801 Amendments of Janusz LEWANDOWSKI
Amendment 2 #
2024/0044(BUD)
Motion for a resolution
Recital J
Recital J
J. whereas the MFF revision reduces the maximum annual amount of the EGF from EUR 186 million to EUR 30 million (in 2018 prices), as laid down in Article 8 of Council Regulation (EU, Euratom) 2020/2093 as amended by Regulation (EU, Euratom) 2024/765; whereas all institutions need to ensure that, despite these cuts, workers made redundant can count on EU solidarity via support of the EGFthe Commission should monitor EGF implementation and take any necessary measures to ensure that all justified requests for EGF support can be met;
Amendment 100 #
2023/0046(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other typesregulation should reinforce the pace of development of such wireless physical infrastructure, including towers, especially in the less urbanized areas with limited ofr networks, such as transport, gas or electricity, to include uo suitable physical infrastructure; Undertakings providing such associated facilities, which thus become subject to all the obligations and benefits set out in the Regulation, except should be excepted from the provisions regarding in- building physical infrastructure and access, of this Regulation.
Amendment 171 #
2023/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation aims to facilitate and stimulate the roll-out of very high capacity networks, including mobile networks, by promoting the joint use of existing physical infrastructure and by enabling a more efficient deployment of new physical infrastructure so that such networks can be rolled out faster and at a lower cost.
Amendment 176 #
2023/0046(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformityaccordance with Union law, which contain more detailed provisions than thoseprovide solutions enabling better achievement of the objectives set out in this Rregulation, where they serve to promoteith priority given to the relevant provisions enabling better achievement of the regulation's objectives, particularly the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
Amendment 195 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 3
Article 2 – paragraph 2 – point 3
(3) ‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails including construction, as well as works consisting of reconstruction, installation, renovatione, or more elements of a physical infrademolition of a building structure;
Amendment 197 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 5 – point b
Article 2 – paragraph 2 – point 5 – point b
(b) they have legal personality or are entitled to legal capacity according to the provisions of the law;
Amendment 198 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 6
Article 2 – paragraph 2 – point 6
(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership e.g. tenants' co-ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
Amendment 202 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
(9) ‘major renovation and reconstruction works’ means building or civil engineering works at the end user’s location encompassing structural modifications of the entire in- building physical infrastructure or a significant part thereof and that require a building permit;
Amendment 216 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. USubject to paragraph 3 of this article, upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 221 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. WExcluding undertakings providing or authorised to provide access to associated facilities to more than one hosted operator providing or authorised to provide a public electronic communications network, that will operate on regular market bases to enable fair return on investment, when determining prices as part of fair and reasonable terms and conditions for granting access, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
Amendment 228 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the need to ensure that the access provider has a fair opportunity to recovers the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority shall also be taken into account.
Amendment 232 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the impact of the requested access on the access provider’s business plan, including investments into the extent that it concerns the physical infrastructure to which the access has been requested, including investments in that physical infrastructure;
Amendment 245 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
Amendment 259 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of architectural, historical, religious, or natural value, or for reasons of public security, safety and health. Member States shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 268 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, any operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point or directly from network operators and public sector bodies:
Amendment 274 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1 within 3 months after the last update or first delivery.
Amendment 283 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Amendment 333 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 41 months per each required permit, from the date of the receipt of a complete permit application.
Amendment 342 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 working days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.
Amendment 347 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 41 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasgeneral national provisions justifying such an extensions, publish them in advance via single information points and notify them to the Commission.
Amendment 354 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 41 month period from the date of receipt of the application.
Amendment 360 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 366 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be provided by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of the Regulation.
Amendment 378 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission will monitor the implementation of this Article in the Member States, and the Member States will report annually to the Commission the status of their implementation and if the listed conditions are met;
Amendment 436 #
2023/0046(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) within fourtwo months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
Amendment 457 #
2023/0046(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. It shall apply from [612 months after its entry into force].
Amendment 17 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the budget should ensure appropriate financial support for the economies of Ukraine and the Union, in particular countries hosting large numbers of refugees, including third countries, in the context of the war in order to make the economies and financial systems more resilient, while reinforcing the Union’s capacity to deal with rapidly growing geopolitical challenges;
Amendment 20 #
2022/0212(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, in its resolution of 5 April 2022 on general guidelines for the preparation of the 2023 budget, Parliament set clear political priorities for the 2023 budget; reaffirms its strong commitment to those priorities and sets out the following position to ensure an appropriate level of financing to deliver on them; believes that the Union must be equipped with all possible budgetary means to respond to current crisis e.i. to stipulate investments and support further recovery from the pandemic; considers that it is indispensable, especially in time of war, to boost investments and tackle unemployment and to lay the foundations for a more resilient and sustainable Union;
Amendment 22 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the provision of adequate resources for the coordination and surveillance of macroeconomic policies, for the fight against financial crime, money laundering and tax evasion, for the implementation of the OECD agreement on corporate taxation, for the enforcement of competition law, and for compliance with the economic governance framework; recalls that tax avoidance, tax fraud, tax evasion, and money laundering undermine government revenues; underlines that it is of utmost importance to fight tax avoidance and evasion while keeping taxes at a level that supports sustainable economic growth;
Amendment 29 #
2022/0212(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the Union faces an extraordinarily complex set of challenges, including the direct and indirect repercussions of the war in Ukraine, high inflation, high energy prices and security of supply risks, and a worsening economic outlook, in particular for small and medium enterprises (SMEs), the need to secure the recovery from the pandemic, crises in many other parts of the world, technological change, including increasing digitalisation, as well as climate change and its consequences; considers that the Union budget should contribute to tackling those challenges, while expressing concern at the exceptionally limited margins, which are about one third of last year’s, or, in the case of Heading 6 and Heading 7, the lack of margin, and the limited flexibility built into the budget; deplores the fact that the draft budget is an insufficient response to the current challenges; recalls that the multiannual financial framework (MFF) was not established to address a pandemic, a war, high inflation, high energy prices, high numbers of refugees, new accessions, food insecurity, and a humanitarian crisis;
Amendment 31 #
2022/0212(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the need to stimulate sustainable growth while supporting green and digital transformations, structural reforms to modernise the Union economies and access to finance and capital markets for SMEs and retail investors through information and transparency; highlights the potential of the InvestEU and its SMEs window;
Amendment 36 #
2022/0212(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Maintains the appropriations entered in the DB for the thematic special instruments, namely the Solidarity and Emergency Aid Reserve, the European Globalisation Adjustment Fund and the Brexit Adjustment Reserve; considers that, bearing in mind the challenges faced by the Unionunforeseen and extraordinary challenges the Union has never faced before, the full amount of the Flexibility Instrument should be used; considers, given the current grave interlocking crises, that it is necessary to mobilise the 2021 margins under compartment (a) of the Single Margin Instrument and additional appropriations under compartment (c) of that Instrument;
Amendment 44 #
2022/0212(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union budget, on account of its size, structure and rules, has a very limited capacity to respond appropriately in 2023 to the challenges facing the Union or to adequately finance new shared Union policy ambitions or initiatives announced in the Commission’s President’s 2022 State of the Union address; recalls in particular that the Heads of State or Government have described the Russian war of aggression against Ukraine as a ‘tectonic shift in European history’ and that the Commission has stated that the ‘unforeseen needs created by war in Europe are well beyond the means available in the current multiannual financial framework’, necessitating new financing sources; is of the view that this is a further demonstration of the urgent need to revisefor substantial revision of the MFF, including to make it more flexible, raise the ceilings where necessary to reflect emerging needs and new priorities and to address the problems generated by including the European Union Recovery Instrument (EURI) financing costs in Heading 2b;
Amendment 46 #
2022/0212(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines, that real progress on new own resources is essential for repayments of the NGEU as well as financial stability and implementation of the current and future multiannual financial frameworks; calls on Commission to ensure timely implementation of New Own resources as agreed in the Interinstitutional agreement of 16 December 2020 in line with a roadmap towards the introduction of new own resources and to accelerate the proposal for the second basket; urges the Council to respect the agreed timing and to made necessary progress within the first basket proposed by the Commission on 22 December 2021;
Amendment 49 #
2022/0212(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the agreed roadmap for the introduction of new own resources is of the utmost importance to ensure repayment of the NGEU programme; therefore urges the Council to respect the agreed timeline to make the necessary progress on the new revenue basket proposed by the Commission in December 2021; also urges the Commission to propose second basket of own resources in line with the roadmap agreed in the IIA;
Amendment 56 #
2022/0212(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines that in the current context of unexpected needs linked to the Ukraine crisis, inflation, energy insecurity, climate related spending and, at the same time, very limited margins and flexibility of the EU budget, urgent and comprehensive revision of the MFF is indispensable;
Amendment 57 #
2022/0212(BUD)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Points out, that 2023 will be the last year of contracting under the Next Generation EU programmes and the last year of the implementation of the MFF 2014-2020, as well as the year in which the new programmes 2021-2027 will gather momentum, fostering economic, social and territorial cohesion of the Union;
Amendment 61 #
2022/0212(BUD)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Notes, that the automatic inflationary adjustment of the annual budget is well below the actual inflation rate, calls therefore for the adequate level of the payment appropriations and budgetary flexibility to respond in time to the highly unpredictable needs in 2023;
Amendment 62 #
2022/0212(BUD)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Calls on the Member States to comply with all the country-specific recommendations of the European Semester, in particular in the field of the rule of law, and to implement the necessary reforms in line with the condition of protecting the Union budget;
Amendment 63 #
2022/0212(BUD)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 63 #
2022/0212(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines importance of additional funding for the Marie Skłodowska-Curie Actions to support training of researchers through trans- national, cross-sectoral and interdisciplinary mobility with specific focus on the European Green Deal, the Digital Agenda and Making Europe Stronger in the World;
Amendment 64 #
2022/0212(BUD)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7 g. Highlights the need to secure adequate funding for the Asylum, Migration and Integration Fund; acknowledges that the protection of the EU’s external borders is a condition for the proper functioning of the Schengen area;
Amendment 64 #
2022/0212(BUD)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines deep concern about the proposed management mode of the EIC Fund, which contradicts Horizon Europe legislation as well as the intention of the co-legislators, and the associated uncertainty about proper implementation of the EIC Accelerator budget; demands the Commission engages in an open dialogue with the legislators on the management mode of the Fund to ensure proper budgetary implementation;
Amendment 65 #
2022/0212(BUD)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7 h. Highlights the need to secure adequate financial and human resources to Court of Auditors, the European Anti- Fraud Office and the European Public Prosecutor’s Office to scrutinise the use of EU funds;
Amendment 65 #
2022/0212(BUD)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Underlines the lack of clarity regarding the funding of the New European Bauhaus (NEB) from 2023 onwards and calls to further develop the NEB building towards a Mission under Horizon Europe with support under the 2023 Union budget;
Amendment 66 #
2022/0212(BUD)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7 i. Highlights that developments in the fields if sustainable finance, fintech, anti-money laundering, cyber resilience, payments and non-bank financial intermediation will entail new competences and tasks for ESAs, which should be accompanied by adequate staffing and funding;
Amendment 66 #
2022/0212(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reverses the redeployments proposed by the Commission to fund the Chips Act and the Secure Connectivity Programme, in line with its position that new initiatives should be funded using fresh money, and deletes the relevant Council reserves, thereby ensuring a proper level of funding for priorities in Horizon Europe, the Digital Europe Programme and the Union Space Programme; makes research decommitments available again to compensate for earmarking under Horizon Europe for the Chips Act and the Secure Connectivity Programme, so that those new proposals do not detract from existing research priorities; emphasize that an absorption of funds from the NGEU 2021-2023 should not be a reason not to implement Article 15.(3) at the beginning of the multiannual financial framework and substantial use of decommitmensts in time of crises;
Amendment 74 #
2022/0212(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that businesses and SMEs in particular, have been severely hit by the COVID-19 crisis, including in the tourism sector - considering the severe contraction that the sector has experienced, and by the consequences of the Russian war of aggression against Ukraine, in particular high energy prices; reiterates Parliament’s longstanding request for the creation of a specific programme on sustainable tourism at European level that reflects both the importance of the tourism sector in the EU economy; supports an increase of EUR 10 million above the DB for the SME strand of the Single Market Cluster; proposes also an increase of EUR 1 million above the DB to support the ongoing work of the European Financial Reporting Advisory Group (EFRAG) in designing high-quality reporting standards, on the condition that EFRAG adopts a work plan outlining the measures to ensure a proper transparent due process and public oversight as well as a balanced representation of stakeholders;
Amendment 85 #
2022/0212(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that, despite Parliament’s demands to placecount the EURI over and above the MFF 2021-2027 ceilings, the refinancing costs are paid from within Heading 2b; notes that, in a context of unforeseen situation in the financial market due to Russia's war of aggression against Ukraine which continues to negatively affect the EU economy, setting it on a path of lower growth and higher inflation, rising interest rates, the line dedicated to the EURI financing costs is likely to be needed in full and needs may well exceed the budgeted amount; deplores the fact that this has a de facto impact on programmes under the same heading by constraining the Commission’s ability to propose above-financial programming reinforcements where they are needed; notes that EURI financing costs should not be taken from special instruments, which are intended to tackle unforeseen challenges, such as the consequences of the war in Ukraine and the energy crisis;
Amendment 101 #
2022/0212(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Deems it necessary to secure sufficient appropriations for the Turkish Cypriot Community budget line for the purpose of contributing decisively to the continuation and intensification of the mission of the Committee on Missing Persons in Cyprus, and of supporting the bicommunal Technical Committee on Cultural Heritage, thereby promoting trust and reconciliation between the two communities;
Amendment 106 #
2022/0212(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Expresses its grave concerns about the impact of the Russian war in Ukraine and its economic fallout as well as of the extreme weather events on production and distribution in the agricultural sector and food markets; recalls that 2023 is the first year of the new common agricultural policy that will support Union farmerunderlines the strategic role that agriculture plays in avoiding a food crisis by providing safe, high-quality food at affordable prices all over Europe; recalls that 2023 is the first year of the new common agricultural policy that will support Union farmers who play a fundamental role in maintaining the economic resilience of rural areas, to ease the debt burden of young farmers and help them with the rising loan interest rates and higher input costs; believes that the crisis situation justifies the partial mobilisation of the new agricultural reserve by a minimum of EUR 10 million for young farmers; calls on the Commission to prepare pertinent exceptional measures in line with the relevant provisions in the basic act and to increase, as relevant, the amount to be mobilised;
Amendment 125 #
2022/0212(BUD)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Highlights the importance of an effective European Border and Coast Guard Agency (Frontex) to assist Member States in managing the common external borders of the Union and to ensure integrated border management in full compliance with fundamental rights; notes that Frontex continues to have difficulty in absorbing the steep year-on-year increase in appropriations and recruiting the additional staff required what requires in- depth analyses by the Commission to improve proper implementation; decides therefore to support Council’s proposed cut of EUR 50 million for Frontex in 2023; nevertheless at the same time underlines the needs to secure necessary budgetary means to fulfil its mandate and obligations;
Amendment 135 #
2022/0212(BUD)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Underlines, the need to restore the level of the DB of the Internal Security Fund to ensure enough funding for the increased level of serious and organised crime with a cross border dimension and cybercrime following the Russian war on Ukraine and several migration waves coming from the Middle East to facilitate increased protection and assistance for the victims of crime;
Amendment 136 #
2022/0212(BUD)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes with deep concern that the Russian aggression against Ukraine and its worldwide effects have dramatically increased humanitarian assistance needs, which were already under pressure because of funding gaps and the multiplication of crises in the world; asks to significantly increase humanitarian aid to address the unprecedented gap between needs and available resources; deplores the fact that Heading 6 has no margin and is therefore not fit for the current situation; regrets that the DB is not able to at least sustain the current level of response while humanitarian needs and emergencies are steeply increasing around the globe, notably worsening food insecurity on account of the impact of the Russian war of aggression against Ukraine, increasingly severe climate-induced disasters and newly emerging conflicts; recalls that, even with the increases proposed by Parliament, there would be insufficient resources to address the humanitarian aid needs in 2023; underlines, Parliament’s long-standing position that the Heading 6 ceiling should be revised, to provide the Union with means to play its role on the world stage and to respond to the extraordinary challenges of our time. The revision of the MFF is indispensable and urgently needed;
Amendment 143 #
2022/0212(BUD)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Asks for additional resources to be allocated to the Southern Neighbourhood in order to support political, economic and social reforms; welcomes the recent announcement of the Union’s continued commitment to multiannual funding to UNRWA; underlines that the increase in appropriations for the Southern Neighbourhood is notablyamong others intended to provide predictable funding for UNRWA, in the light of the crucial role it plays in protecting and ensuring the essential needs of Palestinian refugees as well as contributing to their human development; underlines that funds dedicated to educational tasks for the Palestinian Authority shall be put in reserve and only released until a positive assessment by the Commission confirms that all textbooks and study cards in use adhere to UNESCO standards and does not praise the terrorism and antisemitism. Funds shall be redirected to Palestinian civil society organization that incentivise positive change through creating alternative methods of teaching Palestinian education that adhere to UNESCO standards;
Amendment 147 #
2022/0212(BUD)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Calls for Ukraine and the Republic of Moldova to be included as soon as possible within the scope of the Instrument for Pre-Accession; considers that it is necessary to provide support to Ukraine and Moldova, as new EU candidate countries, and to Georgia, as an aspiring applicant, on their path to EU membership; calls for the support for further financial assistance provided under IPA III in order to promote the international dimension of the Erasmus+ programme;
Amendment 154 #
2022/0212(BUD)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Considers that the Council’s cuts in this heading - which are designed to obviate recourse to the Flexibility Instrument, as proposed in the DB - are unjustified and would not allow the Commission to fulfil its tasks; restores therefore the DB for the Commission administrative expenditure, including with respect to its Offices; ensuring adequate and stable funding for important interinstitutional communication services informing about the EU engaging with citizens at local level even more urgent facing war in Ukraine, countering disinformation and facilitate citizen participation in democratic life;
Amendment 157 #
2022/0212(BUD)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Emphasises the importance of ensuring that the Commission has sufficient staff to fulfil its tasks, including those relating to new initiatives and newly adopted legislation; calls, therefore for necessary additional staffing that should be provided by the Commission for efficient and effective implementation; highlights in that context the impact of the legislative proposals under the EU Green Deal, the Digital Market Act and the Digital Services Act, and increased Union spending owing to NGEU and the Recovery and Resilience Facility, on staff needs in certain services, in particular the Commission’s Directorate- General for Environment (DG ENV), the Directorate- General for Competition (DG COMP), the Directorate-General for Communications Networks, Content and Technology (DG CNECT) and the European Anti-Fraud Office (OLAF); expresses concern that the Commission does not have the staff necessary for the work required; asks the Commission to take account of those staff needs, without undermining staff levels in other parts of the Institution;
Amendment 162 #
2022/0212(BUD)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Underlines the need to provide a sufficient level of payment appropriations in the 2023 budget and decides, as a general rule, to reverse Council's cuts and to reinforce payment appropriations on those lines which are amended in commitment appropriations; underlines that the 2023 budget should contain sufficient level of payment appropriations for both the new programmes and the completion of past ones, including to ensure that the Union budget provides the necessary economic stimulus; drawing lessons from the past frameworks, emphasises that it is necessary to accelerate programme implementation to avoid the backlog of payments in the second half of the MFF period;
Amendment 101 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 109 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 118 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular Regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 120 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 180 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 218 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in stand by mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) Diagnostic data is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions
Amendment 241 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 273 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'official statistics' means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 282 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
Amendment 317 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 320 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 327 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 372 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 393 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 404 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘diagnostic data’ means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 425 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 426 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
Amendment 428 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes..
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 464 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 466 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
Amendment 469 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 475 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 495 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, the information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 498 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 500 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 505 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 510 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, complete the switching process from the provider’s side;
Amendment 515 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 526 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point i (new)
Article 3 – paragraph 2 – point c – point i (new)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 531 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 542 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2). if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 549 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 556 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 564 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 566 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 568 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken in advance to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 578 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 590 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generatedand where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format. for the relevant service type.
Amendment 615 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 648 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 651 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected;. It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1shall not affect their professional independence.
Amendment 706 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 725 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 739 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 794 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 795 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 801 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 884 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 945 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 946 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on Article 21(4), the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 953 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 958 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 962 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 963 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 966 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service, including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 968 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 975 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 981 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 982 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process., unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 984 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X] onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 988 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 998 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 1066 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 1099 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 1151 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
Amendment 1457 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
Annex III – point I – paragraph 3 – indent 3
— renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
Amendment 143 #
2021/0424(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 220 #
2021/0424(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 342 #
2021/0424(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Facilitating biomethane connections and potential analysis 1. 1 year after the entry into force of the Regulation, Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfil the Union sustainability criteria within the meaning of Directive (EU) 2018/2001 due to the availability of raw materials, such as waste or residues, and existing operating biogas or biomethane plants. 2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.
Amendment 477 #
2021/0424(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Distribution system operators operating a natural gas system or hydrogen network shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and hydrogen and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
Amendment 488 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The rules and procedures on the participation of distribution system operators in the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/942 shall also apply to distribution system operators operating a natural gas system or hydrogen network.
Amendment 490 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The governance rules and structures of the EU DSO Entity shall guarantee a fair and balanced representation for gas and hydrogen distribution system operators.
Amendment 493 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Strategic Advisory Group pursuant to Article 54(2), point (f), of Regulation (EU) 2019/942 shall also consist of representatives of associations representing European distribution system operators solely operating a natural gas system or hydrogen network.
Amendment 494 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 3 – introductory part
Article 37 – paragraph 3 – introductory part
3. By [one year after entry into force] the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with the ENTSO for Electricity, the ENTSO for GasG&H and other stakeholders, and draft updated financing rules. .
Amendment 497 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
The draft updated rules of procedure of the EU DSO entity shall ensure balanced representation of all participating distribution system operators, including those solely owning or operating natural gas systems or hydrogen network.
Amendment 502 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas system. or hydrogen network.
Amendment 514 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
(a) cooperate with the ENTSO for GasG&H on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks;
Amendment 515 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) cooperate with the ENTSO for GasG&H and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;
Amendment 517 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution networksystems, of natural gas distribution systems, of hydrogen distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].
Amendment 626 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 3 a (new)
Article 67 – paragraph 1 – point 3 a (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 5
Article 3 – paragraph 5
"5. The Commission shall coordinate the action of the competent authorities at regional and Union levels, pursuant to this Regulation, inter alia, through the GCG or, in particular, in the event of a regional or Union emergency pursuant to Article 12(1), through the crisis management group referred to in Article 12(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)4(1a)." Or. en
Amendment 627 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 3 b (new)
Article 67 – paragraph 1 – point 3 b (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 6
Article 3 – paragraph 6
"6. In the event of a regional or Union emergency, the transmission system operators shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG. ENTSOG shall inform the Commission, the crisis group and the competent authorities of the Member States concerned accordingly. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 633 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 7 a (new)
Article 67 – paragraph 1 – point 7 a (new)
Regulation (EU) 2017/1938
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
"4. The competent authorities shall report regularly to the GCG and the crisis group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans, in particular the regional chapters. In particular, competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan, including the exchange of draft plans. They shall report to the GCG and the crisis group on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 660 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Regulation (EU) 2017/1938
Article 11 – paragraph 2
Article 11 – paragraph 2
"2. When the competent authority declares one of the crisis levels referred to in paragraph 1, it shall immediately inform the Commission, the crisis group, as well as the competent authorities of the Member States with which the Member State of that competent authority is directly connected and provide them with all the necessary information, in particular with information on the action it intends to take. In the event of an emergency which may result in a call for assistance from the Union and its Member States, the competent authority of the Member State concerned shall without delay notify the Commission's Emergency Response Coordination Centre (ERCC). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN) and the crisis group." Or. en
Amendment 661 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 a (new)
Article 67 – paragraph 1 – point 13 a (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 2
Article 12 – paragraph 2
"2. The Commission shall convene the GCG and the crisis group as soon as it declares a regional or Union emergency (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 662 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 b (new)
Article 67 – paragraph 1 – point 13 b (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
"3. In a regional or Union emergency, the Commission shall coordinate together with the crisis group the action of the competent authorities, taking full account of relevant information from, and the. The Commission shall ensure that the GCG is informed resgults of, the consultation of the GCG. In particular, the Commission shall: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)arly about the work undertaken by the crisis group. In particular, the Commission shall:" Or. en
Amendment 663 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 c (new)
Article 67 – paragraph 1 – point 13 c (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 664 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 a (new)
Article 67 – paragraph 1 – point 15 a (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
"2. In the event of a regional or Union emergency, the Commission may request that the competent authority referred to in paragraph 1 provide it and the crisis group without delay with at least: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 665 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 b (new)
Article 67 – paragraph 1 – point 15 b (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
"The Commission shall analyse the assessments of the competent authorities and shall inform the crisis group, the Member States, the European Parliament and the GCG of the results of its analysis in an aggregated form. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 666 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 c (new)
Article 67 – paragraph 1 – point 15 c (new)
Regulation (EU) 2017/1938
Article 14– paragraph 6 – subparagraph 2
Article 14– paragraph 6 – subparagraph 2
"The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission and to the crisis group in an anonymised form. In the event of new contracts being concluded or changes being made to existing contracts, the whole set of data shall be notified by the end of September of the relevant year. Where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a Member State or a region at risk, it shall notify the contract to the Commission. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 521 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive (EU) 2018/2001
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed. For the purposes of point (b), Member State may decide to count renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in the heating and cooling sector in accordance with Article 23(7) and 24(4b). Renewable fuels and electricity counted towards point (b) shall not be taken into account for the purposes of achieving the goals set out in point (a) of the first subparagraph of paragraph 1 of this Article. Where Member State decide to count renewable fuels and electricity produced from renewable sources towards point (b) it will notify this to the Commission one year before the introduction of such mechanism.
Amendment 574 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
(cb) Member States shall ensure that applicants are allowed to submit all relevant documents also in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalization of the public hearings and the participation procedures.
Amendment 723 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
(9b) Article 20 - new paragraph 4 Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply. Such actions can relate to the development of solutions such as storage facilities and grid-balancing power plants and cogeneration plants, that participate in grid-balancing in support of intermittent renewable electricity.
Amendment 822 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, endeavour to increase the share of renewable energy, including waste heat and cold, in that sector by at leastn indicative 1.1 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.
Amendment 833 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Amendment 841 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Amendment 900 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive (EU) 2018/2001
Article 23 – paragraph 7 a (new)
Article 23 – paragraph 7 a (new)
Amendment 917 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
4. Member States shall endeavour to increase the share of energy from renewable sources and from waste heat and cold in district heating and cooling by at least 2n indicative 1.1 percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources and from waste heat and cold in district heating and cooling in 2020, and shall lay down thintroduce appropriate measures necessary to that end. The national indicative share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
Amendment 929 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
Article 24 – paragraph 4 b (new)
Article 24 – paragraph 4 b (new)
4a a. For the purposes of calculating the renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in district heating and cooling towards the implementation of the minimum share referred to in paragraph 4, the rules set out in Article 23(7) apply.
Amendment 221 #
2021/0214(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulation.CBAM Authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 259 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 366 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 436 #
Amendment 437 #
2021/0214(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 440 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 445 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 449 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Commission shall appoint the competent authority to perform obligations referred to in Articles 17 to 24 as the CBAM Authority.
Amendment 451 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 458 #
2021/0214(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 460 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 468 #
2021/0214(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Amendment 471 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 475 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 478 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 483 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 490 #
2021/0214(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 496 #
2021/0214(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Accounts in the national registries CBAM Registry 1. The CBAM Authority shall assign to each authorised declarant a unique CBAM account number. Each declarant shall be granted access to its account in the CBAM Registry to fulfil its obligations pursuant to Article 10. 2. The CBAM Authority shall set up the account at the time of authorisation and notify the authorised declarant thereof. 3. If the authorised declarant has ceased activity or the CBAM authorisation is withdrawn, the CBAM Authority shall close the account of that declarant. 4. The Commission shall adopt implementing acts laying down procedures concerning the accounts of the CBAM Registry. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
Amendment 498 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 501 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 503 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 504 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 516 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 523 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
(c) the CBAM account number in the CBAM Registry.
Amendment 535 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8a. The CBAM Authority may verify the accuracy and completeness of the information given by the applicant in accordance with Article 5(3) and the existence, authenticity, accuracy and validity of any supporting document. Such controls may be carried out at the premises of the applicant.
Amendment 539 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. The Commission shall adopt, by means of implementing acts, the modalities for the application of the criteria referred to in paragraph 1 and for guarantees referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
Amendment 542 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition to paragraph 1, a national accreditation bodThe CBAM Authority may on request accredit a person as a verifier under this Regulation after checking the documentation attesting its capacity to apply the verification principles referred to Annex V to perform the obligations of control of the embedded emissions established in Articles 8, 10 and 38.
Amendment 557 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 560 #
2021/0214(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council . They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.
Amendment 585 #
2021/0214(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 598 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. As of the initiation of investigations under Articles 28 and 29 and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request, from the Union industry, which contains sufficient evidence to justify such action. Imports may also be made subjecte introduced by Commission regulation. Such regulation shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 606 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point f
Article 26 – paragraph 4 – point f
Amendment 634 #
2021/0214(COD)
Proposal for a regulation
Chapter VI a (new)
Chapter VI a (new)
Amendment 745 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of the worst 10 per cent worst performing installations of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 105 per cent worst performing EU installations for that type of goods.
Amendment 121 #
2021/0211(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 220 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1.5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 294 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
Amendment 377 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f a (new)
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
Amendment 381 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 405 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b new
Article 29 b new
Amendment 431 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid. be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
Amendment 617 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b – point i (new)
Article 8 – paragraph 1 – point b – point i (new)
i) 1,2 % of annual final energy consumption from 1 January 2024 to 31 December 2030, averaged over the three- year period prior to 1 January 2019.
Amendment 620 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 882 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
a. until 31 December 2025, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat, going into the network;
Amendment 898 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
b. from 1 January 2026, a system using at least 50% renewable energy, 50% waste heat, 8075% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high- efficiency cogenerated heat is at least 50%;
Amendment 906 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 20% or a system using at least 75% of high efficiency cogenerated heat and renewable energy, where the share of renewable energy is at least 10%;
Amendment 916 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40%;eleted
Amendment 928 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
Amendment 936 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point e a (new)
Article 24 – paragraph 1 – point e a (new)
e a. where the share of waste and non- carbon heat exceeds the criteria in points (c), (d) and (e), waste and non-carbon heat may replace any of the other energy sources;
Amendment 939 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
Amendment 18 #
2021/0202(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) It has been observed that the delay between the publication of the total number of allowances in circulation and the start of the period where allowances are placed in the market stability reserve by deducting certain quantities from the volume of allowances to be auctioned, currently of three and a half months, incentivises a speculative behaviour leading to an artificial increase of prices of allowances. This delay should therefore be reduced to one month and a half.
Amendment 33 #
2021/0202(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1a
Article 1 – paragraph 5 – subparagraph 1a
By way of derogation from the first and second sentences, until 31 December 2030, the percentages and the 100 million allowances referred to in those sentences shall be doubled, if during the preceding year period on the European carbon market the average allowance price is lower than EUR 30.
Amendment 30 #
2021/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal31 combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities, persons suffering from energy or transport poverty, vulnerable micro, small and medium entrepreneurs and persons with a minority racial or ethnic background. The transition affects differently also Member States. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 47 #
2021/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve the target of reducing greenhouse gas emissions by 55%, Member States for the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- collectively the EU-wide reduction target -40% in 2030, compared to 2005 levels.
Amendment 51 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 57 #
2021/0200(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 75 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Some Member States will face major challenges in meeting the Regulation’s targets. It is therefore important to ensure flexibility, anticipation and transferability. The introduction of minimum contributions by sector would not only place the targets at risk but also prevent them from being achieved.
Amendment 78 #
2021/0200(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) As Covid-19 changed the economic environment in the EU, including high level of debts, changes in supply chains and soaring energy prices, those changes will have a long-term effect and the legacy of the crisis will weigh on the Member States; the transition towards climate-neutral Europe might provide significant challenges for Member States. All Member States shall contribute to the transition and shall seek to meet their respective targets inline with this Regulation, however not meeting those targets shall imply only a corrective procedure stated in Article 8 which shall not include financial sanctions.
Amendment 91 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) do not exceed, in the years 2023, 2024 and 2025 to 2030, the limit defined by a linear trajectory starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
Amendment 93 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 98 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
For the years 2023, 2024 and 2025 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicatlinear trajectory starting in2022 at the annual emission allocation of that Member State forthat year, as determined pursuant to the second subparagraph, and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraphending in 2030 at the limit for that Member State set out in column 2 of Annex I to this Regulation .
Amendment 100 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
Article 4 – paragraph 3 – subparagraph 4
Amendment 103 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4 a (new)
Article 4 – paragraph 3 – subparagraph 4 a (new)
Amendment 115 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/842
Article 5 – paragraph 4
Article 5 – paragraph 4
(3a) In Article 5, paragraph 4 is replaced by the following: “4. A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025, and up to 10 % in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until 2030. Member States shall inform the Commission of any actions taken pursuant to this paragraph, and the transfer price per tonne of CO2 equivalent. Or. en (Regulation (EU) 2018/842)
Amendment 127 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2018/842
Article 8 – paragraph 1 – point -a (new)
Article 8 – paragraph 1 – point -a (new)
(5 a) In Article 8, the following point (-a) is inserted: “(-a) an in-depth analysis of the situation in the Member State including a socio- economic situation in order to assess the realistic possibility of the Member State to reduce its emissions.”
Amendment 129 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
Article 8 – paragraph 3
(5 c) In Article 8, paragraph 3 is amended as follows: “3. The Commission mayshall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmostfull account of the Commission’s opinion and mayshall revise its corrective action plan accordingly. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide its reasoning. Or. en (Regulation (EU) 2018/842)
Amendment 130 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(5 d) In Article 8, the following paragraph is added: “3a. The corrective actions shall not imply any form of financial sanctions.”
Amendment 138 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 4.0, making them more affordable to a wider spectrum of society; that AI applications may also result in the rise of unemployment, pressure on social care systems, and an increase of poverty; in accordance with the values enshrined in Article 3 of the Treaty on European Union, there might be a need to adapt Union AI transformation to socioeconomic capacities, to create adequate social shielding, support education and incentives to create alternative jobs; the establishment of a Union AI Adjustment Fund building upon the experience of The European Globalisation Adjustment Fund (EGF) or the currently developed Just Transition Fund should be considered.
Amendment 169 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby with due diligence it could be predicted that physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 250 #
2021/0106(COD)
(76a) An AI advisory council (‘the Advisory Council’) should be established as a sub-group of the Board consisting of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces, and other relevant stakeholders, including social partners, where appropriate depending on the subject matter discussed, representing all Member States to maintain geographical balance. The Advisory Council should support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council should nominate a representative to attend meetings of the Board and to participate in its work.
Amendment 253 #
2021/0106(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86a) In order to ensure uniform conditions for the implementation of this Regulation, it shall be accompanied by the publication of guidelines to help all stakeholders to interpret key concepts covered by the Regulation, such as prohibited or high-risk AI cases and the precise means and implementation rules of the Regulation by national competent authorities;
Amendment 260 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union ;
Amendment 275 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 322 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 324 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 328 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
Amendment 328 #
2021/0106(COD)
(3 a) The development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 4.0, making them more affordable to a wider spectrum of society; that AI applications may also result in the rise of unemployment, pressure on social care systems, and an increase of poverty; in accordance with the values enshrined in Article 3 of the Treaty on European Union, there might be a need to adapt the Union AI transformation to socioeconomic capacities, to create adequate social shielding, support education and incentives to create alternative jobs; the establishment of a Union AI Adjustment Fund building upon the experience of The European Globalisation Adjustment Fund (EGF) or the currently developed Just Transition Fund should be considered;
Amendment 351 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The AI system shall be considered high-risk where it meets the following two cumulative criteria: (a) the AI system is used or applied in a sector where, given the characteristics of the activities typically undertaken, significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) can be expected to occur. (b) the AI system application in the sector in question is used in such a manner that significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) are likely to arise.
Amendment 357 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, and in accordance with paragraph -1 of this Article, AI systems referred to in Annex III shall also be considered high-risk.
Amendment 376 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of biometric identification system, including remote biometric identification system as used in this Regulation, should be defined functionally, as an AI system intended for the identification of natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/ authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real- time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 431 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby with due diligence it could be predicted that physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 520 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any. In particular, the classification as high-risk according to Article 6 should not apply to AI systems whose intended purpose demonstrates that the generated output is a recommendation, provided it is delivered with the information on its accuracy or other relevant methodical aspects necessary for the decision making. A human intervention is required to convert this recommendation into an action.
Amendment 523 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 527 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
2. A high-risk AI system designed, developed, trained, validate, tested or approved to be placed on the market or put into service, outside the EU, can be registered in the EU database referred to in Article 60 and placed on the market or put into service in EU only if it is proven that at all the stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met.
Amendment 549 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons, including remote biometric identification, can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems , including remote biometric identification, should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
Amendment 572 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Due to the fact that AI systems related to low-value credits for the purchase of movables do not cause high risk, it is proposed to exclude this category from the scope of high-risk AI category as well. . Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 597 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. The Board shall establish a AI Advisory Council (Advisory Council). The Advisory Council shall be composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders or third parties appointed by the Board, representing all Member States to maintain geographical balance. The Advisory Council shall support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council shall nominate a relevant representative, depending on the configuration in which the Board meets, to attend meetings of the Board and to participate in its work. The composition of the Advisory Council and its recommendations to the Board shall be made public.
Amendment 622 #
2021/0106(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Fundamental rights impact assessments for high-risk AI systems may include a clear outline of the intended purpose for which the system will be used, a clear outline of the intended geographic and temporal scope of the system’s use, categories of natural persons and groups likely to be affected by the use of the system or any specific risk of harm likely to impact marginalised persons or groups at risk of discrimination, or increase societal inequalities;
Amendment 623 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, the Commission in consultation with Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and in cooperation with Member States shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests of small-scale providers andsize and the interests of SME providers, including start-ups and their economic viability.
Amendment 625 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 638 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 742 #
2021/0106(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) An AI advisory council(‘the Advisory Council’) should be established as a sub-group of the Board consisting of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces, and other relevant stakeholders, including social partners, where appropriate depending on the subject matter discussed, representing all Member States to maintain geographical balance. The Advisory Council should support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council should nominate a representative to attend meetings of the Board and to participate in its work.
Amendment 775 #
2021/0106(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86 a) In order to ensure uniform conditions for the implementation of this Regulation, it should be accompanied by the publication of guidelines to help all stakeholders to interpret key concepts covered by the Regulation, such as prohibited or high-risk AI cases and the precise means and implementation rules of the Regulation by national competent authorities;
Amendment 822 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union;
Amendment 914 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 1049 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system, including remote biometric identification, for the purpose of identifying natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises; , and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
Amendment 1137 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of characteristics and hazards that are similar to the techniques and approaches listed therein.
Amendment 1165 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 1183 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 1243 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
Amendment 1412 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The AI system shall be considered high-risk where it meets the following two cumulative criteria: (a) the AI system is used or applied in a sector where, given the characteristics of the activities typically undertaken, significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) can be expected to occur. (b) the AI system application in the sector in question is used in such a manner that significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) are likely to arise.
Amendment 1443 #
2021/0106(COD)
2. In addition to the high-risk AI systems referred to in paragraph 1 and in accordance with Article 6– paragraph -1a, AI systems referred to in Annex III shall also be considered high-risk.
Amendment 1698 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases defined as a statistical error or a top-down introduction of assumptions harmful to an individual, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
Amendment 1716 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing datasets sets shall be relevant, representative, up-to-date, and to the extent that it could be reasonably expected, taking into account the state of the art, free of errors and as complete as could be reasonably expected . They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1813 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use, where required by the risk analysis as foreseen in the product legislations listed in Annex II.
Amendment 2061 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Users of high-risk AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an high-risk AI system. This information shall include a clear and concise indication of the user and the purpose of the high-risk AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the high-risk AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable.This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679 [GDPR], Directive 2016/680 [LED], Regulation 2022/XXX [DSA].
Amendment 2080 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Fundamental rights impact assessments for high-risk AI systems 1. The user of a high-risk AI system as defined in Article 6 paragraph 2 shall conduct an assessment of the system’s impact on fundamental rights and public interest in the context of use before putting the system into use and at least every two years afterwards. The information on clear steps as to how the potential harms identified will be mitigated and how effective this mitigation is likely to be should be included. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. Market surveillance authorities, pursuant to their capacity under Articles 65 and 67, shall take this information into account when investigating systems which present a risk at national level. 3. In the course of the impact assessment, the user shall notify relevant national authorities and all relevant stakeholders. 4. Where, following the impact assessment process, the user decides to put the high- risk AI system into use, the user shall be required to publish the results of the impact assessment as part of the registration of use pursuant to their obligation under Article 51 paragraph 2. 5. Users of high-risk AI systems shall use the information provided to them by providers of high-risk AI systems under Article 13 to comply with their obligation under paragraph 1. 6. The obligations on users in paragraph 1 is without prejudice to the obligations on users of all high-risk AI systems as outlined in Article 29.
Amendment 2245 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2250 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
2. A high-risk AI system designed, developed, trained, validate, tested or approved to be placed on the market or put into service, outside the EU, can be registered in the EU database referred to in Article 60 and placed on the market or put into service in the EU only if it is proven that at all stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met;
Amendment 2457 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3 a. The Board shall establish a AI Advisory Council (Advisory Council). The Advisory Council shall be composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders or third parties appointed by the Board, representing all Member States to maintain geographical balance. The Advisory Council shall support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council shall nominate a relevant representative, depending on the configuration in which the Board meets, to attend meetings of the Board and to participate in its work. The composition of the Advisory Council and its recommendations to the Board shall be made public.
Amendment 2774 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Representation of affected persons and the right of public interest organisation to lodge complaints 1. Without prejudice to Directive 2020/1828/EC, natural per-sons or groups of natural persons affected by an AI system shall have the right to mandate a body, organisation or association to lodge a complaint referred to in Article 68 on their behalf, to exercise the right to remedy referred to in Article 68 on their behalf, and to exercise on their behalf other rights under this Regulation, in particular the right to receive an explanation referred to in Article 4a 2. Without prejudice to Directive 2020/1828/EC, the bodies, organisations or associations referred to in paragraph 1 shall have the right to lodge a complaint with national supervisory authorities, independently of the mandate of the natural per-son, if they consider that an AI system has been placed on the market, put into service, or used in a way that infringes this Regulation, or is otherwise in violation of fundamental rights or other aspects of public interest protection, pursuant to article 67. 3. National supervisory authorities have the duty to investigate, in conjunction with relevant market surveillance authority if applicable, and respond within a reasonable period to all com- plaints referred to in paragraph 2.
Amendment 2817 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, the Commission in consultation with Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and in cooperation with Member States shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and the interests of small-scaleSME providers andincluding start- ups and their economic viability.
Amendment 2823 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 3054 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural persons:
Amendment 3062 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their agreement, including remote biometric identification;
Amendment 3111 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 3131 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use; or AI systems related to low- value credits for the purchase of movables;
Amendment 3145 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
Annex III – paragraph 1 – point 5 – point c a (new)
Amendment 19 #
2020/2045(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas, in the absence of relevant provisions in the Financial Regulation at the moment of the decision to create four EUTFs, the European Parliament was not consulted on the establishment of an extra-budgetary instruments;
Amendment 20 #
2020/2045(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas given that the European Development Fund (EDF) contributed to the Africa and Bekou EUTFs, the Parliament was not involved at all in setting-up of these two EUTFs; whereas the European Parliament’s possible involvement was limited to an objection to the draft implementing decisions on constitutive agreements on the Madad and Colombia EUTFs;
Amendment 27 #
2020/2045(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Constitutive Agreement on EU Trust Funds clearly put border management projects in Libya within the scope of the mandate of the EUTF as well as the regulation of the European Neighbourhood Instrument (ENI). The Constitutive Agreement of the EUTF clearly states that the Trust Fund will finance activities that contribute to improving migration management in all its aspects in line with the Global Approach on Migration and Mobility, including containing and preventing irregular migration and fight against trafficking of human beings;
Amendment 30 #
2020/2045(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas, the Member States’ contributions to the FRT are not voluntary but based on the GNI contribution key and included in relevant Commission’s decisions; whereas these contributions are directly included in the Union budget as external assigned revenue pursuant to Art.21(2)(b) of the Financial Regulation; whereas in the case of the EUTFs, Member States’ contributions are not integrated into the Union’s budget pursuant to Art. 187(6) of the Financial Regulation;
Amendment 32 #
2020/2045(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the establishment of both the EUTFs and the Facility for refugees in Turkey (FRT) have been justified by the need for a flexible and swift reaction not possible under the classical institutional framework; whereas the extra-budgetary instruments such as the EUTFs, as well as extraordinary tools such as the FRT, pose challenges with respect to democratic accountability, including the role of the European Parliament and also the integrity of the EU budget; whereas, when setting- up a Union Trust Fund, the European Commission has to justify its value added, visibility, complementarity with other EU financing instrument and alignment with policy objectives;
Amendment 48 #
2020/2045(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas European Court of Auditors recommended to the Commission in its special reports on the EUTFs to improve donor coordination (BEKOU), remove weaknesses in implementation, increase efficiency and focused actions (EUTF for Africa) and deliver better value for money(FRT);
Amendment 57 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that while for the first tranche of the FRT, IPAII contributions represented 52,4%, Humanitarian Aid 46,6%, Instrument contributing to Security and Peace 0,7% and the Development Cooperation Instrument 0,3%, for the second tranche, IPA II contribution represents 64,5%and Humanitarian Aid 35,5%;
Amendment 59 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes that (by the end of 2020), 36,6% of the FRT first tranche allocation has been implemented through direct management and 63,4% through indirect management (of which over four fifths by international organisations); further notes that for the second tranche, direct management represented 32,1% (100% by the European Commission) and indirect management 67,9% (with three fourths by international organisations);
Amendment 60 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Further notes that international organisations have been the biggest implementing actors of the EUTFs (36,8%), ahead of the European Commission (35,7%), Member States Agencies (24,2%) and Public Service bodies (3,4%);
Amendment 72 #
2020/2045(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Strongly urges that invitations to board meetings take into account the official calendar of the European Parliament and that all relevant information and documents to be discussed at the board meetings be provided well ahead of the meetings in order to enable the active participation of Members and staff of the Secretariat;
Amendment 75 #
2020/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the EUTFs and the FRT; notes that information on the involvement of civil society organisations (CSOs) were made available in the Annual Report of 2019 and 2020 of the EUTF for Africa; regrets, nevertheless, that information on the involvement of local civil society organisations are limited due to the low transparency of subcontracting levels; where possible, such information should be broken down at project level and shall always take into account the protection of confidential and commercially sensitive information;
Amendment 89 #
2020/2045(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 102 #
2020/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Madad EUTF has proven its added value in response to the crisis and for the EU in terms of higher external visibility and clout, increased control, coordination and leverage of funds from various sources, as compared to national level or other international channels; notes that its spending was aligned with the legal bases or the Union instruments used; Regrets the conflict in Syria continues, and needs of the Syrian refugees, unable to return to Syria to their home country in the foreseeable future, and needs of their host communities’ in terms of longer-term integration and employment, still require EU and international long-term assistance and secure their capacity of longer-term integration and employment in a cohesive way with the host communities, points out that the conflict-prone areas in Syria do not permit long term reconstruction to take place;
Amendment 103 #
2020/2045(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that the Mid-Term Strategic Evaluation report from October 2018 concluded that the Madad Trust Fund has been “large and cost-effective, reaching a large number of beneficiaries at acomparatively low cost”, that it has “allowed the EU to operate flexibly;
Amendment 137 #
2020/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the generally strong degree of local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa; hails the extensive consultations, with base line studies carried out to identify priority needs;
Amendment 138 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that one of the key objectives of the EUTF for Africa - as determined in its Constitutive Agreement - is addressing the root causes of migration, in particular by promoting resilience, economic and equal opportunities, security and development and addressing human rights abuses;
Amendment 147 #
2020/2045(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Acknowledges that border security is essential for the stability of African partner countries and the EU must support partnercountries to improve border security, to tackle illegal migration flows, smuggling and human trafficking;
Amendment 161 #
2020/2045(INI)
Motion for a resolution
Subheading 9 a (new)
Subheading 9 a (new)
Points out that Turkey hosts the largest refugee population in the world, with more than 3 million registered refugees from Syria, Iraq and Afghanistan;
Amendment 180 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Stresses the importance of transition from humanitarian relief to development cooperation and calls on the Commission to develop and implement a transition strategy, with the final objective of handing over both humanitarian and non-humanitarian activities to the national authorities;
Amendment 231 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Highlights Commission’s assurances that the 2020 extensions of the Bekou, Madad, Africa and Colombia Trust Funds sought to ensure a continued legal basis for payments of commitments made under the previous MFF 2014- 2020, and that no new commitments to the EUTFs be made under NDICI or IPA III;
Amendment 258 #
2020/2045(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increased flexibility and responsiveness, allowing it to continue the activities of the existing Trust Funds and thereby safeguard the unity of the Union budget; believes that the allocation of funding to the tasks taken over by NDICI-Global Europe from the Trust Funds needs to be done efficiently;
Amendment 265 #
2020/2045(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. In the event of greater needs in the MFF 2021-2027, advocates increasing the NDICI-Global Europe envelope through a revision of the MFF and the NDICI-Global Europe regulations, or a strengthening of the relevant NDICI-Global Europe budget lines with contributions in the form of external assigned revenue; stresses that, should nevertheless a need for a duly justified new Trust Fund nevertheless arise, itarise, following an outbreak of a major crisis, a sudden change in international relations requiring a major EU financial response, or the need to pool resources with third countries which would not be feasible under the co-legislated instruments, insists that Parliament must be fully involved from the very outset;
Amendment 288 #
2020/2045(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
Amendment 289 #
2020/2045(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Calls on the Commission to examine the possibilities to involve third country partners in joint initiatives and financing of addressing of common challenges such as migration, forced displacement, climate change, empowerment of women and protection of vulnerable groups;
Amendment 290 #
2020/2045(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Calls on the Commission to prioritise investments in education and job creation to provide possibilities to people in partnercountries to engage in local income generating activities;
Amendment 291 #
2020/2045(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Expects the Commission to address ongoing or future crises and potential reconstruction needs with a more efficient and targeted manner through utilising the existing ways and other means possible under the current Financial Regulation in close and coordinated cooperation with Member States and other EU institutions as ‘Team Europe’, and with like-minded international partners and donors;
Amendment 21 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administrations,
Amendment 63 #
2019/2975(RSP)
Citation 28 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of women with disabilities,
Amendment 65 #
2019/2975(RSP)
Citation 28 b (new)
- having regard to the European Ombudsman’s strategic inquiries into how the European Commission ensures that persons with disabilities can access its websites (OI/6/2017/EA), how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA) and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 71 #
2019/2975(RSP)
Recital A
A. whereas, as full citizens, all persons with disabilities have equal rights in all fields of life (including access to open labour market and education) and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society, respecting and valuating their input to social and economic progress of Europe;
Amendment 110 #
2019/2975(RSP)
Recital G a (new)
Amendment 144 #
2019/2975(RSP)
Paragraph 1
1. Aacknowledges the advancement in the implementation of the UNCRPD brought about by the European Disability Strategy 2010-2020; and calls on the Commission to continue the work by building upon and integrating what has been achieved and by upscaling the presentits commitment to the rights of persons with disabilities through the Strategy;
Amendment 162 #
2019/2975(RSP)
Paragraph 2 – indent 1
- with clearly designated priority areas covering all the provisions of the UNCRPD in all areas of EU policy and addressing the Concluding Observations of the UNCRPD Committee adopted in 2015,
Amendment 174 #
2019/2975(RSP)
Paragraph 2 – indent 4
- reflecting the diversity of persons with disabilities and their needs,
Amendment 187 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the childrenpersons with disabilities into all policies and areas,
Amendment 194 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
- giving special attention to wellbeing and equal opportunities for children with disabilities inter alia via ensuring unreserved access to childcare and education and supporting families with children with disabilities,
Amendment 210 #
2019/2975(RSP)
Paragraph 2 – indent 8
- allocating an adequate budget for the implementation of the post-2020 Strategy; and ensuring continuity of financing in the New Multiannual Financial Framework,
Amendment 213 #
2019/2975(RSP)
Paragraph 2 – indent 8 a (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face,
Amendment 217 #
2019/2975(RSP)
Paragraph 2 – indent 8 b (new)
- accelerating work on mutual recognition of disability status between EU Member States in all areas,
Amendment 218 #
2019/2975(RSP)
Paragraph 2 – indent 8 c (new)
- implementing the EU Disability Card to all EU Member States to ensure recognition of disability while moving across the EU and secure freedom of movement, access to culture, education and work for people with disabilities,
Amendment 219 #
2019/2975(RSP)
Paragraph 2 – indent 8 d (new)
Amendment 220 #
2019/2975(RSP)
Paragraph 2 – indent 8 e (new)
- acknowledging the evolution of new technologies and its potential for persons with disabilities including ICT applications,
Amendment 221 #
2019/2975(RSP)
Paragraph 2 – indent 8 f (new)
- supporting independent living programmes especially for people with intellectual disabilities by promoting supported employment and supported housing;
Amendment 222 #
2019/2975(RSP)
Paragraph 2 – indent 8 g (new)
- targeting adult people with disabilities with a special attention to the intellectually disabled and their future after the death of the attendant;
Amendment 238 #
2019/2975(RSP)
Paragraph 3 a (new)
3 a. Calls the Commission to ensure the inclusion of a gender-based and intersectional approach to combat the multiple forms of discrimination faced by women and girls with disabilities, and urges the European Union and those Member States which have not done so already to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 245 #
2019/2975(RSP)
Paragraph 3 b (new)
3 b. Calls for the post 2020 Strategy to set out an interinstitutional structure to oversee its implementation; urges that Disability Focal Points be present in all Commission Directorates General and agencies and in all EU institutions, with the central Focal Point located within the Commission’s General Secretariat; stresses that an interinstitutional mechanism exist to ensure collaboration between the Commission, the Parliament and the Council, with their respective Presidents meeting at the start of each mandate;
Amendment 252 #
2019/2975(RSP)
Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilities and of their representative organisations, and to ensure their accessible and meaningful participation in the preparation, implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
Amendment 291 #
2019/2975(RSP)
Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilities in all the relevant EU laws, policies and programmes; urges the full integration of the disability-rights perspective in the Gender Equality Strategy, the Youth Guarantee, the Green New Deal, the Child Guarantee and the forthcoming Green paper on Ageing, and stresses the need for a Disability Rights Guarantee to assist persons with disabilities into employment, traineeships, job placements and further education;
Amendment 309 #
2019/2975(RSP)
Paragraph 7 a (new)
7 a. Stresses the fact that people with disabilites are more exposed to the risk of poverty and social exclusion than those without;
Amendment 337 #
2019/2975(RSP)
Paragraph 8 a (new)
Amendment 362 #
2019/2975(RSP)
Paragraph 9
9. Calls on the Commission and Member States to develop a comprehensive campaign in accessible format with engagement of media to raise awareness of the UN CRPD, rights and needs of persons with disabilities as well as barriers they face among the persons with disabilities and the society in general;
Amendment 393 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the European Commission to ensure that the Strategy includes the end of violence against persons with disabilities as one of its main objectives, paying particular attention to gender-based violence, including forced sterilisation, forced institutionalisation, forced treatment and violence;
Amendment 402 #
2019/2975(RSP)
Paragraph 10 b (new)
10 b. Urges the Commission and the Member States to make the EU a leader in promoting the rights of persons with disabilities, including marginalised groups with disabilities, such as women and girls with disabilities, through its external action;
Amendment 437 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on the Commission to include a section on European Union institutions as public administrations to ensure that they comply with the UN CRPD in all respects, which includes making available the necessary resources, focal points, coordination mechanisms, internal policies, accessible infrastructure such as buildings, communications (including in sign language and Braille), websites and ICT applications, as well as permanent mechanisms to consult actively and effectively with representative organisations of persons with disabilities, positive actions and anti-discrimination safeguards that are necessary for the successful implementation of the Strategy and of the CRPD both in the EU at large as well as within the EU institutions and agencies;
Amendment 447 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on all Member States to develop their own national disability strategies for promoting disability equality mainstreaming and address the implementation of the UN CRPD;
Amendment 131 #
2019/2129(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the requirement for every EU Member State except Denmark and the UK to adopt the single currency once it has met the Maastricht convergence criteria; Calls on the ECB to continue a fruitful cooperation also with the non-eurozone EU states;
Amendment 49 #
2019/0246(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the fragile ecosystem in the Baltic Sea, support for the permanent cessation of fishing activities should not be granted for the retrofitting of fishing vessels for other activities than commercial fishing, such as recreational fishing, which could have a detrimental impact on the ecosystem. Therefore, such support should only be granted for the scrapping of fishing vessels. At the same time, support should only be granted for the scrapping of fishing vessels, including vessels used for recreational fishing. In view of the above, compensation scheme coverage and the possibility of scrapping recreational fishing units should take place on a similar basis as for industrial fishing.
Amendment 51 #
2019/0246(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the cultural and multi- generational characteristics of the coastal fishing profession, alternatives to the scrapping of vessels that would allow fishermen to remain in the profession should be provided.
Amendment 53 #
2019/0246(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Compensation for the permanent cessation of vessels’ activities will not be attractive to operators if it is deducted from the temporary cessation compensation paid in the past pursuant to Article 25(5) of Regulation (EU) No 508/2014. Such a deduction would not make sense because services have been provided in the past for the temporary cessation of vessels’ activities, while compensation for permanent cessation of activities concerns future benefits.
Amendment 58 #
2019/0246(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EU) No 508/2014
Article 34 – paragraph 4 c a (new)
Article 34 – paragraph 4 c a (new)
4ca. Support granted to ship-owners under Article 33 shall not be deducted from support received by ship-owners under this Article in respect of the same vessel.
Amendment 279 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) widening participation in the Programme, including underrepresented EU Member States and EU R&I institutions
Amendment 288 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) connecting and, developing and facilitating wide access to research infrastructures across the European rResearch area;Area and enhancing its involvement in Horizon Europe’s projects
Amendment 407 #
2018/0225(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In accordance with Article 9(1)of Regulation … FP/RfP Regulation, the financial envelope for the implementation of the Specific Programme for the period 2021 to 2027 shall be EUR 94 1120 000 000 000 in curreonstant prices.
Amendment 486 #
2018/0225(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall establish a European Innovation Council (EIC) for implementing actions under Pillar III 'Open Innovationve Europe' which relate to the EIC. The EIC shall operate according to the following principles: focus on breakthrough and disruptivenew ideas, which could lead to breakthrough and disruptive societal, economic and technological innovation, autonomy, ability to take risk, efficiency, effectiveness, transparency and accountability, while strengthening EU global competitiveness and R&I capacity of all EU Member States.
Amendment 544 #
2018/0225(COD)
Proposal for a decision
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) all clusters under the pillar 'Global Challenges and Industrial Competitiveness', MSCA, research infrastructures, support to research and innovation ecosystems, sharpreading excellence and widening participation, reforming and enhancing the European R&I System, in accordance with the examination procedure referred to in Article 12(4);
Amendment 652 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 2 – point 2.1 – paragraph 2
Annex I – part I – point 2 – point 2.1 – paragraph 2
Europe is a scientific powerhouse with around 1.8 million researchers working in thousands of universities, research centres and world-leading companies. However, it is estimated that the EU will need to train and employ at least one million new researchers by 2027 in order to achieve the targets beings set for increased investment in research and innovation. This need is particularly acute in the non-academic sector. The EU must reinforce its efforts to entice more young women and men to a career in research, to attract researchers from third countries, retain its own researchers and reintegrate European researchers working elsewhere back to Europe. To achieve that goal, attention should be paid to schemes facilitating the balance between family and work life, including adding more flexibility for researchers of both sexes to facilitate the reconciliation of work and family life. Guaranteeing full gender equality in all sectors including science, technology and innovation is an essential condition for global economic development. In addition, in order to ensure synergies and more widely spread excellence, the Seal of Excellence label will continue to be applied to calls under MSCA; the conditions under which researchers perform must be further improved throughout the European Research Area (ERA), including addressing the remuneration gap among researchers from different EU Members States involved in the EU R&I Framework Programmes’ projects. In this respect, stronger links are needed notably with the European Education Area (EEdA), the European Regional Development Fund (ERDF), and European Social Fund (ESF+).
Amendment 688 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 2
Annex I – part I – point 3 – point 3.1 – paragraph 2
The overall aim is to endow Europeimprove Europe's endowment with world-class sustainable research infrastructures, including small and medium-sized ones, open and accessible to all researchers in Europe and beyond, which fully exploit their potential for scientific advance and innovation. Key objectives are to reduce the fragmentation of the research and innovation ecosystem, ensure continuous modernisation, avoiding duplication of effort, and better coordinate the development and use of research infrastructur, use and accessibility of research infrastructures as well as its better involvement in Horizon Europe’s projects, including research infrastructures founded by the EU, particularly from ERDF. This will provide clear synergies between Horizon Europe and conducted national and regional R&I strategies. It is also crucial to support open access to research infrastructures for all European researchers as well as, through the European Open Science Cloud (hereafter 'EOSC'), increased access to digital research resources, specifically tackling the currently sub-optimal embracement of open science and open data practises. Equally, the EU needs to tackle the rapid increase of global competition for talent by attracting third country researchers to work with European world-class research infrastructures. Increasing the competitiveness of European industry is also a major objective, supporting key technologies and services relevant for research infrastructures and their users, thus improving the conditions for supply and utilisation of innovative solutions.
Amendment 1922 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – introductory part
Annex I – part 4 – point 1 – introductory part
1. SHARPREADING EXCELLENCE33 _________________ 33 innovation excellence will be used to define those Member States and Associated Countries where legal entities need to be established in order to be eligible to submit proposals as coordinators under 'sharing excellence'. This criterion will address the dimensions of the overall economic performance (GDP), research performance and innovation performance in a combined manner normalised to the size of the related countries. The countries identified with this criterion are called 'eligible countries' in the context of 'sharing excellence'. On the basis of Article 349 TFEU, legal entities from Outermost Regions will be also fully eligible as coordinators under 'sharing excellence'. AND WIDENING PARTICIPATION A criterion based on research and
Amendment 1926 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 1
Annex I – part 4 – point 1 – paragraph 1
Reducing disparities in research and innovation performance by sharing knowledge and expertise across the EU and by widening participation in the Programme will help both countries and regions that are lagging behind in terms of research and innovation performance, including the EU outermost regions, to attain a competitive position in the global value chains and the Union to fully benefit from R&I potential of all Member States. Activities may also be established to foster brain circulation right across ERA and better exploitation of existing (and possibly jointly managed EU programmes) research infrastructures in the targeted countries through mobility and collaboration of researchers and innovators and setting new R&I networks and R&I initiatives on the base of those infrastructures.
Amendment 1928 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 1 a (new)
Annex I – part 4 – point 1 – paragraph 1 a (new)
Legal entities need to be established in those EU Members States, which are ranked below 70% of the EU27 average of the composite indicator on Research Excellence implemented under Horizon 2020 in order to be eligible to submit proposals as coordinators under 'spreading excellence and widening participation'. The countries identified with this criterion are called 'eligible countries' in the context of 'spreading excellence and widening participation'.
Amendment 1930 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 1
Annex I – part 4 – point 1 – paragraph 3 – indent 1
– Teaming, to create new centres of excellence or upgrade existing ones in eligible countries, building on partnerships, including through new excellent research and innovation activities, in eligible countries, building on cooperation in all stages of research between leading scientific institutions and partner institutions;
Amendment 1932 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 2
Annex I – part 4 – point 1 – paragraph 3 – indent 2
– Twinning, to significantly strengthen a university or research organisation from an eligible country in a defined field, in all stages of research, by linking it with internationally-leading research institutions or research initiatives from other Member States or Associated Countries.
Amendment 1934 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 3 b (new)
Annex I – part 4 – point 1 – paragraph 3 – indent 3 b (new)
- - “Excellence for EU infrastructures”, to support creation new excellent research and innovation networks or new centres of excellence on the base of research infrastructures financed from ERDF in ‘spreading excellence and widening participation’ eligible countries, to boost new R&I cooperation patterns across Europe and involve those infrastructures in excellent collaborative projects, aiming synergies between national and regional R&I strategies and the Programme.
Amendment 1935 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 3 c (new)
Annex I – part 4 – point 1 – paragraph 3 – indent 3 c (new)
Amendment 1941 #
2018/0225(COD)
Proposal for a decision
Annex I – part 4 – point 1 – paragraph 5
Annex I – part 4 – point 1 – paragraph 5
This intervention areae ‘Spreading excellence and widening participation’ priority will support the Horizon Europe specific objectives: Sspread and connect excellence across the EU and widen participation in the Programme, including underperforming Member States; Reinforce the creation of high quality knowledge; Increase cross- sectorial, cross- disciplinary cross-border cooperation. and boost creation of the new R&I activities and networks, involving widening eligible countries and excellent ‘newcomers’ from EU Member States; Support ‘Science and citizens’ activities
Amendment 319 #
2018/0224(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The continuation of “Open Science, Open Innovation, Open to the World cons” attitutde general principles, which should ensure excellence and impact of the Union's investment in research and innovation. They and strengthen R&I capacity of all Member States. This should be adhered in the implementation of the Programme, in particular for the sStrategic planning in respect of the pillar 'Global Challenges and Industrial Competitiveness'R&I Plans.
Amendment 328 #
2018/0224(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The conception and design of the Programme should respond to the need for establishing a critical mass of supported activities, throughout the EU Unionuropean Union, with balanced roles of research, academia and industry, and through targeted international cooperation while safeguarding balanced participation of all Member States in the Programme, in line with the UN Sustainable Development Goals (SDGs). Programme implementation should reinforce the pursuit of this aim.
Amendment 386 #
2018/0224(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission's Communication on the interim evaluation of Horizon 2020 (COM(2018) 2 final) hasand the European Parliament’s report on the assessment of Horizon 2020 implementation in view of its interim evaluation and the Framework Programme 9 proposal (2016/2147(INI)) have provided a set of recommendations for this Programme, including its Rules for participation and dissemination, building on the lessons learnt from the previous Programme as well as input from EU institutions and stakeholders. Those recommendations include to invest more ambitiously in order to reach critical mass and maximise impact; to support breakthrough innovation; to prioritise Union research and innovation (R&I) investments in areas of high added value, notably through mission- orientation, citizen involvement and wide communication; to rationalise the Union funding landscape in order to fully use the R&I potential of all Member States, including by streamlining the range of partnership initiatives and co-funding schemes; the development of more and concrete synergies between different Union funding instruments, notably with the aim of helping to mobilise under-exploited R&I potential across the Union; to strengthen international cooperation and reinforce openness to third countries' participationbetter involve research infrastructures financed by the EU - especially from ERDF - into the Programme’s projects, to strengthen international cooperation and reinforce openness to third countries' participation while safeguarding EU interest and balanced participation of all Member States in the Programme; and to continue simplification based on implementation experiences from Horizon 2020.
Amendment 461 #
2018/0224(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) With the aim of strengthening of the European Research Area, significant reduction of the EU research and innovation divide and diminishing the participation gap in the EU R&I actions, all parts of the Programme should contribute to spreading scientific excellence, boosting new R&I cooperation patterns, reducing remuneration gap among researchers within the Union, modernising national R&I ecosystems and ensuring balanced representation in the evaluation panels, expert groups and scientific boards.
Amendment 503 #
2018/0224(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The current system of reimbursement of actual personnel costs should be further simplified building on the project-based, aiming closing the remuneration gapproach developed under Horizon 2020 and further aligned to the Financial Regulation among EU researchers involved in the Programme, including through acceptance of national accounting practices.
Amendment 512 #
2018/0224(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The key elements of the proposal evaluation and selection system of the predecessor programme Horizon 2020 with its particular focus on ‘excellence’, ‘impact’ and ‘quality and efficiency of implementation’ criteria, should be maintained. Proposals should continue to be selected based on the evaluation made by independent experts. The Commission will organise blind-evaluation pilots and analyse its results in order to implement, if justified, blind-evaluation procedure in all parts of Horizon Europe. Where relevant, the necessity to ensure the overall coherence of the portfolio of projects should be taken into account by independent experts.
Amendment 652 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to fully use R&I potential of all Member States and support creating new excellent R&I networks involving also less performing EU Member States
Amendment 719 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) sharpreading excellence and widening participation;
Amendment 763 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
Amendment 905 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in curreonstant prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
Amendment 1046 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d – point 1
Article 9 – paragraph 2 – point d – point 1
(1) EUR 1 76 000 000 000 for 'sharpreading excellence and widening participation';
Amendment 1247 #
2018/0224(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Scientific excellence remains core evaluation criteria in all Horizon Europe’s calls. Among the proposals having passed the applicable thresholds and evaluated equally as excellent, priority shall be considered to those providing strong EU added value and meeting at least one of the following conditions, contributing directly to 'impact' and 'quality and efficiency of implementation' criteria: – helping to achieve the specific EU policy objectives; – attracting excellent scientists and high-quality industry partners from outside of the EU – using research infrastructure financed by the EU, particularly from ERDF – involving partners from the eligible widening countries
Amendment 1624 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – introductory part
Annex I – point 4 – introductory part
(4) PCross-cutting part 'Strengthening the European Research Area'
Amendment 1634 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – paragraph 2
Annex I – point 4 – paragraph 2
Areas of intervention: Sharpreading Eexcellence; Reforming and enhanc and widening participation through existing Teaming, Twinning, and ERA-Chairs instruments transformed from just networking to both networking and R&I activities, as well as through additional instrument focused on creating new high-quality R&I networks based on the sophisticated research infrastructures financed from ERDF; supporting COST and citizen engagement activities; reforming the European R&I system.s;
Amendment 118 #
2018/0166R(APP)
Paragraph 14 – point xvi
xvi. MaintainIncrease the level of 2014-2020 funding for several EU programmes (e.g. Justice, Rights and Values), for which the Commission proposal represents a reduction in real terms, to finance an internal European Democracy Fund for the strengthened support of civil society and NGOs working in the fields of democracy and human rights (EUR 0.5 billion);
Amendment 171 #
2018/0166R(APP)
Paragraph 26
26. Stresses the importance of the new sanction mechanism whereby Member States that do not respect the values enshrined in Article 2 of the Treaty on European Union (TEU) shall be subject to financial consequences; warns, however, that final beneficiaries of the Union budget shall in no way be affected by the disregarding from their government towards fundamental rights and the rule of law; therefore underlines that measures shall not affect the obligation of government entities or of Member States to make payments to final beneficiaries or recipients; underlines the importance of an internal European Democracy Fund, believes however, that its financing cannot be at the expense of cohesion policy and other programmes; stresses that in order to fulfil the objectives of the fund, the principle of central management should apply;
Amendment 216 #
2018/0166R(APP)
Paragraph 37 a (new)
37 a. Calls on the Commission to come up with a proposal to address the paradoxical situation whereby contributions from the United Kingdom to the RAL pre-2021 will enter the budget as general revenue, thus being counted against the Own Resources ceiling, while that ceiling will be calculated on the basis of the EU 27 GNI, thus without the United Kingdom, once the country will have left the EU; considers that UK contributions should on the contrary be calculated on top of the Own Resources ceiling;
Amendment 31 #
2017/2084(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas sustainable use of all indigenous energy sources of Member States is uniquely crucial for EU’s overall energy security and economic competitiveness;
Amendment 36 #
2017/2084(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication setting the framework for accelerating the EU’s clean energy innovation; is convinced that clean energy innovation should foster sustainable use of all indigenous energy sources of Member States leading to energy savings and wider benefits, such as those related to health, safety and air quality, while respecting the provisions of Article 194 TFEU;
Amendment 59 #
2017/2084(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that research and innovation in energy crucially depends on predictability and certainty, which require long-term policy vision, sustained targeted incentives and patient equity capital in order to attain the necessary critical mass for market deployment; welcomes the focus on key technologies, as confirmed in the Strategic Energy Technology Plan (SET-Plan) and Commission communication; reiterates the provisions of Article 194 TFEU and notes that they must be reflected in policy and financial instruments supporting clean energy innovation; stresses, however, the need for greater prioritisation of cross- cutting, systemic innovation in energy, as innovation is not only technology-driven;
Amendment 69 #
2017/2084(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission and the Member States to put in place mechanisms for coordinating EU and national research and energy innovation programmes in order to foster synergies and avoid duplication, to ensure the most effective use of existing resources and, infrastructure and all indigenous energy source available in all Member States, and to maximise the market uptake of new technologies and innovations across all EU regions; believes that including relevant information in national energy and climate plans could be conducive to that aim;
Amendment 146 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Poland 515
Amendment 57 #
2017/2052(INI)
3. Considers that the next MFF period should make provision for adequate EU funding, including structural and investment funds, in order to deepen the integration of the EU energy market and support energy transition, especially for key energy infrastructure projects such as projects of common interest (PCIs);
Amendment 112 #
2017/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates the need to continue with Horizon 2020 and to provide it with at least the same share of funding as at present in order to respond to societal challenges and secure Europe’s global competitiveness and industrial leadership in innovation; calls also for a greater focus on implementing innovation through joint undertakings, on supporting investment in key technologies and on ensuring that SMEs have better access to risk capital; supporting investment in key technologies, on ensuring that SMEs have better access to risk capital and on implementing innovation through joint undertakings and other efficient instruments such as the European Institute of Technology (EIT) and its Knowledge and Innovation Communities (KICs), which need adequate resources to further develop their actions in education, support to innovation projects and to start-ups;
Amendment 170 #
2017/2052(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance of strengthening and streamlining energy and climate policy, in particular all objectives of the Energy Union, which should be supported by existing and new instruments, including in the cohesion policy;
Amendment 173 #
2017/2052(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Emphasises that the Union's coal- dependent regions and countries need targeted support, including adequate funds, to effectively contribute to a strategic transition to low-emission, circular economy; calls for establishing comprehensive instrument for such regions and countries in order to support a just transition, in particular through development and deployment of renewable sources, energy efficiency solutions, energy storage, electro-mobility solutions and infrastructures, modernisation of power generation and grids, advanced power generation technologies, including CCS, CCU and coal gasification, modernisation of district heating, including high-efficiency cogeneration, early adaptation to future environmental standards, restructuring of carbon dependent sectors as well as addressing societal, socio-economic and environmental impacts.
Amendment 227 #
2017/2052(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Calls for the creation of new financial instrument to support civic initiatives aimed at promoting and strengthening European democratic values in the Member States - The European Values Instrument. Drawing on the experience of the European Instrument for Democracy and Human Rights supporting projects in the area of human rights in non-EU countries, the new intra-EU budget line should help citizens to act effectively in their own countries in defence of values laid out in Article 2 of the TEU. Funds should be disbursed by the European Commission independently of governments and granted to the civic organisations in the Member States;
Amendment 250 #
2017/2052(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes the reference to the notion of European added value presented in several Commission documents; reiterates the list of parameters identified by Parliament in its resolution6 in this context; recalls that the EU’s resources should be used to finance European public goods as well as to act as a catalyst in providing incentives for Member States at all administrative levels to take action in order to fulfil Treaty objectives and to attain common EU goals which would not be realised otherwise; agrees that the EU budget should be used to finance actions that can benefit the EU as a whole, which cannot be ensured efficiently by any single Member State alone and that can offer better value for money compared to actions taken solely at national, regional or local level; __________________ 6considers that European added value is created by programmes in both shared and central management as two complementary methods of attaining EU goals; __________________ 6 Texts adopted, P8_TA(2017)0401. Texts adopted, P8_TA(2017)0401.
Amendment 320 #
2017/2052(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Believes, therefore, that the current presentation of the headings requires some improvements, but is against any unjustified radical changes; proposes, as a result, the following structure for the MFF post-2020; Heading 1: A stronger and sustainable economy Including programmes and instruments supporting: under direct management: - - smSmart and Inclusive Growth a. Competitiveness for growth and jobs b. Economic, sociall and medium-sized enterprises - - - adaptation - - - supporting investments in Europe (possible umbrella financialtorial cohesion research and innovation industrument at EU level, incl. EFSI) Heading 2: Stronger cohesion and solidarity in Europe Including programmes and instruments supporting: - cohesion (under shared management): investments in innovation, digitalisation, reindustrialisation, SMEs, transport, climate change adaptation empy, entrepreneurship and large-infrastructure projects transport, digitalisation, energy environment and climate change agriculture and rural develoypment, social maritime affairs and social inclusion - education and life-long learning - communication - - justice and consumers - national administrations Heading 3: Stronger responsibility in the world Including programmes and instruments supporting: - development - - - - - external relations facilities Heading 4: Security, peace and stability for all Including programmes and instruments supporting: - - - policy - Heading 5: An efficient administration at the service of Europeans - - equipment of EU institutionsfisheries horizontal (financial) instruments Heading 2: Sustainable Growth: Natural Resources economic, social and territorial culture, citizenship and health and food safety asylum, migration and integration, support to and coordination with Heading 3: Security, citizenship and defence international cooperation and neighbourhood enlargement humanitarian aid trade contribution to EU trust funds and Heading 4: Global Europe security crisis response and stability common foreign and security defence Heading 5: Administration financing EU staff financing the buildings and
Amendment 353 #
2017/2052(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Calls, furthermore, for a greater focus on implementing research and innovation through joint undertakingdiverse instruments and for supporting investment in key technologies to close the investment gap in innovation; emphasises that the increase in funds must be coupled with a simplification of funding procedures; welcomes the Commission’s efforts in this respect and insists that these should continue under the next programming period; notes the large geographic imbalances in the use of funds from the Framework Programme; calls for comprehensive budgetary solutions to ensure that all EU Member States and regions engage in research, development and innovation;
Amendment 400 #
2017/2052(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Considers it essential to secure a sustainable and affordable energy supply in Europe; calls, therefore, for continuous support for investments ensuring the diversification of energy sources and routes, increasing energy security and enhancing energy efficiency, including by CEF Energy; stresses in particular the importance of providing for comprehensive support, especially for carbon-intensive regions, energy transition, transition to a low-carbemission economy, the modernisation of power generation and grids, carbon capture storage and utilisation technologies, and the modernisation of district heating; considers that the transformation of the energy sector in the light of the climate objectives should be supported by the creation of an Energy Transition Fund under the next MFF that would facilitate the structural changes in energy-intensive industries and carbon-intensive electricity production plants, and create incentives for low-carbon investments and innovative solutionUnion's coal-dependent regions and countries need targeted support, including adequate funds, to effectively contribute to a strategic transition to low- emission economy and calls for establishing comprehensive instrument for such regions and countries in order to support a just transition, in particular through development and deployment of renewable sources, energy efficiency solutions, energy storage, electro-mobility solutions and infrastructures, modernization of power generation and grids, advanced power generation technologies, including CCS, CCU and coal gasification, modernisation of district heating, including high-efficiency cogeneration, early adaptation to future environmental standards, restructuring of energy-intensive industries as well as addressing societal, socio-economic and environmental impacts;
Amendment 458 #
2017/2052(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Underlines the key role of convergence of the direct payments between Member States to ensure a level playing field in the single European market, equal treatment of EU citizens and the implementation of the Treaty objectives in terms of economic and social cohesion;
Amendment 459 #
2017/2052(INI)
Motion for a resolution
Paragraph 78 b (new)
Paragraph 78 b (new)
78b. Points out that the numerous EU rural areas face serious problems such as low employment, underdevelopment of technical and social infrastructure, lack of or low level of basic services, which in turn leads to their rapid depopulation; stresses, therefore, that these areas need more support while the criteria for the distribution of the funds should continue to take into account differences in the level of rural development in Member States;
Amendment 488 #
2017/2052(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Stresses that cohesion policy post- 2020 should remain the main investment policy of the European Union covering all EU regions while concentrating the majority of the resources on the most vulnerable ones; believes that, beyond the goal of reducing the disparities between levels of development and enhancing convergence as enshrined in the Treaty, it should focus on the achievement of the broad EU political objectives and proposes, therefore, that under the next MFF, the three cohesion policy funds – the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund – should concentrate mainly on providing support for growth and competitiveness, innovation, digitalisation, reindustrialisationy 4.0, SMEs, transport, climate change adaptamitigation and adaptation, environmental sustainability, circular economy, energy transition, employment and social inclusion; calls, moreover, for a reinforced territorial cooperation component and an urban dimension for the policy;
Amendment 510 #
2017/2052(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Considers maintaining the financing of cohesion policy post-2020 for the EU-27 at least at the level of the 2014- 2020 budget to be of the utmost importance; stresses that GDP should remain one of thethe main parameters for the allocation of cohesion policy funds, reflecting well the development gaps, but believes that it should be complemented by an additional set of social, environmental and demographic indicators to better take into account new types of inequalities between EU regions; supports, in addition, the continuation under the new programming period of the elements that rendered cohesion policy more modern and performance-oriented under the current MFF;
Amendment 626 #
2017/2052(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Is ready to consider a streamlined architecture of the external financing instruments, as long as the Commission and the High Representative clearly demonstrate the expected advantages of such changes and provided that the specificities of the underlying Union policies are respected; notes that suchunderlines that the new financial architecture should include a budgetised EDF, and must duly reflect the importance of the EU neighbourhood policy, therefore proposes to maintain a separate European Neighbourhood Instrument; notes that such architecture should include a more transparent incorporation of trust funds and facilities, as well as a possible continuation of the External Investment Plan based on its evaluation; could consider, as part of an overall increase in the external financing instruments, a larger unallocated reserve aimed at increasing in-built flexibility, but stresses that this should not be achieved at the expense of long-term geographic and thematic priorities;
Amendment 641 #
2017/2052(INI)
Motion for a resolution
Paragraph 91 a (new)
Paragraph 91 a (new)
91a. Points out that ensuring food security for all EU citizens is also an important aspect of security, and requires adequate funding of the common agricultural policy, which plays a key role in this respect;
Amendment 179 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, including energenergy security, transport, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 125 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This timeinternational transport operations should not be subject to Directives 96/71/EC 2014/67/EU. A seven day threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply from day seven to cabotage irrespective of the frequency and duration of theof operations carried out by a driver. _________________ 18 Regulation (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). 19 Regulation (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 134 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to the absence of a sufficient link of a driver with a territory of a host Member State, transit operations should not be subject to this Directive, Directive 96/71/EC and Directive 2014/67/EU.
Amendment 139 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. In order to ensure the effectiveness of controls, it is important to make a distinction between the checks carried out at the roadside and at the premises of the undertakings. The checks could also be carried out remotely by electronic or digital means.
Amendment 148 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate the implementation, application and enforcement of this Directive, the internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 should be used in Member States for the enhanced exchange of information between regional and local authorities across borders. It could also be an advantage to extend the features of IMI to include the submission and transmission of simple declarations.
Amendment 165 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 182 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 orhave been detected at the roadside. Checks of compliance with Directive 2002/15/EC shavell been detected at the roadside. carried out exclusively at the premises of the undertakings or remotely by electronic or digital means;
Amendment 242 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – part A – point (6)
Annex I – part A – point (6)
Amendment 256 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations shall be fully exempt from the scope of Directive 96/71/EC and of this Directive.
Amendment 258 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. This Directive and Directive 96/71/EC shall not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation (EC) No 1072/2009 in these cross-border regions within 100 km radius from the border.
Amendment 278 #
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) ofDirective 96/71/EC and Directive 96/712014/67/ECU to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriwhen they perform international operations. When performing cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 37 days during a period of one calendar month, Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC.
Amendment 311 #
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 37 days as regards cabotage operations, 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 357 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixtwelve hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 368 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 384 #
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 388 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Road transport operations falling under the scope of this Directive shall be excluded from rules on ''posting exceeding twenty-four months'' as referred in [Article 2a of Directive 96/71/EC as amended by 2016/0070(COD)].
Amendment 392 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Road transport operations falling under the scope of this Directive shall be excluded from rules on collective agreements or arbitration awards which are not universally applicable as defined in Article 3(8) of Directive 96/71/EC.
Amendment 401 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9(1) and (2) of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 422 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a postingvia a dedicated public interface of IMI a standardised, electronic, simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 463 #
2017/0121(COD)
(aa) For the purpose of point (a) of this paragraph the road transport operator may provide a declaration covering a period of a maximum of six months. The information in points (ii) to (vi) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI dedicated to transport operators shall contain country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 472 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postingsimple declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 493 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 513 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 554 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a peDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of an employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carrioed of a maximum of six months. ut solely at the premises. Member States shall proceed in line with the procedures laid down in Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 590 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […insert the date of entry into force of Directive 96/71/EC* as amended by 2016/0070(COD)].
Amendment 592 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
The European transport sector because of its specificity and highly mobile nature shall be exempt from the application of the Posting of Workers Directive 96/71/EC* until the entry into force of this Directive.
Amendment 131 #
2016/0382(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The national targets set for 2020 should constitute Member States' minimum contribution to the new 2030 framework. Under no circumstances the national share of renewables should fall below such contribution and, in case this happens, the relevant Member States should take the appropriate measures to ensure that this baseline is maintained as well as contribute to the financial instrument referred to in Regulation [Governance].
Amendment 135 #
2016/0382(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 27% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
Amendment 281 #
2016/0382(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Representing around half of the final energy consumption of the Union, heating and cooling is considered to be a key sector in accelerating the decarbonisation of the energy system. Moreover, it is also a strategic sector in terms of energy security, as it is projected that around 40% of the renewable energy consumption by 2030 should come from renewable heating and cooling. The absence of a harmonised strategy at Union level,contributing to emission reductions. Moreover, it is also a sector with high share of households affected by low income according to national average. A stronger requirement in impact assessment guidelines should be introduced to evaluate the limpackt of internalisation of external costs and the fragmentation of heating and cooling markets have led to relatively slow progress in this sector so farpolicies on vulnerable consumers and households with low income compared to national average.
Amendment 479 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 27% and the contribution from sustainable biofuels consumed in transport, produced from food and feed crops, shall be no more than 7% of the calculation of the Union's gross final consumption of energy in transport in 2030.
Amendment 561 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that support for renewable electricity is granted on the basis of technological neutrality principle and in an open, transparent, competitive, non- discriminatory and cost- effective manner.
Amendment 634 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that support for at least 10% of the newly- supported capacity in each year between 2021 and 2025 and at least 15% of the newly-supported capacity in each year between 2026 and 2030 is open, to adequate extent, support is open to installations located in other Member States. Member States may decide to open support to installations located in otheronly in Member States to which they are directly interconnected.
Amendment 1030 #
2016/0382(COD)
Proposal for a directive
Article 23
Article 23
Amendment 1133 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
5. An operator of a district heating or cooling system may refuse access to suppliers where one or more of the following conditions are met: - the system lacks the necessary capacity due to other supplies of waste heat or cold, of heat or cold from renewable energy sources or of heat or cold produced by high-efficiency cogeneration or there is no other technical access necessary to ensure the safety of the district heating system; - the system constitutes an effective heating or cooling system within the meaning of Article 2 (41) of Directive 2012/27/EU, and providing access would cause a deterioration in terms of energy efficiency of the system; - providing access would lead to an excessive heat or cold price increase or increase of rates of charges of heat or cold delivered to final customers. Member States shall ensure that where such a refusal takes place the operator of the district heating or cooling system provides relevant information to the competent authority according to paragraph 9 on measures that would be necessary to reinforce the system.
Amendment 1139 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 187 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particularnamely wind, solar (solar thermal and solar -photovoltaic) ,and geothermal energy, ambient heat, hydropower and tide, ocean , wavetide, wave and other ocean energy , and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible whydropower, biomass, landfill gas, sewage treatment plant gas and biogastes of renewable origin , ;
Amendment 200 #
2016/0380(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
39. 'regional operational centresecurity coordinator' means the regional operational centre as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2].security coordinator as defined in the System Operation Guideline Regulation
Amendment 400 #
2016/0380(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplier provided that there is technical availability necessary for such a service.
Amendment 442 #
2016/0380(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that final customers are not charged any switching- related fees.
Amendment 450 #
2016/0380(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to final customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if final customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the final customer terminating the contract, including the cost of any bundled investments or services already provided to the final customer as part of the contract.
Amendment 656 #
2016/0380(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that nationalthe regulatory authorities encourage final customersframework allows the customers offering demand response, including those offering demand response through aggregators, to participate alongside generators in a non- discriminatory manner in all organised markets and capacity mechanisms.
Amendment 726 #
2016/0380(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in Annex II. The information contained in bills shall be correct, clear, concise and presented in a manner that facilitates comparison by consumers. The information indicated in Annex II, which will not be contained in the bills, shall be made available to the customers by other means as chosen by the Member States.
Amendment 859 #
2016/0380(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Commission, by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 68, shall determine a common European shall adopt a non-binding guideline on the determination of the data format and non- discriminatory and transparent procedures for accessing the data, listed under Article 23 (1), that will replacin which it will provide non- binding proposals for the methods of determination of the national data format and procedure to be adopted by Member States in accordance with paragraph 1. Member States shall ensure that market participants apply a common European data format.
Amendment 1086 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Transmission system operators shall not be allowed to own, manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services, apart from the assets that constitute an integral part of the transmission grid.
Amendment 1207 #
2016/0380(COD)
Proposal for a directive
Article 62 – title
Article 62 – title
Duties and powers of regulatory authorities with respect to regional operational ccoordination between treansmission system operators
Amendment 1210 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. The regional regulatory authorities of the geographical area where a regional operational centresecurity coordinator is established shall, in close coordination with each other: approve the transmission system operators’ cooperative decision-making process, proposed by the transmission system operators of such geographical area.
Amendment 1217 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point b
Article 62 – paragraph 1 – point b
Amendment 1221 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
Amendment 1223 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point d
Article 62 – paragraph 1 – point d
Amendment 1227 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point e
Article 62 – paragraph 1 – point e
Amendment 1229 #
2016/0380(COD)
Proposal for a directive
Article 62 – paragraph 1 – point f
Article 62 – paragraph 1 – point f
Amendment 1322 #
2016/0380(COD)
Proposal for a directive
Annex II – point 2 – paragraph 2
Annex II – point 2 – paragraph 2
The customers' price is the sum of the following three main components: the energy and supply component, the network component (transmission and distribution) and the component comprising taxes, levies, fees and charges (including the climate and energy policy charges, subsidies for renewable energy sources and other duties and levies).
Amendment 233 #
2016/0379(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an market or administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 338 #
2016/0379(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW if the relevant DSO raises no objections;
Amendment 374 #
2016/0379(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Balancing energy shall be procured separately from balancing capacity. When economically efficient and subject to approval by the national regulatory authority, procurement of balancing energy and balancing capacity may be performed under an integrated process. Procurement processes shall be transparent while at the same time respecting confidentiality.
Amendment 837 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19national resource adequacy assessment, which shall consider the European resource adequacy assessment pursuant to Article 19. The methodology for a national resource adequacy assessment shall be determined by a Member State and shall take into account the methodology referred to in Article 19(4).
Amendment 861 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Europeana national resource adequacy assessment identifies a resource adequacy concern Member States shall identify any regulatory distortions that caused or contributed to the emergence of the concern.
Amendment 918 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 5 – point a
Article 19 – paragraph 5 – point a
(a) the value of lost load. The methodology for calculating the value of lost load shall enable Member States to take into account local economic conditions;
Amendment 923 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 5 – point c a (new)
Article 19 – paragraph 5 – point c a (new)
(ca) technical conditions of generation and grid operation, including plant type parameters, maintenance schedules, power plant, grid outages and the derating factors for all generation installations;
Amendment 950 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Mechanisms other than strategic reserves shall be open to direct participation of capacity providercross- border participation, by which capacities located in another Member State provided there is a network connection between that Member State and the bidding zonor interconnectors can be certified in the capplying the mechanismacity mechanism and remunerated for their participation, subject to limitations mentioned in paragraphs 2 and 2a.
Amendment 964 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that eligible foreign capacity capable of providing equivalent technical performance tocontribution to their system adequacy as domestic capacities has the opportunity to participate in the same competitive process as domestic capacity.
Amendment 969 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point 1 (new)
Article 21 – paragraph 2 – point 1 (new)
(1) The Member State applying the mechanism may limit direct cross-border participation to only: a. bidding zones with a direct network connection between that bidding zone and the bidding zone applying the mechanism; b. bidding zones not applying a strategic reserve; c. capacity providers that are not already participating in another capacity mechanism for the same delivery period. In the specific cases where those limitations are applied, Member States shall however take into account, in their capacity requirements, the contribution to their system adequacy of those ineligible capacities.
Amendment 974 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall not restrict capacityeligible capacity providers which isare located in their territory from participating in capacity mechanisms of other Member States.
Amendment 988 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. CWithout prejudice to the limitations set out in paragraph 2, capacity providers shall be able to participate in more than one mechanism for the same delivery period. They shall be subject to non-availability payments in case of non-availability, and subject to two or more non-availability payments where there is concurrent scarcity in two or more bidding zones where the capacity provider is contractedpursuant to the common rules referred to in paragraph 10(d) in case of non- availability.
Amendment 995 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Regional operational centres established pursuant to Article 32Transmission system operators shall annually calculate the maximum entry capacity available for the participation of foreign capacity taking into account the expected availability of interconnection and the likely concurrence of system stress between the system where the mechanism is applied and the system in which the foreign capacity is located. A calculation is required for each bidding zone border.
Amendment 1017 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. To address residual concerns that cannot be eliminated by the measures pursuant to Article 18(3), Member States may introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules.
Amendment 1052 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1092 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the Europeana national resource adequacy assessment has not identified a resource adequacy concern, Member States shall not apply capacity mechanisms.
Amendment 1114 #
2016/0379(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, 21 and 23 of this Regulation by 31 December 2030.
Amendment 138 #
2016/0376(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Commission and the Member States will need to ensure that the reduction in energy consumption results from greater energy efficiency and not macro-economic circumstances.
Amendment 141 #
2016/0376(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States should identify cost-effective energy efficiency potentials on the basis of bottom-up calculation for each sector separately, as these are dependent on their energy mix, economy structure and pace of economic development.
Amendment 229 #
2016/0376(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Distributed energy generation units reduce transmission and distribution losses, as well as enable flexible and efficient adaptation to changing energy demand of local consumers in densely populated areas. Having in mind the EU reindustrialisation goal, the modernisation of existing and the development of new industry self- generation capacities based on RES and CHP as well as industrial energy storage shall be incentivised. As industry self- generation has strategic potential to build energy-efficient, distributed energy systems in the nearby regions, it should not be subject to disproportionately burdensome procedures and public law obligations, discriminatory network charges and, if necessary, should be exempted from the cost of support systems.
Amendment 335 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].; Member States contributions shall jointly achieve 30% energy efficiency at EU level in 2030 compared to levels from 1 January 2014, in accordance with the procedure pursuant to Article 7(1) points (a) and (b).
Amendment 356 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7– paragraph 1– subparagraph 1– introductory part
Article 7– paragraph 1– subparagraph 1– introductory part
Member States shall achieve cumulative end-use energy savings, calculated with bottom-up approach taking into account industrial production index at least equivalent to:
Amendment 420 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
The sales of energy, by volume, used in transport and in industrial activities listed in Annex I to Directive 2003/87/EC may be partially or fully excluded from these calculations.
Amendment 434 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 451 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Directive 2012/27/EU
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) count energy savings resulting from use, modernisation and new development of industry self-generation including, in particular. high-efficiency cogeneration.
Amendment 474 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shall achieve the required amount of savings under paragraph 1 either by establishing an energy efficiency obligation scheme referred to in Article 7a or by adopting alternative measures referred to in Article 7b. Member States may combine an energy efficiency obligation scheme with alternative policy measures. Member States shall ensure that the energy efficiency obligation scheme referred to in Article 7a or alternative measures referred to in Article 7b do not cause competitive disadvantage of the undertakings obliged to implement measures that improve energy efficiency.
Amendment 486 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2
Article 7a – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may includewith the exception of transport fuel distributors or transport fuel retailers operating in its territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5. Undertakings involved in categories of activities listed in Annex I to Directive 2003/87/EC shall be excluded from the energy efficiency obligation scheme set out in paragraph 1. However, on the voluntary basis such undertakings shall be eligible to participate in the energy efficiency obligation scheme set out in paragraph 1.
Amendment 654 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point b
Annex V – paragraph 2 – point b
(b) savings resulting from the implementation of mandatory Union legislation are considered as savings thaefficiency measures defined by other Union legislation, including, in particular, those stemming from delegated acts adopted with the procedure set would have occurred in any event without the activity of the obligt in Article 75 of the Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated, participating or entrusted parties and/or implementing authorities,ollution prevention and control) that are indeed side-effects of investments made in order to comply with that legislation and thus may not be claimed under paragraph 1 of Article 7, except foras well as savings related to the renovation of existing buildings provided the materiality criterion referred to in part 3(h) is ensured;
Amendment 374 #
2016/0375(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) National plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty. Updates of national plans should however be foreseen once during the ten-year period covered to give Member States the opportunity to adapt to significant changing circumstances. For the plans covering the period from 2021 to 2030, Member States should be able to update their plans by 1 January 2024. Targets, objectives and contributions should only be modified to reflect an increased overchanges in globall ambition in particular as regards the 2030 targets for energy and climatend macroeconomic trends, as well as technological advancement and changing international conditions. As part of the updates, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
Amendment 423 #
2016/0375(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To help ensure coherence between national and Union policies and objectives of the Energy Union, there should be an on-going dialogue between the Commission and the Member States. As appropriate, the Commission should issue recommendations to Member States including on the level of ambition of the draft national plans, on the subsequent implementation of policies and measures of the notified national plans, and on other national policies and measures of relevance for the implementation of the Energy Union. Member States should take utmost account ofconsider taking such recommendations into account and explain in subsequent progress reports how they have been implemented.
Amendment 430 #
2016/0375(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission should, in addition to issuing recommendations, take measures at Union level or Member States should take additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 529 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 1 January 201920 and every ten years thereafter, each Member State shall notify to the Commission an integrated national energy and climate plan. The plans shall contain the elements set out in paragraph 2 and Annex I. The first plan shall cover the period from 2021 to 2030. The following plans shall cover the ten- year period immediately following the end of the period covered by the previous plan.
Amendment 535 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) an overview of the process followed for establishing the integrated national energy and climate plan consisting of an executive summary, a description of the consultation and involvement of stakeholders and their results, and of regional cooperation with other Member States in preparing the plan. Member States shall present to the Commission a stakeholders' engagement plan prior to its execution with a detailed stakeholders' map and clear outline on how stakeholders' opinions and recommendations will be factored in the final version of their integrated national energy and climate plans. The view of stakeholders will have to be taken into account at the stage of updating the plans;
Amendment 622 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i
Article 4 – paragraph 1 – point a – point 2 – point i
i. with a view to achieving the Union's binding target of at least 27% renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], a contribution to this target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with a linearn adequate trajectory for that contribution from 2021 onwards; Or. en (Annex I, part 1.)
Amendment 837 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 1 January 20189 and every ten years thereafter Member States shall prepare and submit to the Commission a draft of the integrated national energy and climate plan referred to in Article 3(1).
Amendment 872 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall take utmost account ofinto consideration any recommendations from the Commission when finalising their integrated national energy and climate plan.
Amendment 910 #
2016/0375(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall, well before submitting their draft integrated national energy and climate plan to the Commission pursuant to Article 9(1), identify opportunities for regional cooperation and consult relevant neighbouring Member States and the other Member States expressing an interest. Member States shall set out in their draft integrated national energy and climate plans the results of such regional consultation, including where applicable how comments have been taken into account.
Amendment 965 #
2016/0375(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall only modify the targets, objectives and contributions set out in the update referred to in paragraph 2 to reflect an increased or maintained ambition as compared to the ones set in the latest notified integrated national energy and climate plan, as well as reflect new factors impacting the achievement of the goals of the Energy Union.
Amendment 993 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall prepare and report to the Commission by 1 January 2020 and every 10 years thereafter their long-term low emission strategies with a 520 years perspective, to contribute to:
Amendment 997 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) achieving long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the Union’s objective, in the context of necessary reductions according to the IPCC by developed countries as a group, to reduce emissions by 80 to 95 % by 2050 compared to 1990 levels in a cost-effective manner.
Amendment 1056 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)
Article 15 – paragraph 2 – point b a (new)
(ba) rate of electrification in Effort Sharing Regulation sectors;
Amendment 1061 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 1231 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union’s gross final consumption on the basis of a linearn adequate trajectory starting from 20% in 2020 and reaching at least 27% in 2030 as referred to in Article 4(a)(2)(i). Or. en (Annex I, part 1.)
Amendment 1325 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 – introductory part
Article 27 – paragraph 4 – subparagraph 1 – introductory part
If, in the area of renewable energy, without prejudice to the measures at Union level set out in paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (2) in the year 2023, that the linear Union trajectory referred to in Article 25(2)Union's target for 2030 for energy and climate is not collectively met, Member States shall ensure by the year 2024 that any emerging gap is covered by additional measures, such as:
Amendment 1352 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 – point b a (new)
Article 27 – paragraph 4 – subparagraph 1 – point b a (new)
Amendment 1362 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 – point c
Article 27 – paragraph 4 – subparagraph 1 – point c
Amendment 1381 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Such measures shall take into account the level of ambition of early contributions to the Union's 2030 target for renewable energy by the Member State concerned and should be consistent with the preferred by the Member State concerned renewable energy generation.
Amendment 1387 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 3
Article 27 – paragraph 4 – subparagraph 3
If a Member State does not maintain the baseline share of energy from renewable sources in its gross final consumption of energy set out in Article 3(3) of [recast of Directive 2009/28/EC as proposed by COM(2016) 767] from 2021 onwards, the Member State concerned shall ensure that any gap to the baseline share is covered by making a financial contribution to the financing platform referred to in point (c) of the first subparagraph. For the purposes of this subparagraph and point (c) of the first subparagraph, Member States may use their revenues from annual emission allowances under Directive 2003/87/EC.
Amendment 1392 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 4
Article 27 – paragraph 4 – subparagraph 4
Amendment 1427 #
2016/0375(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) the Member State shall set out, in its integrated national energy and climate progress report made in the year following the year the recommendation was issued, how it has taken utmost account of the recommendation and how it has implemented or intends to implement it. It shall provide justifications where it deviates from it;recommendation into consideration.
Amendment 91 #
2016/0084(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productszers and Products Improving Nutrition Efficiency (PINE) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance)
Amendment 103 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to facilitate the compliance of the phosphate fertilising products with the requirements of this Regulation and to boost innovation, it is necessary to provide sufficient funding to the relevant technologies, particularly to decadmiation, by means of the financial resources available under Horizon 2020 and other financial instruments. The Commission should annually inform the Council and the European Parliament on how much EU funding has been provided for decadmiation.
Amendment 117 #
2016/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 of 19 November 2008 on waste and repealing certain Directives, a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 121 #
2016/0084(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 129 #
2016/0084(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Fertilising products which are CE marked in accordance with this Regulation should be afforded equal treatment and not unduly discriminated against by rules laid down in other Union legislation. No preferences should be granted to any type of CE marked fertilising products and no derogations should be granted to any fertilising products from generally-applicable EU law, in particular from Directive 91/676/EEC. No incentives should be granted to any type of fertilizing products, to the exclusion of other types, as they are contrary to the concept of parity and equal treatment under EU law.
Amendment 136 #
2016/0084(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When placing a CE marked fertilising product on the market, the importer should indicate on the packaging of the fertilising product his or her name, registered trade name or registered trade mark and the postal address at which he or she can be contacted, as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance.
Amendment 143 #
2016/0084(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effectiir agronomic efficacy has been proven and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 151 #
2016/0084(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) When adopting delegated acts, the Commission should ensure that all fertilizer products will be treated equally with no preference to any types of fertilizers.
Amendment 165 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘f"Fertilising product’zer" means a substance, or a mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere for the purpose of providing plants with nutrient or improving their nutrition efficiency; of substances intended to provide nutrients to the plants.
Amendment 171 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) "Product Improving Nutrition Efficiency (PINE)" means a substance or a mixture of substances, micro-organism or any other material to be applied on plants or their rhizosphere for the purpose of improving their nutrition efficiency.
Amendment 172 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'substance’' means a substance within the meaning of Article 3(1) of Regulation (EC) No 1907/2006; chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
Amendment 179 #
2016/0084(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 190 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Manufacturers shall ensure that procedures are in place for CE marked fertilising products that are part of a series production to remain in conformity with this Regulation. Changes in production method or characteristics of those fertilising products and changes in the harmonised standards, common specifications referred to in Article 13 or other technical specifications by reference to which conformity of a CE marked fertilising product is declared shall be adequately taken into account.
Amendment 207 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 2
Article 6 – paragraph 10 – subparagraph 2
The report shall be submitted at least five days in advance of placing those products on the market. List of competent authorities of Member States shall be provided in Annex Va.
Amendment 213 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before placing a CE marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the CE marked fertilising product is accompanied by the EU declaration of conformity and the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). Where an importer considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not place the fertilising product on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 218 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied without packaging, in a document accompanying the fertilising product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Amendment 223 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Importers shall ensure that the CE marked fertilising product is labelled in accordance with Annex III or, where the CE marked fertilising product is supplied without packaging, that the required information is provided in a documents accompanying the CE fertilising product. The information required under Annex III shall be in a language which can be easily understood by end- users, as determined by the Member State concerned.
Amendment 236 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Before making a CE marked fertilising product available on the market distributors shall verify that it is accompanied by the EU declaration of conformity and by the required documents, that it is labelled in accordance with Annex III in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively. Where the CE marked fertilising product is supplied without packaging, market distributors shall verify that the required information is provided in a documents accompanying the CE marked fertilising product. That information shall also be in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market.
Amendment 240 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not make the fertilising product available on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.
Amendment 249 #
2016/0084(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the paccompanying documents andkaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied in a packaged form, to the packagingwithout packaging, to the documents accompanying the CE marked fertilising product.
Amendment 255 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
In line with circular economy, certain industry by-products or co-products from specific industrial processes are already used by manufacturers as components of CE marked fertilizing products. Requirements related to such component material categories should be laid down in Annex II. Such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC and treated as component material categories. For a transitional period of five years, by- products currently used as components in production of CE-marked fertilizing products, such as ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents should be allowed to be used, until the European Commission can propose the specific conditions for their continued use.
Amendment 258 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complyand has demonstrated agronomic efficacy shall be considered to be a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
Amendment 268 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant life or health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 273 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 284 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 289 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 295 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 296 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 303 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 308 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 309 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 334 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
Amendment 336 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
Amendment 339 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 347 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matterP2O5,
Amendment 348 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 351 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2,5% by mass of total nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of nutrients.
Amendment 356 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3
Annex I – part 2 – PFC 1(A) – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 360 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 360 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2% by mass of total nitrogen (N), or1% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 5% by mass of total sum of primary nutrients.
Amendment 362 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subindent 1
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subindent 1
– organic carbon (C) and C/N ratio;
Amendment 363 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subparagraph 2
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 366 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2,5% by mass of total nitrogen (N), out of which 1% by mass of the CE marked fertilizing product shall be organic nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of primary nutrients.
Amendment 372 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2% by mass of total nitrogen (N), out of which 0,5% by mass of the CE marked fertilizing product shall be organic (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6% by mass of total sum of nutrients.
Amendment 374 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (C)
Annex I – part II – PFC 1 (C)
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
Amendment 378 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 379 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (C) (I) – point 1
Annex I – part II – PFC 1 (C) (I) – point 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
Amendment 382 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
Amendment 383 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 386 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
– 6% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 389 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
– 1from 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 392 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 394 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 397 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
– 35% by mass of total phosphorus pentoxide (P2O5),
Amendment 399 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
– 35% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 401 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
– 1,52% by mass of total magnesium oxide (MgO),
Amendment 403 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
– 1,52% by mass of total calcium oxide (CaO),
Amendment 406 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
– 1,5% by mass of total sulphur trioxide (SO3), or
Amendment 408 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
– 1between 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 411 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
– following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
Amendment 414 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 415 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 417 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
– 3% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 419 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
– 5% by mass of total sulphur trioxide (SO3), or
Amendment 421 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
– 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 423 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 425 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 2 – introductory part
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 427 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
– 1,53% by mass of total nitrogen (N),
Amendment 430 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
– 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 434 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
– 1,54% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 435 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg
Amendment 437 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4
Annex I – part 2 – PFC 1(B) – paragraph 4
4. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 438 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
– 0,754% by mass of total magnesium oxide (MgO),
Amendment 441 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 442 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
– 0,752% by mass of total calcium oxide (CaO),
Amendment 446 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
– 0,75% by mass of total sulphur trioxide (SO3), or
Amendment 450 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
– 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 456 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 3(A) – point 1
Annex I – part II – PFC 3(A) – point 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 460 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C) – paragraph 1
Annex I – part 2 – PFC 1(C) – paragraph 1
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
Amendment 465 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
Amendment 468 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
Amendment 477 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 2 – point 1
Annex II – part II – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, centrifugation, pressing, drying, freeze- dryingsieving, milling, centrifugation, pressing, drying, freeze- drying, buffering, extrusion, frost- treatment, sanitation by using heat, or extraction with water.
Amendment 493 #
2016/0084(COD)
Proposal for a regulation
Annex II – Part II – CMC 8 – point 1
Annex II – Part II – CMC 8 – point 1
1. A CE marked fertilising product may contain a substance or a mixture (including technological additives, for example: anti-caking agents, defoaming agents, anti-dust agents, dyes and rheological agents) intended to improve the fertilising product's nutrient release patterns, only if that substance's or mixture's compliance with the requirements of this Regulation for a product in PFC 5 of Annex I has been demonstrated in accordance with the conformity assessment procedure applicable to such an agronomic additive.
Amendment 495 #
2016/0084(COD)
Proposal for a regulation
Annex II – Part II – CMC 8 – point 3
Annex II – Part II – CMC 8 – point 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) or ammonium (NH4+) and urea (CH4N2O).
Amendment 507 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 11 a (new)
Annex II – part II – CMC 11 a (new)
CMC 11a: OTHER INDUSTRY BY- PRODUCTS 1. A CE marked fertilising product may contain other industry by-products coming from specific industrial processes, which are excluded from CMC 1 and are listed in the table below, under the conditions specified therein: 2. Until [Publications office, please insert the date occurring 5 years after the publication of this regulation in the Official Journal of the European Union] the following currently used industrial by- products are allowed to be used as component materials of CE market fertilizing products: ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents, when obtained as by-products or co-products of specific industrial processes.
Amendment 510 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 2 – point c
Annex III – part 1 – point 2 – point c
(c) IShort instructions for intended use, including intended application rate and intended target plants;
Amendment 513 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1240 mg/kg dry matter,
Amendment 516 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – point 2 – point b
Annex III – part 2 – PFC 1 – point 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
Amendment 518 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point g
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point g
(g) Bbiuret (C2H5N3O2) 12 g/kg dry matter, and(twelve) g/kg
Amendment 521 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 522 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(A) – point 1 – point d – indent 6
Annex III – Part 2 – PFC 1(A) – point 1 – point d – indent 6
– Organic carbon (C); and C/N ratio;
Amendment 523 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 523 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(B) – point 1 – point e
Annex III – Part 2 – PFC 1(B) – point 1 – point e
Amendment 525 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 529 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 6
- 10% by mass of total sulphur trioxide (SO3), or
Amendment 530 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 7
- 1from 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 530 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point a
Annex III – part 2 – PFC1 (C) (I) – point 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K;. The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
Amendment 532 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 534 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 535 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 2
- 35% by mass of total phosphorus pentoxide (P2O5),
Amendment 536 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3
- 35% by mass of total potassium oxide (K2O),
Amendment 536 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point e
Annex III – part 2 – PFC1 (C) (I) – point 1 – point e
Amendment 538 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 539 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 4
- 1,52% by mass of total magnesium oxide (MgO),
Amendment 540 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 5
- 1,52% by mass of total calcium oxide (CaO),
Amendment 541 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 6
- 1,5% by mass of total sulphur trioxide (SO3), or
Amendment 542 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 7
- 1between 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 543 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i-ii) (A) – paragraph 5 – indent 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i-ii) (A) – paragraph 5 – indent 1
- following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
Amendment 544 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
(c) powder, where at least 90% of the product can pass through a sieve with a mesh of 10 mm, or
Amendment 547 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 549 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 550 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 552 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(A)
Annex III – part 3 –PFC 1(A)
Permissible Permissible tolerance for the tolerance for the declared nutrient declared nutrient content and other content and other declared declared parameter parameter Organic carbon ± 2015 % relative (C) deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage point in absolute point in absolute terms terms Dry matter ± 5,0 percentage content point in absolute terms terms Total nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Organic nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total phosphorus ± 150 % relative pentoxide (P2O5) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total potassium ± 150 % relative oxide (K2O) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total and water- ± 25% of the soluble declared content magnesium of those nutrients oxide, calcium up to a maximum oxide, sulphur of 1,5 percentage trioxide or points in absolute sodium oxide terms. Total copper (Cu) ± 50 % relative Total zinc (Zn) ± 50 % relative Quantity - 5 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,5 percentage 2,5 percentage points in absolute points in absolute terms terms Total zinc (Zn) ± 50 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage points in absolute points in absolute terms terms Quantity - 5 % relative deviation of the deviation of the declared value declared value Declared forms Binaries: of nitrogen, maximum phosphorus and tolerance, in potassium absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,5 for the sum of two nutrients. Ternaries: maximum tolerance, in absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,9 for the sum of three nutrients. ± 10 % of the total declared content of each nutrient up to a maximum of 2 percentage points in absolute terms.
Amendment 553 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 7
- 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 555 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(B) – table 1
Annex III – part 3 –PFC 1(B) – table 1
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2 MgO CaO SO3 Na2O O ± 25% of the declared ± 25% of the declared-50% and +100% of the ± 25% of the content of the nutrient forms declared content of those nutrients up declared content up present up to a maximum of nutrients up to a maximum of 1,5 to a maximum of 0,.9 2 percentage point in -2 and +4 percentage points in absolute percentage points in absolute terms for each in absolute terms. absolute terms nutrient separately and for the sum of nutrients
Amendment 556 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 558 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 558 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(B)
Annex III – part 3 –PFC 1(B)
Organic carbon: 20± 15 % relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms Organic nitrogen: 50± 15 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total copper (Cu) ± 50 % relative deviation of the declared value up to a maximum of 2,5 percentage points in absolute terms Total zinc (Zn) ± 50 % relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms
Amendment 559 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
Amendment 560 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I)
Annex III – part 3 – PFC 1(C)(I)
Amendment 561 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 563 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
Amendment 565 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 567 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 4
- 0,754% by mass of total magnesium oxide (MgO),
Amendment 567 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 3
Annex III – part 3 – PFC 3
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter pH ± 0,7 at the time of manufacture ± 1,0± 0,9 at any time in the distribution chain Organic carbon (C) ± 10% relative deviation of the declared value up to a maximum of 1,0 percentage points in absolute terms Total nitrogen (N) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total phosphorus pentoxide (P2O5) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total potassium oxide (K2O) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Dry matter ± 10% relative deviation of the declared value Quantity - 5% relative deviation of the declared value at the time of manufacture - 215% relative deviation of the declared value at any time in the distribution chain Carbon (C) org /Nitrogen (N) org ± 20% relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms Granulometry ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve.
Amendment 568 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 5
- 0,752% by mass of total calcium oxide (CaO),
Amendment 569 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 6
- 0,75% by mass of total sulphur trioxide (SO3), or
Amendment 570 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 7
- 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 570 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 4
Annex III – part 3 – PFC 4
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter Electric conductivity ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain pH ± 0,7 at the time of manufacture ± 1,0 ± 0,9 at any time in the distribution chain Quantity by volume (litres or m³) - 5% relative deviation at the time of manufacture - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of - 5% relative deviation at the time of materials with particle size greater than 60 manufacture mm mm - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of pre- - 5% relative deviation at the time of shaped GM manufacture - 215% relative deviation at any time in the distribution chain Water-soluble nitrogen (N) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble phosphorus pentoxide ± 50% relative deviation at the time of (P2O5) manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble potassium oxide (K2O) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain
Amendment 575 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point b
Annex IV – part 2 – module A – point 2.2 – point b
Amendment 578 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point c
Annex IV – part 2 – module A – point 2.2 – point c
Amendment 580 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 583 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
Amendment 589 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a
(a) Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 592 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(b a) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 608 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3
Annex I – part 2 – PFC 4 – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 610 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 730 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) or ammonium (NH4+) and urea (CH4N2O).
Amendment 780 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
Amendment 786 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P205, – minimum level 75% of total P205, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P205.
Amendment 799 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point e
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point e
Amendment 800 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point e
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point e
Amendment 838 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Amendment 841 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
Amendment 42 #
2016/0070(COD)
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..
Amendment 43 #
2016/0070(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 51 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 65 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 111 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months andshall ensure that undertakings posting workers to their territory guarantee the posted workers additional rights, beside the terms and condition of employment to which they are entitled according to paragraph 1. This should apply from the first day subsequent to the 24 months when it effectively exceeds this duration, unless two Member States concerned agree on derogation. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I RegulationIn order to take into account characteristics of various sectors, the 24 months should be calculated within the reference period of 36 months. For the purpose of calculating the posting period the concept of "the same task at the same place" is also clearly defined and should be determined taking also into consideration the nature of the service provided and the work to be performed.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
Amendment 141 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 158 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 190 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 204 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 230 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers’ rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 258 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."
Amendment 289 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting of an individual worker exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried ouensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down by: – law, regulation or administrative provision, and/ or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to work periods and rest periods, in addition to paragraph 1(a); (b) other mandatory rules relating to leave and holidays, in addition to paragraph 1(b); (c) other mandatory rules in addition to paragraph 1 (c); (d) rules on parental and paternal leave. The duration of posting of an individual worker shall be calculated within the reference period of 36 months, with a possibility to refrain from the application of paragraph 1 following an agreement with regards to concrete cases between competent authorities from the two Member States concerned. When a period of two months has elapsed from the date of expiry of the previous posting period, the calculation shall restart.
Amendment 323 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workerscalculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 365 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 392 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 412 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 420 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 b (new)
Article 3 – paragraph 1 – subparagraph 2 b (new)
Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 c (new)
Article 3 – paragraph 1 – subparagraph 2 c (new)
Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 425 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 444 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
Amendment 453 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 337 #
2015/2353(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Stresses that the rigid structure of the Union budget deprives the budgetary authority of the possibility of reacting adequately to changing circumstances; calls, therefore, for greater flexibility in the next MFF, in particular through more flexibility between headings andin the form of flexibility of unspent margins and between years with the aim of fully exploiting the MFF ceilings;
Amendment 84 #
2015/2344(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, following real convergence in the run-up to the introduction of the common currency, the euro area witnessed structural divergence between 1999 and 2009, which made the euro area as a whole less resilient to shock the lack of necessary fiscal discipline, weak compliance with, and weak enforcement of, EU fiscal rules have led to excessive borrowing and sovereign debt crisis in some Member States; whereas regulatory adjustments and structural reforms aimed at reducing risks and improvimproving compliance and enhancing convergence have been introduced since 2009 at both European and national level, but some euro area Member States still require solidarity and sustainable reforms in their catching- up process;
Amendment 243 #
2015/2344(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. RecallNotes that in 2012 the Commission introduced in its ‘Blueprint for a deep and genuine EMU’ the idea of a Convergence and Competitiveness instrument for euro area Member States, whereby euro area Member States could get financial support for ‘reform packages that are agreed and important both for the Member States and for the good functioning of the euro area’, and that this financial support ‘could be set up in principle as part of the EU budget’ and be established by secondary law on the basis of Article 352 TFEU and financed by either a commitment on the part of the euro area Member States or a legal obligation to that effect enshrined in the EU’s own resources legislation as ‘assigned revenues’; considers the review by the Commission of the European Semester, including the Structural Reform Support Programme (SRSP), as a follow-up to this approach; however, points out in this context to the serious risk of moral hazard and to potentially distorted incentives, in fact encouraging Member States to wait with necessary reforms until financial support from the EU is secured; therefore, if this idea is to be implemented, strong safeguards against potential moral hazard need to be included;
Amendment 300 #
2015/2344(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that incentives for sound fiscal policymaking and for addressing structural weaknesses at national level, taking into account the aggregate euro area fiscal stance, are core elements for the functioning of the euro area; considers that a fiscal capacity should, moreover, address specific concerns for the euro area in be an instrument of last resort, and be activated only in case of large asymmetric shocks theat case of absorbing shocksnnot be fully absorbed by responsible national fiscal policy;
Amendment 520 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 1
Paragraph 26 – indent 1
Amendment 530 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 2
Paragraph 26 – indent 2
Amendment 748 #
2015/2344(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out that if the fiscal capacity has to be of significant size in orderis to be able to address these euro-area-wide shocks and to finance its functions, it has to be of significant size; insists that in order to provide sufficient financial resources, the euro area fiscal capacity, including the EMF, should be able to increase the issuance of equitiesdebt via a rise in guarantees; considers that these commonly issued equitiesdebt should have the highest credit rate;
Amendment 83 #
2015/2113(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the Energy Union reflects multiple calls of the European Parliament to establish a true pan-European Energy Community, based on a strong common energy market, coordination of energy purchasing outside of the EU and common European funding of research and innovation in the area of new sustainable energy technologies;
Amendment 92 #
2015/2113(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Energy Community is an instrument to expand internal energy market to EU's neighbourhood countries, thus contributing to the creation of a pan- European energy space based on common principles and the rule of law;
Amendment 166 #
2015/2113(INI)
Motion for a resolution
Recital P
Recital P
P. whereas 30 million European jobs are at risk owing to the US shale gas boom, as energy-intensive industries move operations to the US, where energy costs are far lower and where regulation of greenhouse gas emissions is less restrictive;
Amendment 297 #
2015/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that well-developed and fully integrated infrastructure allowing for enhanced diversification of supplies and cross-border flows is vital for ensuring security of supply both in normal and emergency conditions and for delivering energy from competitive sources to consumers across the European Union and Energy Community;
Amendment 349 #
2015/2113(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to support those EU Member States and on the Energy Community Secretariat to support those Energy Community Contracting Parties that wish to negotiate energy contracts on a voluntary basis by introducing a common negotiating mechanism, and stresses that the functioning of such a mechanism must be subject to compliance with the EU internal market acquis and with EU competition and World Trade Organisation rules;
Amendment 360 #
2015/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that greater transparency of intergovernmental agreements could be achieved by strengthening the role of the Commission in energy-related negotiations involving one or more Member States and third countries, including by having the Commission participate in those negotiations if there is a risk of abuse of a dominant position by one supplier; notes that furthermore the Commission should carry out ex-ante and ex-post assessments and draw up both a positive and a negative list of agreement clauses, such as export ban and, destination clauses, take-or-pay clauses and oil indexation of gas pricing;
Amendment 388 #
2015/2113(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to prepare draft contract templates and guidelines including an indicative list of abusive clauses in order to create a reference for competent authorities and companies in their contracting activities; furthermore calls on the Commission to publish quarterly assessments of the average import prices;
Amendment 493 #
2015/2113(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission, and in particular DG TRADE, to comaintainue to press for a dedicated the goal of dedicating a separate energy chapter within the Transatlantic Trade and Investment Partnership (TTIP), with a view to removing US export restrictions on both crude oil and liquefied natural gas (LNG) and eliminating protectionist measures;
Amendment 497 #
2015/2113(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that a strengthened Energy Community should be the pivotal arm of the EU's external energy policy and invites the Commission to come forward with concrete proposals based on the report of the High-Level Reflection Group for the reform of the Energy Community;
Amendment 516 #
2015/2113(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the future Energy Union must establish a free flow of energy across EU and Energy Community countries as the fifth European freedom alongside free movement of people, goods, capital and services;
Amendment 647 #
2015/2113(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States and the Commission as well as the Energy Community Contracting Parties and the Energy Community Secretariat to concentrate their efforts on driving projects of common interest (PCIs) and projects of the Energy Community interest (PECIs) forward, with a view to achieving a pan- European ‘super grid' with the capacity to transmit power across EU countriesurope from multiple sources and therefore capable of diverting energy from surplus to deficit areas, thereby allowing the market to instantly respond to interruptions of supply wherever they occur;
Amendment 662 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses the importance of ensuring a sound, stable and predictable regulatory framework which will enable long-term commitments and which is necessary to deliver new investments in energy infrastructure;
Amendment 675 #
2015/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports regional approaches where there are particular regional challenges or opportunities, or where acting regionally could speed up market integration, including through the creationfurther development of regional hubs to enhance market liquidity, primarily in the CEE region; recognises the important role of power exchanges in fostering liquid, transparent and secure energy trading;
Amendment 191 #
2015/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market. As the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union legislation and policies, it is appropriate to continue to exempt them from the scope of this Regulation. This exemption includes means of transport whose motor stays in the same location during operation, such as elevators, escalators and conveyor belts.
Amendment 195 #
2015/0149(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is appropriate to exempt second hand products from this Regulation, which includes all those products that have been put into service before being made available on the market for a second or additional time.
Amendment 205 #
2015/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors.
Amendment 210 #
2015/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumptionefficiency of energy-related products. It should be supplemented with a product information sheet, which may be made available electronically. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes 'F' or 'G', those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes.
Amendment 229 #
2015/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and in advertisements and technical promotional material, potential customers should be provided at least with the energy class of the product. Technical promotional material does not include advertisements in billboards, magazines and newspapers, radio or television broadcasting and similar online formats.
Amendment 238 #
2015/0149(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label shouldmay have an empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframmaking the newly introduced label easily distinguishable from the old label by its visual appearance.
Amendment 251 #
2015/0149(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 262 #
2015/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively. Such cooperation, in particular in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.
Amendment 269 #
2015/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 293 #
2015/0149(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) TBased on the scope of this regulation, the Commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established. The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. This analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy-related product, such as , upon which the Council and the European Parliament should be continuously formally informed by the Commission, should be implemented starting witsh absolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy technical, environmental and economic analysis of the product groups concerned. Such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers.
Amendment 300 #
2015/0149(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 304 #
2015/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down a framework on the indication by labelling and standard product information of the consumption of energyenergy- efficiency of energy-related products and other resources consumption of energy by energy- related products during use and supplementary information concerning energy-related products in order to allow customers to choose more efficient products.
Amendment 321 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays products to customersis the natural or legal person in the supply chain, other than the manufacturer or importer, who makes an energy-related product available on the market;
Amendment 329 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’' means any good or system or service withhaving an impact on energy consumption during use, which is placed on the market and/or put into service in the Union, including parts intended to be incorporated into energy-related products covered by this regulation which are placed on the market and/or put into service as individual parts for customers and of which the environmental performance can be assessed independently;
Amendment 344 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram, in printed or electronic form, including a classification using letters from A to G in seven different colours from dark green to red in order to show energy efficiency and consumption of energy;
Amendment 350 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'Rescale' means a periodicn exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
Amendment 362 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'Supplementary information' means information on the functional and environmental performance of an energy- related product, such as its absolute energy consumption or durability, which is based on data that are measurable and verifiable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 365 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'capital good' means any good which is not intended for consumers or not likely, under reasonably foreseeable conditions, to be used by consumers;
Amendment 374 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they shall ensure that products placed on the market are providsupplied, free of charge, with accurate printed labels and make available product information sheets, printed or electronically, for each unit in accordance with this Regulation and the relevant delegated acts; delegated acts may provide that the label is printed on the packaging of the product. For product groups where the product consists of several parts or components and the energy efficiency is function of such components, suppliers shall provide labels, free of charge, to dealers at the moment of display.
Amendment 385 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) they shall ensure the accuracy of the labels they provide and product information sheets that they providmake available and produce technical documentation sufficient to enable the accuracy to be assessed by market surveillance authorities;
Amendment 395 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 404 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, directly on the appliance or in its immediate proximity, the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 413 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label, request the label or a rescaled label from the supplier;
Amendment 414 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
Amendment 418 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
Amendment 426 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii
Article 3 – paragraph 2 – point b – point iii
Amendment 434 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;
Amendment 456 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at least at the highest occupied classes of energy efficiency laid down in the applicable delegated act.
Amendment 460 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers. These activities should be coordinated by the European Commission.
Amendment 469 #
2015/0149(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or external border controls in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) and between such authorities and the Commission.
Amendment 486 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that an energy- related product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall carry outdoes not comply with the requirements of the delegated act and therefore presents a risk to aspects of public interest protection, they shall carry out, in accordance with regulation 765/2008/EU, an evaluation in relation to the energy-related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 502 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where tThe market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 521 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 529 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when, based on studies on future technical evolution, that a label is only introduced or rescaled, the requirements are laid down so that no products are expected to f when technological progress makes this necessary and shall in genergy classes A or B at the moment of the introduction of the label and so that theally aim for a validity of at least ten years for the introduced or rescaled label. It shall review the label once it estimateds time within which a majority of modelhat 40 percent of the products sold within the Union markets falls into those classes shall be at least ten years latere top energy class and further technological development can be expected soon.
Amendment 550 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallywhen it estimates that 40 % of products sold fall into energy class A and, based upon studies on future potential technical evolution, further technological development can be expected soon.
Amendment 562 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 584 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The design of the rescaled label shall differ visibly from its predecessor. The European Commission shall ensure the development of communication and information campaigns to be rolled out by Member States in accordance with Article 4.4.
Amendment 599 #
2015/0149(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 624 #
2015/0149(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
In the conduct of its activities under this Regulation the Commission shall ensure in respect of each delegated act, a balanced participation of Member States’ representatives (including market surveillance authorities) and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. For this purpose, the Commission shall establish a Consultation Forum in which these parties shall met. This Consultation Forum may be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC.
Amendment 632 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of energy-related products ('specific product groups') in accordance with Article 13.
Amendment 633 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for saving energy and where relevant, other resourcesused by consumers using products belonging to the product group in the European Union;
Amendment 636 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a
Article 12 – paragraph 3 – subparagraph 1 – point a
(a) the definition of the specific product groups falling under the definition of 'energy-relatedwhich energy-related products, belonging to a product' group set out in Article 2(11) which are to be covered;
Amendment 638 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
(b) the design and content of the label, including a scale showing consumption of energy consisting of A to Genergy efficiency based on an A to G classification, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible; Further differentiation in the A-G scale shall be considered for a product group if this would be necessary to achieve sufficient differentiation of energy efficiency and functioning of the energy label;
Amendment 650 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point i
Article 12 – paragraph 3 – subparagraph 1 – point i
Amendment 657 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j
Article 12 – paragraph 3 – subparagraph 1 – point j
(j) the specific indication of the energy class to be included in advertisements and technical promotional material, including requirements for this to be in a legible and visible form;
Amendment 667 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 5
Article 12 – paragraph 3 – subparagraph 5
Amendment 672 #
2015/0149(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Directive 2010/30/EU is repealed with effect from 1 January 20178.
Amendment 673 #
2015/0149(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
It shall apply from 1 January 20178.
Amendment 676 #
2015/0149(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 187 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87
Article 9
Article 9
Amendment 531 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Option for transitional free allocation for the modernisation of the energy sector
Amendment 550 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productiongenerators for the modernisation of the energy sector.
Amendment 552 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
1a. Member States shall be allowed to choose the most preferable free allowances allocation method in line with the following options: (a) investments shall be selected through a competitive bidding process, or (b) through the National Investment Plans allocation which should be based on criteria and rules referred to in paragraph 2a (new), or (c) a combination of both methods mentioned above. Any Member State that is allowed to allocate allowances on the basis of this Article shall, by 31 December 2017, submit to the Commission an application containing the proposed allocation methodology.
Amendment 553 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
2. The Member State concerned shall organise a competitive bidding process for projects with a total amount of investment exceeding €10 million to select the investments to be financed with free allocation. This competitive bidding process referred to 1a(a) shall:
Amendment 558 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87
Article 10 c – paragraph 2 – point a
Article 10 c – paragraph 2 – point a
(a) comply with the principles of transparency, non-discrimination, equal treatment, technological neutrality and sound financial management;
Amendment 564 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – point b
Article 10 c – paragraph 2 – point b
(b) ensure that only projects which contribute to at least one of the requirements: the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production, transmission and distribution sectors are eligible to bid;
Amendment 571 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – point c
Article 10 c – paragraph 2 – point c
(c) define clear, objective, transparent and non-discriminatory selection criteria for the ranking of projects, so as to ensure that projects are selected which:.
Amendment 572 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
Amendment 578 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
Amendment 582 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
Amendment 583 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – Paragraph 2
Article 10 c – Paragraph 2
By 30 June 2019, any Member State intending to make use of optional free allocation in line with the method mentioned in the paragraph 1a (a) shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment.
Amendment 587 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
Amendment 595 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 a (new)
Article 10 c – paragraph 2 a (new)
2a. The eligible Member States intending to make use of optional free allocation via the National Investment Plans referred to 1a(b) shall select investments based on criteria and rules referred to in 2(b). Investments undertaken since 24 October 2014 meaning that have obtained all relevant corporate decisions may be counted for this purpose. The method of this selection process and the final results shall be published for public comment. On this basis, the Member State concerned choosing a method referred to in this paragraph shall establish and submit a list of investments, to the Commission by 30 September 2019. The Commission shall assess the list of investments by 31 March 2020. Within 9 months from the receipt of the list of investments, the Commission may request additional information concerning individual projects. The lack of decision by the Commission within the abovementioned period date means approval of the list of investments as submitted. The list of investments selected under the method referred to in this paragraph may be updated in 2023 and 2027, and submitted to the Commission. This paragraph should be applied respectively.
Amendment 601 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 4
Article 10 c – paragraph 4
4. Transitional fFree allocations shall be deducted from the quantity of allowances that the Member State would otherwise auction. The total free allocation shall be no more than 40% of the allowances which the Member State concerned receives in the period 2021-30 pursuant to Article 10(2)(a) spread out in equal annual volumes over the period from 2021-30. Subject to the principle that free allocation that is not covered by the necessary expenditure in any given year shall be carried over and claimed during following years of the 2021-30 period when appropriate expenditure is incurred. Other ways of distributing the total number of allowances dedicated for the free allocation over the period 2021-30 are allowed provided that they are duly justified.
Amendment 605 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 5
Article 10 c – paragraph 5
5. AFree allocations to operators shall be madeallowed upon demonstration that an investment selected according to the rules of the competitive bidding procesof incurred expenditure, at the level of a capital group. The free allocations to individual electricity generators for period 2021-30 shall be determined and published by each of the Member States concerned by 30 September 2019. The allocations along with the list of electricity generators should be updated in 2023 and 2027. The updated list of electricity generators shasll been carried out submitted to the Commission by 1 January 2024 and 2028 respectively.
Amendment 609 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 6
Article 10 c – paragraph 6
6. Member States shall require benefiting electricity genoperators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall report annually by 31 March on this to the Commission on the balance of free allocation and investment expenditure incurred, and the Commission shall make such reports public.
Amendment 614 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 6 a (new)
Article 10 c – paragraph 6 a (new)
6a. The eligible Member States shall be allowed to transfer unused allowances allocated under the paragraph 1a to the Modernisation Fund as well as for auctioning.
Amendment 628 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – point 1
Article 10 d – point 1
The investments supported shall be consistent with the aims of this Directive and the European Fund for Strategic Investments.
Amendment 643 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – point 2
Article 10 d – point 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investment boardeligible Member States shall develop national guidelines and investment selection criteria specific to such projects. in line with the guidance elaborated by an advisory board referred to in paragraph 4.
Amendment 654 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 3
Article 10 d – paragraph 3
3. In consultation with beneficiary Member State, the EIB is responsible for monetisation of all allowances referred to this article. The funds shall be distributed based on a combination of a 50% share of verified emissions and a 50% share of GDP criteria, leading to the distribution set out in Annex IIb.
Amendment 658 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – point 4
Article 10 d – point 4
Amendment 672 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
Amendment 679 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
Amendment 689 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
Amendment 702 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 5
Article 10 d – paragraph 5
5. The beneficiary Member States shall report annually to the management committeeCommission on investments financed by the fund. The report shall be made public and include:
Amendment 706 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 6
Article 10 d – paragraph 6
6. Each year, the management committebeneficiary Member State shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management committebeneficiary Member State.
Amendment 714 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 7
Article 10 d – paragraph 7
7. The Commission shall be empowered to adopt a delegatedimplementing act in accordance with Article 232a to implement this Article."
Amendment 691 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Definitions For the purposes of this Regulation, the following definitions apply: 'national promotional banks or institutions' means legal entities carrying out financial activities on a professional basis which are conferred a mandate by a Member State, whether central, regional or local level, to carry out public development or promotional activities;
Amendment 983 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) expansion of renewable energy and energy and resource efficiencydevelopment and modernisation of the energy sector, including the development of indigenous energy sources;
Amendment 97 #
2014/2153(INI)
Motion for a resolution
Recital M
Recital M
M. whereas betterthe development of interconnection levelnetworks for electricity, gas and gasoil will increase energy security while balancing supply and demand between the Member States;
Amendment 393 #
2014/2153(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that indigenous sources of energy, including gas from unconventional sources and other mineral sources of energy, should be exploited at the earliest opportunity using the best available technologies;
Amendment 395 #
2014/2153(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Takes the view that the exploitation of existing coal reserves could be of interest in increasing energy security in the EU; emphasises the need to develop clean coal technology;
Amendment 417 #
2014/2153(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes the view that existing nuclear facilities and radioactive waste dumps could become targets for terrorist attacks, causing enormous damage; calls on the Member States to ensure the highest level of security and protection for such sites;
Amendment 817 #
2014/2153(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50a. Emphasises the need to draw up emergency situation plans for energy supplies, taking into account the ex ante assessment of the risks involved and of preventive actions; takes the view that the current interconnection system does not make it possible to react effectively to crises throughout the EU;
Amendment 3 #
2014/0332(NLE)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the letter from the Committee on Budgetary Control,
Amendment 7 #
2014/0332(NLE)
Motion for a resolution
Recital C
Recital C
C. Whereas, until 30 November 2014, allas a general rule, Member States have paid in the past without significant delay the full amounts of their GNI and VAT based contributions to the Union budgetadjustments, even in times of crisis and severe fiscal strain;
Amendment 11 #
2014/0332(NLE)
Motion for a resolution
Recital E
Recital E
E. Whereas the Council found a majority to called on the Commission to present a proposal to accommodate that situation, by changing the concerned rules and allowing the deferral and payment by instalments of amounts due;
Amendment 12 #
2014/0332(NLE)
Motion for a resolution
Recital F
Recital F
F. Whereas the Commission decided to present a legislative proposal as requested b, in accordance with the on- going legislative revision, seven Member States decided not to enter in the EU account their respective GNI and VAT balances on the first working day of December 2014; whereas the Commission revised subsequently the Camouncil, thereby making its DAB 6/2014 proposal to alleviate the burden on national budgets null and voidts entered initially in the DAB 6/2014, taking into account the amounts effectively made available on this date;
Amendment 14 #
2014/0332(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned by the proposed larger discretion left to Member States as to the timing of their additional contributions resulting from GNI adjustments to the Union budget; stresses that this would creates a precedent that could have an impact on the Commission's treasury, the timing of payments to the beneficiaries of the Union budget and, ultimately, the credibility of the Union's budget;
Amendment 199 #
2013/0402(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall ensure that actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least one year but not more than twohree years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action.
Amendment 1 #
2008/2026(BUD)
Motion for a resolution
Recital F
Recital F
F. whereas a conciliation meeting between these delegations took place on xx30 September, prior to the votes in the Budgets Committee and in the plenary,
Amendment 10 #
2008/2026(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that significant developments aimed at assisting Members in the exercise of their mandate, particularly their legislative duties, have been achieved; points to the positive evaluation of the first phase of a new analytical briefing service in the library and, also, the positive appraisal for further development of a fully fledged knowledge management system;
Amendment 11 #
2008/2026(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the positive results of the Conciliation meeting between the Bureau and the Budgets Committee on 30 September 2008 and the constructive nature of this meeting; can, based on its previous resolutions and further analysis of the Estimates and Amending Letter, largely endorse the modifications to the Establishment Plan proposed by the Bureau; is not in a position, however, to fully approve all proposals and has therefore decided to maintain a limited number of posts in reserve pending clarifications;
Amendment 14 #
2008/2026(BUD)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is satisfied that the current proposals will contribute positively to enhancing the Parliament's law-making capacities, including with regard to the issue of comitology, as also presented in a recent report, for follow-up, to its Budgets Committee, but still considers it necessary to focus scarce resources even more towards areas directly linked to Members' work in parliamentary committees and legislation; has therefore decided to maintain a 10% share of the additional posts requested, and related appropriations, in the reserve;
Amendment 16 #
2008/2026(BUD)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. While being fully committed to a speedy launch of the Visitor's Centre, stresses that, following the Conciliation, some further work is still needed to arrive at a satisfactory and cost-effective solution; notes that the two delegations could not reach full agreement on this point and, in consequence, decides to partially approve the requests at this stage, while being fully prepared to revisit this issue as soon as possible and after the necessary information has been provided;
Amendment 18 #
2008/2026(BUD)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that it has decided to provide significant additional amounts, in the region of EUR 6,5 million, in order to boost information activities carried out in the Member States as part of its strategy and action plan for the 2009 European elections;
Amendment 19 #
2008/2026(BUD)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Stresses that the budgetary provisions have now been put in place in order to facilitate the introduction of a new "Regime" for Members' parliamentary assistants and warmly welcomes the work currently being done in order to reach a final agreement on this issue before the end of the year;
Amendment 24 #
2008/2026(BUD)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that a clearer medium to long-term vision for buildings, including planning measures, would likely be beneficial for controlling costs; calls on its Bureau to continue efforts in this regard; asks to receive a final report on the financial, administrative and legal implications related to the issue of asbestos and, as well, to the ceiling repair works necessary in Strasbourg;
Amendment 4 #
2008/2022(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the commitment of the Secretary- General to present before the first reading an analytical and user-friendly establishment plan assessing the allocarepartition and use of human resources in the EParliament's secretariat, including a state- of-play concerning redeployment; considers that this should include changes within and between DGs and an outlook in over the past two years, and the outlook for the next years to come, in view of reinforcing core legislative activities and services to Mmembers; is of the opinion that information concerning non-officials should be provided in order to allow full comprehension of the needs in terms of staff;
Amendment 1 #
2008/2021(BUD)
Motion for a resolution
Recital C
Recital C
C. whereas, following the adjustment of the multi-annual financial framework (MFF) in connection with the Galileo programme, the ceiling of heading 5 in 2009 is EUR 7 699777 000 0001, representing an increase of 4, 3 % compared to 2008,
Amendment 6 #
2008/2021(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that all efforts should be made to fully assist Members to fulfil their responsibilities in this new context and that the appropriate structures and facilities must be put in place, including adequate and easily accessible meeting facilities for individual Members; underlines that such changes are not new to the Parliament and that growing co-decision powers have been smoothly integrated into its structures following previous treaty changes;