0015(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 393 #
Amendment 394 #
2013/0015(COD)
Proposal for a directive
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Each Member StateThe Agency shall keep a register of the vehicles placed in service in its territorythe Union. This register shall meet the following criteria:
Amendment 395 #
2013/0015(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) it shall be kept updated by a body independent of any railway undertakingthe Agency;
Amendment 94 #
2013/0014(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Legal status Legal status and location of the Agency
Amendment 97 #
2013/0014(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Agency shall be based at a central location enabling the travel time and travel costs for staff from the NSAs and stakeholders from the railway sector to be kept as low as possible. The Agency shall be based at a location which attracts qualified staff.
Amendment 123 #
2013/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Agency shall issue opinions at request of either national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)] or the members of the network of representative bodies as referred to in Article 34 concerning safety-related and interoperability-related aspects of matters drawn to their attention.
Amendment 179 #
2013/0014(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Authorisations for placing in service of trackside control-command and signallingERTMS sub-systems
Amendment 264 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Agency shall set up and keepdefine European registers provided for in Article 43, 44 and 45 of Directive … [Interoperability Directive] in a practical, efficient and user-friendly format to fully support business and operational needs. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:
Amendment 267 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d a (new)
Article 33 – paragraph 1 – point d a (new)
(da) setting-up and maintaining the registers referred to in article 33 paragraph 2 g), i) and ma) new
Amendment 338 #
2013/0014(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Any natural or, legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18.
Amendment 342 #
2013/0014(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The appeal, together with the statement of grounds thereof, shall be filed in writing at the Agency within two months of the notification of the measure to the person concerned, or, if the person is not notified of the measure, within two months of the day on which it came to their knowledgeabsence of a decision within the time limit defined pursuant to Articles 12, 16, 17 and 18.
Amendment 346 #
2013/0014(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. When examining the appeal, the Board of Appeal shall act expeditiouslydecide within 2 months from receipt of all relevant information. The Board of Appeal shall request this relevant information within 1 month.. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.
Amendment 279 #
2013/0012(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States on the territory of which exist already at the day of the entry into force of this Directive hydrogen refuelling points shall ensure that a sufficient number of publicly accessible refuelling points are available, with distances not exceeding 3200 km on TEN-T Core Networks, and one refuelling station per 250 000 inhabitants in urban areas, to allow the circulation of hydrogen vehicles within the entire national territory by 31 December 2020 at the latest and for other Member States by 31 December 2030.
Amendment 327 #
2013/0012(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Member States shall ensure that a sufficient number of publicly accessible refuelling points are available, with maximum distances of 150 km, to allow the circulation of CNG vehicles Union- wide by 31 December 2020 at the latest.
Amendment 361 #
2013/0012(COD)
Proposal for a directive
Annex I – point 5 – indent 2
Annex I – point 5 – indent 2
– national targets, established year by year, for the deployment of alternative fuels (electricity, hydrogen, CNG, biofuels, etc.) in the different transport modes and for the relevant infrastructure in order to achieve 2020 national targets.
Amendment 10 #
2012/2298(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that a European transport- technology strategy for Europe's future sustainable mobility should be based on the Union's targets and legislation regarding the reduction of energy consumption, traffic noise, air pollutants, raw materials and greenhouse gas emissions up to 2020, 2030 and 2050, as well as improving health and quality of life, increasing the quality of services and enhancing safety and security;
Amendment 13 #
2012/2298(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that more efficient, coherent and targeted use of R&I in the setting and implementation of transport policy is key in order to respond to new realities, breaking away from conventional thinking and focusing on pioneering ideas;
Amendment 30 #
2012/2298(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that R&I should also focus on the development of sustainable infrastructure elements supporting the migration of renewable primary products such as wood or compound material as railway infrastructure components (e.g. poles for catenary or signalisation, building material for platform or bridges). This also includes R&I activities developing an alternative for creosote as impregnation substance for wooden sleepers which will be abolished in 2018 due to EU legislation;
Amendment 39 #
2012/2298(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need for research on fair intra- and intermodal competition in the transport sector, including technological tools for improving the enforcement of, and controls on, social conditions and minimum working conditions and wages;
Amendment 42 #
2012/2298(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is convinced that innovative technologies connected with the interaction between hard and soft infrastructure and vehicles play a significant role in reducing accidents, noise and vibrations, energy consumption, gas emissions and climate impact;
Amendment 45 #
2012/2298(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Confirms that efforts to achieve cleaner power for transport and mobility technologies should be linked to more efficient concepts involving less volume and weight, as well as better vehicle design; underlines the potential of innovative energy savings through better use of wind, waves, sun, gravitation and energy harvesting measures such as regenerative forces;
Amendment 63 #
2012/2298(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that European Satellite Navigation Systems such as Galileo should be a major pillar for developing intelligent and efficient transport in Europe;
Amendment 74 #
2012/2298(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the need to develop innovative long-lasting infrastructure and solutions – including greater development of information, payment and reservation systems – that lead to win-win situations in terms of barrier-free accessibility for disabled people and persons with reduced mobility (PRMs), such as users with wheelchairs, buggies, bicycles or heavy luggage;
Amendment 86 #
2012/2298(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights the need for the Commission to improve its activities in the transfer of knowledge resulting from R&I activities to interested users (such as SMEs or research institutes) by creating a clustered database providing a clear categorised overview of all R&I projects funded by the EU;
Amendment 72 #
2012/2297(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that the EU shipbuilding industry has the potential to increase its contribution to growth and employment by exploiting the opportunities arising from demand for ‘'clean ships’' (increased energy efficiency and reduced SOx, NOx emissions) and vessels and structures suitable for the construction, installation and operation of offshore wind farms;
Amendment 44 #
2012/2056(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that eCall should be a publictechnology neutral EU-wide emergency call system, embedded in the vehicleutilising eCall in-vehicle systems and based on 112 and on common pan-European standards, in order to ensure a reliable and affordable service that can work seamlessly and interoperably across Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all drivers;
Amendment 60 #
2012/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112- based eCall system and/or a TPS eCall systems ensuring the same functionality by 20156 in all new type-approved cars and in all Member States, provided that the infrastructure is in place in all Member States;
Amendment 92 #
2012/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt the common specifications for PSAPs within the framework of the ITS Directive by the end of 2012, and to consider proposinge a directive on the implementation of eCall;
Amendment 125 #
2012/2056(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 130 #
2012/2056(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 139 #
2012/2056(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 82 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V Member States shall by 30 April each year report these data to the Commission.
Amendment 91 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 98/70/EC
Article 7d – paragraph 5
Article 7d – paragraph 5
By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up and publish a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing.
Amendment 148 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – subpoint a
Article 2 – point 5 – subpoint a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
In the case of installations that were in operation on or before 1st of July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.
Amendment 170 #
2012/0288(COD)
Proposal for a directive
Article 3
Article 3
The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land- use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non- land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC. In case there is no available scientific evidence, the European Commission shall facilitate such a study.
Amendment 1 #
Amendment 18 #
2012/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) According to the technical analysis made for the impact assessment, the technologies to meet the target of 147 g CO2/km are available and the required reductions may be achieved at a lower cost than estimated in the previous analysis carried out previous to the adoption of Regulation (EU) No 510/2011. In addition, the distance between the current average specific emissions of CO2 from new light commercial vehicles and the target has also decreased. Therefore, the feasibility of the target of 147 g CO2/km to be reached by 2020 is confirmedA more stringent target, equivalent to the target set by Regulation 443/2009 is both feasible and cost- effective. Therefore, the target for 2020 shall be set at 135 g CO2/km as initially proposed by the European Commission in 2009.
Amendment 29 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EU) No 510/2011
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020, this Regulation sets a target of 14735 g CO2/km for the average emissions of new light commercial vehicles registered in the Union as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 32 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EU) No 510/2011
Article 2 – paragraph 4
Article 2 – paragraph 4
Article 4, Article 8(4)(b) and (c), Article 9 and Article 10(1)(a) and (c) shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 5200 new light commercial vehicles registered in the EU in the previous calendar year.
Amendment 48 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Regulation (EU) No 510/2011
Annex 1 – point 1 – point c
Annex 1 – point 1 – point c
Indicative specific emissions of CO2 = 14735 + a × (M – M0)
Amendment 53 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EU) No 510/2011
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Amendment 46 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 443/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 95 g CO2/km as average emissions for the new car fleetpassenger cars registered in the Union as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies.
Amendment 55 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Article 4, Article 8(4)(b) and (c), Article 9 and Article 10(1)(a) and (c) shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 5200 new passenger cars registered in the EU in the previous calendar year.
Amendment 65 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 443/2009
Article 5 a (new) – paragraph 1
Article 5 a (new) – paragraph 1
In calculating the average specific emissions of CO2, each new passenger car with specific emissions of CO2 of less than 35 g CO2/km shall be counted as 1.32 passenger cars in the period from 2020 to 2023 and as 1 passenger car from 2024 onwards.
Amendment 34 #
2012/0186(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a condition which complies with the existing safety and environmentally acceptable condition during their use legislative framework. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles which constitute an immediate risk to road safety are not used on roads.
Amendment 37 #
2012/0186(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 44 #
2012/0186(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 84 #
2012/0186(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Each Member State shall carry out in every calendar year a total number of initial roadside inspections, corresponding to at least 53% of the total number of vehicles referred to in Article 3(1) that are registered in its territory.
Amendment 89 #
2012/0186(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 92 #
2012/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 128 #
2012/0186(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A more detailed roadside inspection shall be carried out using a mobile inspection unit, or in a testing centre as referred to in Regulation (EU) NO XXX/XXX of the European Parliament and of the Council of [date] on roadworthiness tests for motor vehicles and for their trailers. In the case of an inspection carried out in a testing centre, controllers shall book in advance a free capacity in the centre so that periodic inspections already scheduled will not be affected.
Amendment 51 #
2012/0184(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A large fraction of total emissions of road transport, in particular CO2 emissions, is due to a minority of vehicles with malfunctioning emission control systems. It is estimated that 5% of the vehicle fleet causes 25% of all pollutant emissions. This also applies to an increase in particulates and NOx emissions from modern engine designs which require a more comprehensive emission test, including check by operation using an electronic control device of the integrity and functionality of the vehicle's own on- board diagnostic (OBD) system, verified by existing tailpipe testing to ensure a complete emission system test, as OBD only is not reliable. Therefore, a periodic regime of roadworthiness tests would also contribute to improve the environment through the reduction of the average vehicle emissions.
Amendment 171 #
2012/0184(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Roadworthiness tests shall be carried out only by the competent authority of a Member State or by testing centres authorised by Member States or by the supervising bodies set up by them.
Amendment 329 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 4.1.2.
Annex II – Item 4.1.2.
4.1.2. Alignment Determine the horizontal (a) Aim of a headlamp not aim of each headlamp on nd vertical aim of each within limits laid down in dipped beam using a headlamp on dipped beam the requirements(1). using a headlamp aiming device or a scree device and electronic control device in order to control the dynamic functionality where relevant. (b) Check the alignment and the dynamic system headlight function.
Amendment 330 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 4.1.3.
Annex II – Item 4.1.3.
4.1.3. Switching Visual inspection and by (a) Switch does not operation. and using operate in accordance where appropriate an with the requirements(1) electronic control device. (Number of headlamps illuminated at the same time) (b) Function of control control device impaired.
Amendment 331 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 4.1.5.
Annex II – Item 4.1.5.
4.1.5. Levelling devices Visual inspection and by (a) Device not (where mandatory) operation if possible. operation and using operating. where appropriate an electronic control device. (b) Manual device cannot be operated from driver’s seat.
Amendment 332 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 4.3.2.
Annex II – Item 4.3.2.
4.3.2. Switching Emergency brake Visual inspection and by (a) Switch does not light switching operation using an operation. operate in accordancee in accordance electronic control device with the requirements(1) to vary the brake pedal sensor input value and examine by observation with the requirements(1)the emergency brake light functionality. (b) Function of control device impaired. (c) Emergency brake light functions fail to operate, or do not operate fully correctly
Amendment 333 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 4.5.2.
Annex II – Item 4.5.2.
4.5.2 Alignment (X)(2) by operation and using a Front fog lamp out of headlamp aiming device horizontal alignmentnd vertical alignment when the light pattern has pattern has cut-off line
Amendment 342 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 8.2.1.2 – column 2
Annex II – Item 8.2.1.2 – column 2
8.2.1.2 Gaseous emissions Measurement using an exhaust gas analyser in accordance with the requirements(1). Even Alternatively, for vehicles equipped combined with OBD, this tailpipe testing shall be the default method of the exhaust emission assessment. For vehicles equipped with suitable on-board board diagnostic systems, the the proper functioning of the the emission system can be be checked by appropriate reading of the OBD device and checks on the proper functioning of the OBD system in place of emission measurements at engine idle in accordance with the manufacturer’s conditioning recommendations and other requirements(1).
Amendment 347 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 8.2.2.2
Annex II – Item 8.2.2.2
Amendment 28 #
2012/0062(COD)
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2009/16/EC
Article 1 – point a
Article 1 – point a
(-1) In Article 1, point (a) is replaced by: ‘(a) adopting the enforcement of the provisions of the international Conventions as defined in Article 2 (1) of this Directive as a responsibility of the competent authorities of the Member States and increasing compliance with international and relevant Union legislation on maritime safety, maritime security, protection of the marine environment and on-board living and working conditions of ships of all flags;’
Amendment 33 #
2012/0062(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2009/16/EC
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
(1a) In Article 3(1), subparagraph 1 is replaced by the following: ‘1. This Directive shall apply to any ship and its crew in waters within the jurisdiction of a Member State.’
Amendment 34 #
2012/0062(COD)
Proposal for a directive
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 2009/16/EC
Article 3 – paragraph 1 – subparagraph 2 and 3
Article 3 – paragraph 1 – subparagraph 2 and 3
(1b) In Article 3(1), subparagraphs 2 and 3 are deleted.
Amendment 123 #
2011/2196(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the need for reliable LAG (liquids, aerosols and gels) screening equipment that ensures a high degree of probability of detection of a wide range of liquid explosives, but regrets the lack of reliable technology in this area and urges the Commission to consider the consequences for regional airports of adhering to future requirements for LAG screening;
Amendment 91 #
2011/2019(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the European added value of investments in cross-border transport, particularly the TEN-T programme, which improve trans-border and intermodal connections, thus promoting economic development and employment; recalling the traditional under-funding of TEN-T, urges that increased resources be made available for this purpose, including through recourse to alternative sources of financing such as Public Private Partnerships (PPP), earmarking of revenues and other forms of financial instrument; underlines that Cohesion and Regional Funds should be closely linked to TEN-T projects;
Amendment 100 #
2011/2019(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls that the bulk of the new EU competences introduced by the Treaty of Lisbon, in the areas of energy, tourism and space, falls within the remit of Heading 1a; expresses its disappointment that no extra funding for these new policies is proposed by the Commission in the third year after the entry into force of the Lisbon Treaty; underlines that neither Galileo nor GMES – the two main EU space programmes – is to benefit from extra funding by the end of the current MFF and that the Galileo funding is decreasing between 2011 and 2012; reiterates the need to introduce some specific, visible measures in support of tourism, given the economic relevance of this sector, which represents the third industrsocio-economic activity in Europe in terms of size and revenueemployment and GDP creation, and regrets that the Commission is not proposing a new legal basis to replace the three preparatory actions in this field which cannot be extended in 2012; asks that appropriate resources be allocated for the tourism sector in 2012 and 2013 as well as in the future multiannual financial framework;
Amendment 102 #
2011/2019(BUD)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the absence of a specific budget allocation to the Programme to support the further development of an Integrated Maritime Policy (IMP), which should be operational by the end of this year and will need operational credits for 2012;
Amendment 55 #
2011/0397(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 57 #
2011/0397(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
The European Parliament rejects the Commission proposal.
Amendment 34 #
2011/0392(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The Galileo and EGNOS programmes shall cover the development of applications and all the activities needed to define, develop, validate, construct, operate, renew ands well as to improve the two European satellite navigation systems, namely the system established under the Galileo programme and the EGNOS system, and to ensure their security.
Amendment 40 #
2011/0392(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) an exploitation phase ensuring the successful deployment of applications. It will comprisinge infrastructure management, maintenance, ongoing improvement, renewal and protection of the system, certification and standardisation operations associated with the programme, the supply and marketing of services and all other activities needed to develop the system and its applications, and ensure that the programme runs smoothly; the aim is for this phase to begin progressively between 2014 and 2015 with provision of the initial services.
Amendment 43 #
2011/0392(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) activities relating to applications' research and development, and ensure the adoption of the European GNSS.
Amendment 343 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 375 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point f a (new)
Article 7 – paragraph 2 – subparagraph 1 – point f a (new)
Amendment 415 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point i
Article 10 – paragraph 2 – point b – point i
(i) rail and inland waterways: the amount of Union financial aid shall not exceed 20% of the eligible cost; the funding rate may be increased to 30% for actions addressing bottlenecks; the funding rate may be increased to 450% for actions concerning cross-border sections;
Amendment 451 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(c a) with regard to grants for the purchase of new locomotives in conjunction with a scrapping bonus for (i) diesel or hybrid locomotives if emissions are distinctively reduced compared to the scrapped diesel or hybrid locomotive; the funding rate shall not exceed 20% of the eligible costs of the new locomotive. (ii) electric locomotives if cross border operation is distinctively enhanced compared to the scrapped locomotive; the funding rate shall not exceed 20% of the eligible costs of the new locomotive.
Amendment 549 #
2011/0302(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Multiannual work programmes in the field of transport shall be adopted for projects of common interest as listed in Part I of the Annex to this Regulation, in which the percentage of funds allocated to less polluting modes shall be at least 85% of the total transport budget.
Amendment 569 #
2011/0302(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Member States shall inform the Commission continuously, if relevant through the interactive geographical and technical information systems, which in case of the trans-European transport networks is TENtec, about the progress made in implementing projects of common interest and the investments made for this purpose including the amount of support used for climate change objectives. The TENtec shall be publicly and easily accessible. It shall contain project-specific and updated information on the forms and amounts of EU co-funding as well as on the progress of each project.
Amendment 584 #
2011/0302(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Commission shall communicateget acceptance for the conclusions of these evaluations toby the European Parliament, and communicate it to the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 601 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – introductory part
Annex – Part I – point 1 – introductory part
Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Ljubljana – Koper/Trieste Szczecin/Świnoujście - Poznań/Zielona Góra - Wrocław - Ostrava
Amendment 602 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – introductory part
Annex – Part I – point 1 – introductory part
Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Ljubljana – Koper/Trieste Szczecin/Świnoujście - Poznań - Wrocław - Ostrava
Amendment 620 #
2011/0302(COD)
Wrocław - Poznań - Rail works Szczecin/Świnoujście
Amendment 621 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – row 9 a (new)
Annex – Part I – point 1 – row 9 a (new)
Wrocław - Rail works Poznań/Zielona Góra - Szczecin/Świnoujście
Amendment 622 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – row 9 b (new)
Annex – Part I – point 1 – row 9 b (new)
Świnoujście, Szczecin Port port interconnections
Amendment 140 #
2011/0294(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to achieve a high-quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements, the impact of climate change and of potential natural and man-made disasters on infrastructure and accessibility for all transport users, including persons with reduced mobility.
Amendment 152 #
2011/0294(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Core network corridors should also address wider transport policy objectives and facilitate modal integration and multi- modal operations. This should allow specially developed corridors that are optimised in terms of energy use and emissions, thus minimising environmental impacts, and are also attractive for their reliability, limited congestion and low operating and administrative costs. An initial list of corridors should be included in the Regulation (EU) XXX/2012 [Connecting Europe Facility], but should be adaptable in order to take account of changes in traffic flows. Based on this list, the core network corridors shall be illustrated by a schematic indicative map contained in Annex I of this Regulation.
Amendment 206 #
2011/0294(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘urban node’ means an urban area whereincluding the transport infrastructure of the trans-European transport network isuch as ports, airports, railway stations, logistic platforms and freight terminals located in and around an urban area and connected with other parts of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 335 #
2011/0294(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) freight terminals and, logistic platforms for the transhipment of goods within the rail mode and rail connections with industrial areas and sites as well as interconnecting points between rail and other transport modes;
Amendment 336 #
2011/0294(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) stations along the lines indicated in Annex I for the barrier-free access and transfer of passengers within the rail mode and between rail and other transport modes;
Amendment 351 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) railway lines are equipped with ERTMS, except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 357 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) railway infrastructure complies with the requirements of the tTechnical sSpecification for Interoperability (TSIs) adopted pursuant to Article 6 of Directive 2008/57/EC for new and upgraded lines, except in duly justified cases, where allowed by the relevant TSI or under the procedure provided for in Article 9 of Directive 2008/57/EC. In any case, the railway infrastructure shall comply with the following requirements:
Amendment 367 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 –point c – subpoint 1
Article 13 – paragraph 3 –point c – subpoint 1
(1) nominal track gauge for new railway lines: 1 435 mm, except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 375 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3–point c – subpoint 2
Article 13 – paragraph 3–point c – subpoint 2
(2) electrification, except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 384 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3–point c – subpoint 3
Article 13 – paragraph 3–point c – subpoint 3
(3) lines which are used by conventional freight trains: 22,5 t axle load, and 750 m train length, except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 391 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c – subpoint 4
Article 13 – paragraph 3 – point c – subpoint 4
(4) maximum gradients for new lines which are to be used by conventional freight trains: 12,5 mm/m., except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 431 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) rivers, canals and lakes comply with the minimum requirements for class IV waterways as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways and ensure continuous bridge clearance in full compliance with the provisions laid down in Article 42.
Amendment 437 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(b a) Rivers, canals and lakes shall guarantee good navigation status through close coordination and standards on minimum service levels as regards the navigation function, waterway infrastructure maintenance and safety across waterways.
Amendment 445 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) connecting inland port infrastructure to railway freight transport infrastructure.
Amendment 550 #
2011/0294(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. Within the sphere of their responsibility, Member States, operators of freight terminals, ports and airports, and infrastructure managers shall, in a fair and non-discriminatory manner, ensure that:
Amendment 594 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. The infrastructure of the core network shall meet all the requirements set out in Chapter II without exception. In addition, the following requirements shall also be met by the infrastructure of the core network: except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 605 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a – indent 1
Article 45 – paragraph 2 – point a – indent 1
– full electrification of the railway lines except in duly justified cases where derogations under TSIs 'specific cases' apply;
Amendment 615 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a – indent 2
Article 45 – paragraph 2 – point a – indent 2
– lines with regularconventional freight traffic: at least 22.5 t axle load, 100 km/h line speed and 7540 m total train length; , plus a 10 m safety margin. The total train length could be extended, in particular on the core network corridors, to up to 1,500 m if there is a clear socio-economic benefit and operational and technical feasibility allows it; except in duly justified cases where derogations under TSIs 'specific cases' apply.
Amendment 673 #
2011/0294(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3 a. With regards to rail infrastructure, the governance structure of rail freight corridors (Regulation (EU) No 913/2010) will be fully integrated into those of the core network corridors.
Amendment 685 #
2011/0294(COD)
Proposal for a regulation
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
2 a. Based on Annex I to Regulation (EU) No XXX/2012 [Connecting Europe Facility], the core network corridors shall be illustrated by a schematic indicative map contained in Annex I of this Regulation.
Amendment 710 #
2011/0294(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The corridor platform shall be composed of the representatives of the Member States concerned and, as appropriate, other public and private entities. In any case, the relevant infrastructure managers as defined in Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure shall participate in the corridor platform. As appropriate, the interests of the infrastructure users shall be taken into account.
Amendment 748 #
2011/0294(COD)
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 1 – point c a (new)
Article 54 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) adjust the schematic indicative map for the core network corridors whenever the list of core network corridors set out Annex I to Regulation (EU) No XXXX/2012 [Connecting Europe Facility] is changed.
Amendment 816 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 12/33
Annex I – Volume 12/33
to add the connection Berlin - Küstrin- Kietz - Kostrzyn nad Odrą - Gdańsk to the rail comprehensive network
Amendment 817 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 12/33
Annex I – Volume 12/33
to add the connection Berlin - Forst (Lausitz) - Wrocław to the rail core network
Amendment 828 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 13/33
Annex I – Volume 13/33
to add the connection Berlin - Küstrin- Kietz - Kostrzyn nad Odrą - Gdańsk to the rail comprehensive network
Amendment 829 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 13/33
Annex I – Volume 13/33
to add the connection Berlin - Forst (Lausitz) - Wrocław to the rail core network
Amendment 847 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 14/33
Annex I – Volume 14/33
to add the connection Berlin - Küstrin- Kietz - Kostrzyn nad Odrą - Gdańsk to the rail comprehensive network
Amendment 848 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 14/33
Annex I – Volume 14/33
to add the connection Berlin - Forst (Lausitz) - Wrocław to the rail core network
Amendment 849 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 14/33
Annex I – Volume 14/33
to add the connection Berlin - Szczecin to the rail core network
Amendment 850 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 14/33
Annex I – Volume 14/33
to add the connection Berlin - Szczecin as rail and road core network section
Amendment 865 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 15/33
Annex I – Volume 15/33
to add the connection Berlin - Szczecin to the rail core network
Amendment 866 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 15/33
Annex I – Volume 15/33
to add the connection Berlin - Szczecin as rail and road core network section
Amendment 872 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 15/33
Annex I – Volume 15/33
to add the connection Berlin - Küstrin- Kietz - Kostrzyn nad Odrą - Gdańsk to the rail comprehensive network
Amendment 873 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 15/33
Annex I – Volume 15/33
to add the connection Berlin - Forst (Lausitz) - Wrocław to the rail core network
Amendment 36 #
2011/0276(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objectives of the CSF Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of protecting and improving the environment as set out in Article 11 and 19 of the Treaty, taking into account primarily the polluter pays principle. The Member States should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the Union budget to this end, using a methodology adopted by the Commission by implementing act.
Amendment 40 #
2011/0276(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) It is necessary to fix the limits of those resources for the ‘Iinvestment for growth and jobs’ goal and to adopt objective criteria for their allocation to regions and Member States. In order to encourage the necessary acceleration of development of infrastructure in transport and energy as well as information and communication technologies across the Union, a Connecting Europe Facility should be created. The allocation of the annual appropriations from the Funds and the amounts transferred from the Cohesion Fund to the Connecting Europe Facility to a Member State should be limited to a ceiling that would be fixed taking into account the capacity of that particular Member State to absorb these appropThe development of infrastructure across the Union shall be accelerated, including the trans-European as well as fundamental national infrastructure, strengthening of trans-border links and removal of bottlenecks. For this purpose, investments in sustainable transport and transport efficiency shall be seen as one of the key prioriationes. In addition, in line with the headline target on poverty reduction, it is necessary to reorient the scheme for food support for the most deprived persons to promote social inclusion and the harmonious development of the Union. A mechanism is envisaged which transfers resources to this instrument and ensures that these will be constituted from ESF allocations through an implicit corresponding decrease of the minimum percentage of the Structural Funds to be allocated to the ESF in each country.
Amendment 43 #
2011/0276(COD)
Proposal for a regulation
Recital 90
Recital 90
(90) The Commission should be empowered to adopt, by means of implementing acts, as regards all CSF Funds, decisions approving the Partnership Contracts, decisions on the allocation of the performance reserve, decisions suspending payments linked to Member States' economic policies, and, in the case of decommitment, decisions to amend decisions adopting programmes; and as regards the Funds, decisions identifying the regions and Member States fulfilling the Investment for growth and jobs criteria, decisions setting out the annual breakdown of commitment appropriations to the Member States, decisions setting out the amount to be transferred from each Member State's CF allocation to the Connecting Europe Facility, decisions setting out the amount to be transferred from each Member State's Structural Funds allocation for food for deprived people, decisions adopting and amending operational programmes, decisions on major projects, decisions on joint action plans, decisions suspending payments and decisions on financial corrections.
Amendment 46 #
2011/0276(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The part of the Union budget allocated to the CSF Funds shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with Article 53(b) of the Financial Regulation, with the exception of the amount of the CF transferred to the Connecting Europe Facility referred to in Article 84(4) and innovative actions at the initiative of the Commission under Article 9 of the ERDF Regulation, and technical assistance at the initiative of the Commission.
Amendment 50 #
2011/0276(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The objectives of the CSF Funds shall be pursued in the framework of sustainable development and the Union's promotion of the aim of protecting and improving the environment, as set out in Article 11 of the Treaty, taking into account primarily the polluter pays principle.
Amendment 51 #
2011/0276(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
The Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, climate change mitigation and adaptation, transport sustainability and transport efficiency, disaster resilience and risk prevention and management are promoted in the preparation and implementation of Partnership Contracts and programmes. Member States shall provide information on the support for climate change objectives using the methodology adopted by the Commission. The Commission shall adopt this methodology by means of an implementing act. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 57 #
2011/0276(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 7
Article 9 – paragraph 1 – point 7
(7) promoting sustainable transport andincluding sustainable urban transport and connections to urban and rural areas, removing bottlenecks in key network infrastructures and strengthening of trans- border links;
Amendment 61 #
2011/0276(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 9
Article 9 – paragraph 1 – point 9
(9) promoting social inclusion, cultural exchange, tourism and combating poverty;
Amendment 75 #
2011/0276(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall concentrate support, in accordance with the Fund-specific rules, on actions bringing the greatest added value in relation to the Union strategy for smart, sustainable and inclusive growth within the time frame of the multiannual financial framework 2014-2020, addressing the challenges identified in the country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty, and taking into account national and regional needs.
Amendment 36 #
2011/0275(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The ERDF should contribute to the Europe 2020 strategy, thus ensuring greater concentration of ERDF support on the priorities of the Union. According to the category of regions supported, the support from the ERDF should be primarily concentrated on research and innovation, small and medium-sized enterprises and climate change mitigation. The degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose GDP per capita for the 2007-13 period was less than 75% of the average GDP of the EU-25 for the reference period.
Amendment 41 #
2011/0275(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) A shift towards sustainable mobility - based on multimodal transport, integrated transport systems and diversion of international and transit traffic out of the city centres - is crucial to achieve its EU 2020 targets, given that transport accounts for 24 % of all CO2 emissions in the Union and transport in the Union has seen its emissions increase by 34 % since 1990. The sustainable mobility will require major investments, e.g. in bypassing urban areas, promotion of modern and environmentally friendly public transport, intelligent traffic management systems as well as public logistic platforms or intermodal terminals.
Amendment 43 #
2011/0275(COD)
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7 c) New funding priorities focusing on the achievement of complex multimodal transport are indispensable.
Amendment 44 #
2011/0275(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at Union level, the ERDF should support innovative actions and technologies in the field of sustainable urban development including innovative traffic management systems.
Amendment 48 #
2011/0275(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The ERDF should address the problems of accessibility to, and remoteness from, large markets facing areas with an extremely low population density, as referred to in Protocol No 6 on special provisions for Objective 6 in the framework of the Structural Funds in Finland and Sweden to the 1994 Act of Accession. The ERDF should also address the specific difficulties encountered by certain islands, mountainous areas, border regions and sparsely populated areas whose geographical situation slows down their development, with a view to supporting their sustainable development. As a next point, the ERDF should address the problems of regular transport services to and from national and regional capitals, links between cities and their surrounding areas - including rural areas - or regions, connections of industrial zones and international airports as well as cultural exchange and tourism infrastructure.
Amendment 51 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) investments in infrastructure providing basic services to citizens in the areas of energy, environment, transport,sustainable tourism and transport - including removal of bottlenecks, connections of industrial zones and international airports to trans- European and fundamental national infrastructure, strengthening of trans- border links as well as the links between cities and their surrounding areas or regions - and information and communication technologies (ICT);
Amendment 55 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
(iii) support to public research and innovation bodies and investment in technology and, transport safety, technological innovation in transport and mobility as well as applied research in enterprises;
Amendment 97 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e
Article 5 – paragraph 1 – point 4 – point e
(e) promoting low-carbon strategies for urban areas, including sustainable mobility chains that combine walking- cycling-carpooling-public transport and mobility, intelligent traffic management systems and diversion of international and transit traffic out of the city centres;
Amendment 114 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a
Article 5 – paragraph 1 – point 7 – point a
(a) supporting a multimodal Single European Transport Area by investing in the Trans-European Transport Network (TEN-T) network and the modernisation of existing fundamental infrastructure;
Amendment 117 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Article 5 – paragraph 1 – point 7 – point b
(b) enhancing regional and local mobility through connecting secondary and tertiary nodes and other places to TEN-T infrastructure and among each other where relevant;
Amendment 132 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point d a (new)
Article 5 – paragraph 1 – point 7 – point d a (new)
(d a) developing a complex system of multimodal transport including public logistic platforms, intermodal terminals and initial support of regular intermodal transport links as well as inclusion of industrial zones and international airports in multimodal transport and their adequate connection to trans-European and fundamental national infrastructure;
Amendment 140 #
2011/0275(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The ERDF shall support, within operational programmes, sustainable urban development through strategies setting out integrated actions to tackle the economic, environmental, climate, transport and social challenges affecting urban areas.
Amendment 158 #
2011/0275(COD)
Proposal for a regulation
Annex – row 15
Annex – row 15
Railway km Total length of new railway line of which: TEN-T km Total length of repaired, reconstructed or upgraded railway line of which: TEN-T
Amendment 162 #
2011/0275(COD)
Proposal for a regulation
Annex – row 19
Annex – row 19
Roads km Total length of newly built roads of which: TEN-T km Total length of repaired, reconstructed or upgraded roads of which: TEN-T
Amendment 163 #
2011/0275(COD)
Proposal for a regulation
Annex – row 20 a (new)
Annex – row 20 a (new)
International airports minutes Total reduction of the average time needed to reach the airport by means of public transport from the nearest city centre
Amendment 18 #
2011/0177(APP)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the additional €10bn from the Cohesion fund are to be centrally managed under the CEF in order to deliver clear EU-added value in Cohesion countries; stresses that the Commission decision shall be based on a principle of investing money within the territory of a beneficial country along the agreed TEN- T project;
Amendment 1 #
2010/2248(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the time has come for strategic long-term investment in Europe to be substantially increased; with a particular focus on key areas of European infrastructures and cohesion;
Amendment 34 #
2010/2004(BUD)
Motion for a resolution
Paragraph 14 a new
Paragraph 14 a new
14 a. Stresses that transport is an essential element of the European economy, enabling the mobility of persons, goods and knowledge across borders; underlines that transport is a vector of equality and social mobility, for young people in particular, since it opens up opportunities and improves exchanges in the field of knowledge and training;
Amendment 55 #
2010/2004(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that the priorities for 2011, in view of the EU 2020 strategy, will be financed mainly from this heading, and that the Lisbon Treaty's extension of EU competences (for example in space policy and tourism) is likely to have budgetary implications;
Amendment 56 #
2010/2004(BUD)
Motion for a resolution
Paragraph 25 a new
Paragraph 25 a new
25a. Refers to Title XII, Article 195 on 'Tourism' of the Treaty of Lisbon, and demands that full and close attention should be paid to the promotion and networking of cross-border sustainable tourism initiatives that contribute to soft mobility, climate protection and the creation of a favourable environment for the development of small and medium enterprises;
Amendment 60 #
2010/2004(BUD)
Motion for a resolution
Paragraph 26 a new
Paragraph 26 a new
26a. Recalls that, in the context of Europe's economic recovery, investment in transport particularly via investment in the TEN-Ts, has a crucial role to play in driving forward growth and employment as well as in advancing Europe's economic and environmental interests;
Amendment 61 #
2010/2004(BUD)
Motion for a resolution
Paragraph 26 b new
Paragraph 26 b new
26b. Attaches high importance to transport safety in all modes and considers, particularly after the recent tragic railway accidents and the continuing high level of road fatalities, that the EU should boost co-funding efforts within the TEN-Ts and other financing instruments for improving safety systems;
Amendment 80 #
2010/2004(BUD)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Expects the fight against climate change to remain high on the EU’s ‘post- Copenhagen’ political agenda in 2010 and 2011, and recalls that, as part of a broader approach, sustainable development is an ongoing responsibility to the next generations; asks the Commission to provide a clear action plan and timetable for the implementation of appropriations under the EU action programme to combat climate change; underlines that the transport sector represents a great potential in the fight against climate change and calls on the Commission to give priority to measures for decarbonisation in all transport modes; recalls that the release of the reserve on this line will depend upon the Commission’s proposals;
Amendment 38 #
2010/2002(BUD)
Motion for a resolution
Paragraph 20 a new
Paragraph 20 a new
20a. Welcomes the effort that has been made on TEN-Ts but, as regards the budget for transport, which is strategic for the European economy and social life, expresses concern about the constraints and lack of margin that weighs upon all remaining transport policies;
Amendment 39 #
2010/2002(BUD)
Motion for a resolution
Paragraph 20 b new
Paragraph 20 b new
20b. Is disappointed that tourism, which indirectly generates more than 10% of the EU's GDP and which has become a full competence of the EU with the ratification of the Lisbon Treaty, is not clearly identified in the 2011 DB;
Amendment 40 #
2010/2002(BUD)
Motion for a resolution
Paragraph 20 c new
Paragraph 20 c new
20c. Insists that new resources generated by transport should be specifically allocated to transport; stresses that Cohesion and Regional Funds should be linked to TEN-T projects;
Amendment 2 #
2010/2001(BUD)
Draft opinion
Article 2 b (new)
Article 2 b (new)
2b. Believes that the EU Budget can and should be used to support initiatives to promote the green economy, cohesion and trans European networks which can enhance much-needed employment in the current economic climate, and regrets the severity of the cuts proposed by the Council during the 2011 budget negotiations;
Amendment 39 #
2009/0173(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Manufacturers should have flexibility to decide how to meet their targets under this Regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect CO2 targets for each individual vehicle. Manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the Community for which they are responsible does not exceed the average of the emissions targets for those vehicles. This requirement should be phased in between 20145 and 20168 in order to facilitate its introduction. This is consistent with the lead times given and the duration of the phase-in period set in Regulation 443/2009.
Amendment 57 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, tThis Regulation sets a target of 13560 g CO2/km for the, starting in 2020, as average emissions ofor the new light commercial vehicles registered in the Communityfleet, in accordance with Article 12(4). This Regulation sets a target of 145 g CO2/km, starting in 2025, as average emissions for the new light commercial vehicles fleet, in accordance with Article 12(5).
Amendment 71 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the calendar year commencing 1 January 20145 and each subsequent calendar year, each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.
Amendment 82 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indents 1, 2 and 3
Article 4 – paragraph 2 – indents 1, 2 and 3
– 65% in 2015, – 75% in 20146, – 80% in 20157, – 100% from 20168 onwards.
Amendment 87 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
As of 1 January 2016, completed vehicles shall also be included in determining each manufacturer’s average specific CO2 emissions.
Amendment 148 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 13560 g CO2/km, starting in 2020, in a cost-effective manner; and
Amendment 153 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 - indent 2
Article 12 – paragraph 4 – subparagraph 2 - indent 2
- confirm thidentify the modalities for a possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 for the long-term target.
Amendment 155 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
The European Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Amendment 156 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. By 1 January 2018, the Commission shall complete a review of the specific emission target in Annex I and of the derogations in Article 10, with the aim of defining: – the modalities for reaching a long-term target of 145 g CO2/km, starting in 2025, in a cost-effective manner; and – the aspects of the implementation of said targets, including the excess emissions premium. On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate, – make a proposal to amend this Regulation in a way which is as neutral as possible from the point of view of competition, and which is socially equitable and sustainable. The European Commission shall make a proposal to the European Parliament and European Council on those measures, designed to amend essential elements of this Regulation
Amendment 102 #
2009/0170(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Safety investigation authorities shall draw up annual reports detailing the occurrence categories, locations and circumstances and the people involved. Those reports shall be made public for the purpose of assessing aviation safety.
Amendment 8 #
2008/2277(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the formulation and inclusion in the Interinstitutional Agreement on budgetary discipline and sound financial management of an Annex specifically dealing with the discharge procedure and which should provide for a mechanism for a mutual exchange of information between Parliament and the Council;
Amendment 9 #
2008/2277(DEC)
Motion for a resolution
Paragraph 5 - introductory part
Paragraph 5 - introductory part
5. Points out that despite these important results, several elements of the Council's budget execution still need to be clarified; calls thereforeCalls on its competent committee, in the context of the next Council discharge procedure, to verify progress on the following matters:
Amendment 1 #
2008/2270(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to ensure that the Agency maintains strict financial discipline in the future, and always works within the agreed budgets;
Amendment 3 #
2008/2266(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to ensure that the Agency maintains strict financial discipline in the future, and always works within the agreed budgets;
Amendment 1 #
2008/2265(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to ensure that the Agency maintains strict financial discipline in the future, and always works within the agreed budgets;
Amendment 1 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Commission discharge in respect of the implementation of the European Union general budget for the financial year 2008;
Amendment 2 #
2008/2186(DEC)
Motion for a resolution
Paragraph 11 - indent 1
Paragraph 11 - indent 1
- in the Court's opinion, the transactions underlying the revenue and commitments for the financial year are, taken as a whole, legal and regular (paragraph VIII, Statement of Assurance), "except forwhilst the Court draws attention to the high fiduciary risk with regard to budget support resulting from the Commission's 'dynamic interpretation' of the eligibility criteria" (paragraph X, Statement of Assurance)
Amendment 6 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;
Amendment 8 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Director of the Executive Agency for Competitiveness and innovation discharge in respect of the implementation of the Agency’s budget for the financial year 2008;
Amendment 10 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Director of the Executive Agency for Health and Consumers discharge in respect of the implementation of the Agency’s budget for the financial year 2008;
Amendment 12 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Director of the Trans- European Transport Network Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;
Amendment 14 #
2008/2186(DEC)
Paragraph 1
1. .........Approves the closure of the accounts of the European Union general budget for the financial year 2008;
Amendment 20 #
2008/2186(DEC)
Motion for a resolution with observations forming an integral part of the Decisions on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III – Commission and executive agencies
Heading before paragraph -1 (new)
Heading before paragraph -1 (new)
Overriding concerns
Amendment 21 #
2008/2186(DEC)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 22 #
2008/2186(DEC)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Welcomes the initial signs of a collegial approach from the new Commission, as demonstrated in the engagement of Commissioners Andor, Hahn and Semeta in discussions with Parliament’s Committee on Budgetary Control, and expects a strong statement from Commissioners Lewandowski and Semeta promising action in the areas of: Member State statements of assurance, proposals for tolerable risk of error, simplification and transparency, and trust funds covering external actions, and further believes that this must cover further action in the area of corrections and recoveries, and internal control systems;
Amendment 23 #
2008/2186(DEC)
Motion for a resolution
Paragraph -1 b(new)
Paragraph -1 b(new)
-1b. Believes that errors in expenditure hinder effectiveness in achieving EU policy targets, and reiterates that policy groups with an error rate below 2 % still account for only 47 % of the EU budget, representing an increase of just 9 % from 2005 to 2008; considers that this is still an inadequate level of improvement year on year and points out that, despite some areas of improvement, an error rate above 5 % remains in policy groups which account for 31 % of the budget, and a rate of between 2 % and 5 % for a further 22 %;
Amendment 24 #
2008/2186(DEC)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Calls on the Commission to prepare and submit to Parliament a new Action Plan for 2010 onwards, providing for an acceleration in the reduction of error rates so as to ensure that a further 20 % of the budget can be given an ECA ‘green’ classification by 2014, with interim targets for an error rate below 2 % in 70 % of expenditure, and a goal of reducing to 15 % the proportion of the budget with an ECA ‘red’ classification in 2011; considers that reaching these targets is an essential part of getting full value for EU expenditure in the future and progressing towards a positive DAS;
Amendment 25 #
2008/2186(DEC)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Calls on the Commission President to inform Parliament about how the Commission will operate in a more coordinated way, so as to address remaining weaknesses in the financial systems and significantly reduce error rates as indicated above;
Amendment 35 #
2008/2186(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that significant action is needed to ensure that the CommissionAcknowledges that in its Communication on the impact of the action plan to strengthen the Commission’s supervisory role under shared management of structural actions brings, the Commission indicates that the steps outlined in it have been completed; notes that the preliminary results show an error rate in expenditure of around 5 % for the 2007- 2013 period; awaits, however, the wider benefits to cohesion policy, where there are still very large problems despite the progress made by the Commission towards a more efficient use of EU funds and the overall control environment;
Amendment 44 #
2008/2186(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to carry out a more complete and exhaustive evaluation of the resources given over to control systems, by spending area, for all Union spending areas, as called for by Parliament in its discharge resolutions in previous years and in view of the "getting results" concept;
Amendment 48 #
2008/2186(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that outstanding budgetary commitments (unused commitments carried forward to be used in future years), mainly on multiannual programmes, increased in 2008 by EUR 16,4 billion (11,8 %) to EUR 155,0 billion (point 3.9 of the 2008 Annual Report), whilst acknowledging that this is due to delays in the start-up phase of the new programmes, and is concerned that unused funds each year represent lost opportunities for implementation of EU policies and programmes;
Amendment 52 #
2008/2186(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Requests the Commission to present complete and reliable figures for financial corrections and, in particular, recoveries specifying the Member State concerned, the exact budget line and the year to which the individual recoveries relate (as already specified in the Discharge Report for 20061), given that any other presentation makes serious control impossible; 1 OJ L 88, 31.3.2009, p. 25.Or. en
Amendment 57 #
2008/2186(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Draws attention to the example of Greece, where significant financial corrections brought about by Commission decision appear to have resulted in better performance in the implementation and control systems in the Cohesion Policy area;
Amendment 59 #
2008/2186(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Welcomes the statement by the Interparliamentary Conference on ‘Improving National Accountability of EU funds’ which took place in The Hague on 28-29 January 2010, recommending that national policy instruments be implemented or strengthened to contribute to the improvement of the control and management of EU expenditure in Member States, and that instruments used for the management and accountability of EU funding should contain elements of a common EU framework in order to make comparisons and identify ‘best practices’;
Amendment 81 #
2008/2186(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notwithstanding the progressive improvement in the DAS since 2003 (56 % of expenditure given the Court’s green lighbeing given positive audit opinions by the Court in 2008 compared to 6 % in 2003), remains concerned by the Court’s assessment that it is not yet possible to determine whether the Action Plan has had a measurable impact on the supervisory and control systems, and that the Commission is not able to demonstrate that the steps taken by it to improve supervisory and control systems have been effective in mitigating the risk of error in some areas of the budget (points 2.28 and 2.33 of the 2008 Annual Report);
Amendment 93 #
2008/2186(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Invites the Commission to establish an interinstitutional dialogue for the determination of the rates of error, which may vary in different policy areas, and calls on the Commission to carry out such comparative analysis, inasmuch as this will form the sole basis making it possible to establish an ‘acceptable risk level’;
Amendment 116 #
2008/2186(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Stresses its proposals regarding the profile of an appropriate candidate forRequires the Commission to come forward, as a matter of urgency, with its promised and long-awaited ‘reflection paper’, and reiterates the importance of Parliament’s above-mentioned first- reading position of 20 November 2008 on the subject; wishes to re-emphasise that, for the future strength of OLAF, it should remain within the Commission whilst retaining its independence; stresses its proposals regarding the post of Director- General of OLAF, as contained in Parliament’s above-mentioned first-reading position of 20 November 2008; takes the view that the terms of the vacancy notice need to reflect this demand and stresses that the entire selection procedure needs to be carried out in an interinstitutional framework which fully respects Parliament’s prerogatives;
Amendment 120 #
2008/2186(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Welcomes the fact that the Court considered that, overall, the Member States’ statements regarding traditional own resources sent to the Commission were reliable and free from material error and also that the VAT– and GNI-based own resources were correctly calculated by Member States and correctly collected and entered in the Community accounts by the Commission;
Amendment 123 #
2008/2186(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Notes however, regarding the VAT- based own resources, that the number of outstanding reservations increased in 2008, and thereforereservations dating back as far as 1989 continue to exist, and calls on the Commission, in cooperation with the Member States, to continue its efforts to ensure that reservations are lifted within reasonable timescales;
Amendment 124 #
2008/2186(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Asks the Commission, regarding GNI- based own resources, to follow the Court’s recommendation in point 4.36 of its 2008 Annual Report and to communicate to Parliament what it intends to do to provide the reasonable assurance on the accuracy of the data requested by the Courtdetails of the progress made in applying direct verification and assessing supervisory and control systems in Member States’ national statistical institutes;
Amendment 125 #
2008/2186(DEC)
Motion for a resolution
Paragraph 105
Paragraph 105
105. Voices serious concern at the fact that the Commission suspended EUR 200 000 000 in agricultural funding for Romania and froze EUR 250 000 000 in Phare funding, EUR 105 000 000 in Sapard funding and EUR 144 000 000 in ISPA funding in Bulgaria, resulting in a final loss of; notes that the final loss for Bulgaria under Phare is EUR 220 000 000 for Bulgaria;
Amendment 126 #
2008/2186(DEC)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Is aware that the lack of reliable control systems and the management problems encountered pose a risk to European taxpayers' money; acknowledges the efforts made in the meantime to overcome these problems; disapproves of the fact that a Member State has failed to makeurges the Member States to continue making every effort to meet European requirements;
Amendment 127 #
2008/2186(DEC)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Considers that the Commission should step up technical assistance to Member States lackito streng the necessaryn their administrative capacity; points out that sound management of European funds is an obligation and a duty for all Member States, and supports the temporary suspension of funding by the Commission in cases where a Member State's management systems fail to function as required; encourages the Commission to formulate a range of measures that might be used to exert pressure on a Member State, should this prove necessaryclear and detailed rules to be used by the Member States for further improvement of the EU funds management;
Amendment 129 #
2008/2186(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Notes that over the period 2007 to 2013, Bulgaria is to receive EUR 6 500 000 000 in structural funding, and Romania EUR 20 300 000 000; calls for quarterly reports on thresponsible and effective administration of these funds;
Amendment 131 #
2008/2186(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Calls, furthermore, on OLAF to forward to it the findings of its enquiries concerning Bulgariaall the irregularities in the Member States;
Amendment 132 #
2008/2186(DEC)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Agrees with the Commission that all actions and measures recently taken by Bulgaria need to be followed up by credible, structural corrective actions and a fundamental reform of all structures involved in the management of EU funds, ensuring the correct and timely absorption of funds and a high level of transparency; calls in this context on the Commission to improve the coordination and communication with the national authorities and closely monitor the implementation of the various action plans submitted to it by Bulgaria, and to keep Parliament informed thereof;
Amendment 134 #
2008/2186(DEC)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Notes with concern the difficulties encountered by Member States’ authorities as regards both the transposition of the 2007-2013 regulatory requirements (such as incompatibility issues between EU and national levels, delays in the establishment of the rules, unclear rules) and the establishment of the new management and control systems (allocation of tasks for the new institutions, i.e. the managing, certifying and audit authorities);
Amendment 139 #
2008/2186(DEC)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Welcomes the Commission’s undertaking to present a report on the initial impact of thits Action Plan in February 2010 and looks forward to receiving that report;and suggests to the Court that it carefully audit/analyse the report in its forthcoming annual report;
Amendment 140 #
2008/2186(DEC)
Motion for a resolution
Paragraph 101
Paragraph 101
101. Deplores the fact that the Commission intends to wait until 2012 before presentingEncourages the Commission to present by 2011 at the latest a proposal on tolerable risk of error in the Cohesion policy area, which has been the most error- prone area;
Amendment 142 #
2008/2186(DEC)
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105a. Requests the Commission to identify and spread best practices amongst Member States in order to allow an increased absorption of funds and improved beneficiary cash-flow by amending and simplifying the Structural Funds implementing regulations at national level;
Amendment 148 #
2008/2186(DEC)
Motion for a resolution
Paragraph 118
Paragraph 118
118. Notes that some legal provisions regarding research funding (e.g. concerning sanctions) were not applied previously, and calls on the Commission to end this state of affairs and to ensure the full and consistent application of the existing legal provisions;
Amendment 151 #
2008/2186(DEC)
Motion for a resolution
Heading after paragraph 124
Heading after paragraph 124
Second-generation Schengen Information System
Amendment 152 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 a (new)
Paragraph 124 a (new)
124a. Is very concerned about the delays in setting up the second-generation Schengen Information System and the implications of these delays for the EU budget and the Member States’ budgets; notes that the so-called ‘milestone 1 test’ concerning the stability, reliability and performance of the SIS II project, carried out at the end of January 2010, was not successful;
Amendment 154 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 c (new)
Paragraph 124 c (new)
Amendment 155 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 d (new)
Paragraph 124 d (new)
124d. Stresses that the Commission should comply with its reporting obligations in a more timely and transparent manner;
Amendment 156 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 e (new)
Paragraph 124 e (new)
124e. Invites the European Court of Auditors to carry out an in-depth audit and to present a special report evaluating the management of the SIS II project by the Commission, from the beginning of the project starting with the initial call for tenders;
Amendment 157 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 f (new)
Paragraph 124 f (new)
124f. Reserves the right to hold in reserve the funds to be allocated for the development of SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process;
Amendment 158 #
2008/2186(DEC)
Motion for a resolution
Paragraph 135
Paragraph 135
135. Notes with satisfaction the improvement in the clarity and structure of the Commission’s assessments of compliance with the requirements of the Cotonou AgreementDCI Agreement (Financing instrument for development cooperation); however, deplores the fact that the Court has found frequent cases in which the Commission did not demonstrate in a structured and formalised manner that public finance management was sufficiently transparent, accountable and effective, or, at least, that a credible and relevant reform programme was in place;
Amendment 187 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a (new)
Part XVI a (new)
Part XVIa Special report No 16/2009 on the European Commission’s management of pre-accession assistance to Turkey
Amendment 189 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a – Paragraph 260 a (new)
Part XVI a – Paragraph 260 a (new)
260a. Welcomes the Court’s sound assessment regarding the administration by the Commission of pre-accession assistance to Turkey;
Amendment 191 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a – Paragraph 260 b (new)
Part XVI a – Paragraph 260 b (new)
260b. Considers it worrying that the strategic planning for 2002-2004 as well as the 236 ‘priorities’ of the accession partnership in 2006 did not include any ranking in terms of importance or any consideration of the level/measures required concerning progress towards accession; criticises the obvious lack of efficient use of European financial aid; is disappointed that between 2006 and 2008 priorities which were marked as ‘short- term’ did not achieve any significant progress;
Amendment 193 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a – Paragraph 260c (new)
Part XVI a – Paragraph 260c (new)
260c. Underlines the Court’s call for a robust methodology with which to determine the strategic objectives for which EU financial assistance is most needed; considers that the designated measures for achieving each strategic objective need to be clearly defined; requests the Commission to ensure that the various project proposals include specific, quantifiable, realistic and relevant objectives so that their contribution demonstrably achieves strategic objectives;
Amendment 195 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a – Paragraph 260 d (new)
Part XVI a – Paragraph 260 d (new)
260d. Points out that, even though the Commission has introduced measures aimed at addressing many of the weaknesses in the Decentralised Implementation System, in particular since the introduction of the new Instrument for Pre-Accession Assistance (IPA 2007-2013), the Commission still has to address the remaining weaknesses in overall programming and performance management, as recommended by the Court; also expects the Commission to make the Turkish authorities aware of this fact so that project proposals are drawn up which would allow the strategic objectives relating to the financing of the European Union to be achieved within a realistic timescale; considers that the Commission should undertake new initiatives in order to improve the design and implementation of the projects by the institutions of the Decentralised Implementation System (measures such as compulsory needs assessments and better scheduling of contracting arrangements);
Amendment 197 #
2008/2186(DEC)
Motion for a resolution – Conclusions concerning the special reports issued by the Court of Auditors
Part XVI a – Paragraph 260 e (new)
Part XVI a – Paragraph 260 e (new)
260e. Recalls the importance of an evaluation by the Commission of the entirety of the programme for pre- accession assistance to Turkey;
Amendment 104 #
2008/0247(COD)
Council position
Article 2 - paragraph 2 - point c a (new)
Article 2 - paragraph 2 - point c a (new)
(ca) "One-stop shop" shall mean the entity set up by each infrastructure manager of the freight corridor which offers applicants the opportunity to request in a single place and in a single operation a train path for a journey crossing at least one border along the freight corridor.
Amendment 109 #
2008/0247(COD)
Council position
Article 3 - paragraph 1
Article 3 - paragraph 1
1. The Member States referred to in Annex I shall establish at the latest threewo years after entry into force of this Regulation the freight corridors along the principal routes set out in that Annex. The Member States concerned shall inform the Commission about the establishment of the freight corridors.
Amendment 120 #
2008/0247(COD)
Council position
Article 7 - paragraph 4
Article 7 - paragraph 4
4. The management board shall take its decisions, including decisions regarding its legal status, resources and staffing, on the basis of mutual consent of the infrastructure managers concerned and taking into account the opinion of the railway undertakings, in particular, through their designated representatives. In case of disagreement between the infrastructure managers and the representatives of the advisory group of railway undertakings, the infrastructure managers’ decision shall prevail. The management board shall inform the executive board of the disagreement.
Amendment 128 #
2008/0247(COD)
Council position
Article 7 a (new)
Article 7 a (new)
7a. The management board shall set up an advisory group made up of railway undertakings using the freight corridor. The railway undertakings of the advisory group shall nominate their representatives in the management board (up to the total number of infrastructure managers that are members of the management board plus one). Once nominated, the representatives of the railway undertakings using the corridor will become full members of the management board on a consultative basis only, and may issue an opinion on any proposal by the management board which has direct consequences on the railway undertakings using the corridor. The advisory group may also issue own- initiative opinions. Infrastructure managers on the corridor shall be responsible for informing railway undertakings who are new to using the corridor of the existence of the advisory group, so that they can join if they so wish and take part in the nomination or renewal of the representative of the advisory group to the management board.
Amendment 143 #
2008/0247(COD)
Council position
Article 12 a (new)
Article 12 a (new)
1. The management board of the freight corridor shall define and periodically update categories of freight paths, which shall be valid throughout the freight corridor. At least one of these categories (hereinafter referred to as "facilitated freight") shall include, among these categories of paths, train paths with an efficient transport time and guaranteed punctuality. 2. The criteria defining the categories of freight traffic shall be adopted by the governance body after consultation of the applicants likely to use the freight corridor as defined in Article 2 of Directive 2001/14/EC.
Amendment 24 #
2007/0297(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
13a. In recognition of the very high research and development and unit production costs of early generations of very low carbon vehicle technologies to be introduced into the marketplace following the entry into force of this Regulation, which also incorporates specific provisions on a provisional basis aimed at accelerating the introduction to the European Market of ultra low carbon vehicles at their initial stages of commercialisation;
Amendment 42 #
2007/0297(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘ultra low carbon vehicle’ means a vehicle emitting less than 50 grams per kilometre, measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity.
Amendment 46 #
2007/0297(COD)
Proposal for a regulation
Article 4
Article 4
For the calendar year commencing 1 January 2012 and each subsequent calendar year, each manufacturer of passenger cars shall ensure that it25% in 2012, 50% in 2013, 75% in 2014 and, in 2015 and each subsequent calendar year, 100% of the fleet’s average specific emissions of CO2 do not exceed itsthe specific emissions target for a manufacturer’s fleet determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 9, in accordance with that derogation. For this purpose, the CO2 emissions, adjusted for CO2 emission reductions delivered by eco innovations, shall be balanced over three consecutive years, as provided for under Article 7.
Amendment 49 #
2007/0297(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 64 #
2007/0297(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 77 #
2007/0297(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
1. For each new passenger car, the permitted specific emissions of CO2, measured in grams per kilometre shall be determined in accordance with the following formula: Permitted specific emissions of CO2 = 130 + a × (M – M0) Where: M=mass of the vehicle in kilograms (kg) M0 = 1289.0 × f f = (1 + AMI) Autonomous mass increase (AMI) = 0 %6 a = 0.0457
Amendment 80 #
2007/0297(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Ia Ultra low carbon vehicles Each ultra low carbon vehicle, as defined in Article 3, registered in the European Union in the relevant calendar year shall count multiple times towards calculating the vehicle manufacturer’s average specific emissions of CO2 for that year, in accordance with the following schedule: 2012: 5 times 2013: 4 times 2014: 3 times 2015: 2 times From 1 January 2016, this multiplier will cease to apply.
Amendment 82 #
2007/0243(COD)
Proposal for a regulation
Article 7 - point (b)
Article 7 - point (b)
(b) when such data result from the use of the distribution facilities of a CRS by a subscriber established or operating in the territory of the European Union, it shall include no identification either directly nor indirectly of that subscriber.
Amendment 115 #
2007/0243(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Air carriers may not own shares in CRS. Air carriers owning shares at the time of the entry into force of this regulation shall be obliged to dispose of them fully within three years of that date.
Amendment 130 #
2007/0098(COD)
Proposal for a regulation
Article 5 – point b
Article 5 – point b
(b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in and which it uses in that Member State;
Amendment 158 #
2007/0098(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
For the purposes of this Regulation, the value of the euro in those national currencies which are non-participants in the third stage of Monetary Union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year.
Amendment 176 #
2007/0098(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The competent authorities shall verify that undertakings which they have authorised to engage in the occupation continue to fulfil the requirements provided for in Article 3. To that end, they shall check every five years at least that undertakings still fulfil each of those requirements