BETA

330 Amendments of Anne LAPERROUZE

Amendment 15 #

2009/0010(COD)

Proposal for a regulation
Recital 6
(6) To have a tangible and substantial impact, this investment should be focussed on a few specific sectors. These should be sectors in which: (a) the action will make a clear contribution to the objectives of security of energy supply and the reduction of greenhouse gas emissions; (b) there exist large, mature projects capable of making efficient and effective use of significant amounts of financial assistance and of catalysing significant amounts of investment from other sources, including the European Investment Bank; and (c) action at European level can add value. The sectors of gas and electricity interconnections; offshore wind energy; and carbon capture and storage fulfil these criteria(ba) the long-term projects are planned to start before the end of 2010; and (c) action at European level can add value.
2009/03/16
Committee: ITRE
Amendment 31 #

2009/0010(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) Cities have a huge potential, will and capacity to deliver sustainable development that will lead to both short- term stimulation and longer term restructuring of the EU's economy, as demonstrated by the Covenant of Mayors initiative. Cities should be encouraged to achieve and surpass the EU energy and climate targets; the EEPR should therefore place cities and energy efficiency at its centre, through the 'smart cities' project.
2009/03/16
Committee: ITRE
Amendment 40 #

2009/0010(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) Before 30 June 2009, the Commission should put before the European Parliament a proposal improving the operation of the three European Structural Funds, especially for SMEs, through, inter alia, a shortening of the time period before payment from the funds and the possibility to receive contributions from the funds in advance.
2009/03/16
Committee: ITRE
Amendment 45 #

2009/0010(COD)

Proposal for a regulation
Article 1 – paragraph 2
It establishes sub-programmes to advance those objectives in the fields of: (a) gas and electricity interconnections; (b) offshore wind energy; and (c) carbon capture and storage; (ca) energy efficiency, including smart cities; and (cb) other renewable energy.
2009/03/16
Committee: ITRE
Amendment 48 #

2009/0010(COD)

Proposal for a regulation
Article 1 – paragraph 3
It identifindicates projects to be financed under each sub-programme and lays down criteria for identifying and implementing actions to realise these projects.
2009/03/16
Committee: ITRE
Amendment 52 #

2009/0010(COD)

Proposal for a regulation
Article 2 – point f a (new)
(fa) 'smart cities' means cities which commit to energy efficiency and renewable energy, notably in the building and transport sectors, and which coordinate at EU level notably through networks such as the Covenant of Mayors;
2009/03/16
Committee: ITRE
Amendment 67 #

2009/0010(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. The financial envelope earmarked for projects in the Annex that do not meet the eligibility criteria in Articles 8, 14 and 19 shall immediately be redistributed to energy efficiency projects, including smart cities, and other renewable energy projects, referred to points (ca) and (cb) of Article 1, which meet the eligibility criteria set out in Article 23a.
2009/03/16
Committee: ITRE
Amendment 78 #

2009/0010(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
(-a) for long-term projects planned to start before the end of 2010;
2009/03/16
Committee: ITRE
Amendment 89 #

2009/0010(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point a
(a) the project timetable shall include substantial capital expenditure in 2009 andis a long-term project planned to start before the end of 2010;
2009/03/16
Committee: ITRE
Amendment 99 #

2009/0010(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) projects shall demonstrate that they have the ability to capture at least 85% of CO2 in power generating installations that will have at least 30250 MW electrical output or equivalent and the ability to transport and geologically store this CO2 safely underground;
2009/03/16
Committee: ITRE
Amendment 103 #

2009/0010(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) the project timetable shall include substantial capital expenditure in 2009 andis a long term project planned to start before the end of 2010.
2009/03/16
Committee: ITRE
Amendment 118 #

2009/0010(COD)

Proposal for a regulation
Article 21
EEPR assistance shall contribute to the cost of those elements of the investment phase of the project that are only attributable to carbon capture and storage, taking account of possible operating benefits. It shall not exceed 850% of total eligible investment costs.
2009/03/16
Committee: ITRE
Amendment 135 #

2009/0010(COD)

Proposal for a regulation
Article 23 a (new)
Article 23a Eligibility and selection criteria for other renewable energy and smart cities projects Proposals that are financed under the conditions of paragraph 2 of Article 3 shall be eligible for EEPR assistance if they fulfil the following conditions: - they are submitted by one or more EU city(ies); - they are planned to start before the end of 2011; - they aim to improve energy efficiency and promote other renewable energy, notably in buildings and transport sectors, which leads to both short-term stimulation and longer term restructuring of the EU's economy.
2009/03/16
Committee: ITRE
Amendment 139 #

2009/0010(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
(ca) for smart cities by the Covenant of Mayors.
2009/03/16
Committee: ITRE
Amendment 10 #

2008/2239(INI)

Motion for a resolution
Recital A
A. whereas any European energy policy must pursue three main objectives in an integral and concomitant manner, namely security of supply and solidarity among Member States, limitation of climate change, and economic growthcompetitiveness,
2008/12/18
Committee: ITRE
Amendment 22 #

2008/2239(INI)

Motion for a resolution
Recital D
D. whereas from 2030, in order to alleviate the major risk of world energyfossil fuel shortages, the EU will have to have developed and programmed new, competitive, low CO2 energy technologies,
2008/12/18
Committee: ITRE
Amendment 23 #

2008/2239(INI)

Motion for a resolution
Recital D a (new)
Da. whereas Europe urgently needs to develop major network investments and to complete the internal energy market, some forward looking initiatives, such as the European transmission system operator and the establishment of a single European gas grid, should be encouraged,
2008/12/18
Committee: ITRE
Amendment 39 #

2008/2239(INI)

Motion for a resolution
Paragraph 2
2. Reaffirms the threefold objective set for 2020 of reducing greenhouse gas emissions by 20%, achieving energy savings of 20% and attaining a 20% share for renewables in primary energy consumption; calls on Member States to consider a reduction of 50 to 80% in greenhouse gas emissions by 2050; calls on the Commission to draw up possible energy scenarios, in consultation with all the stakeholders, illustrating ways in which these objectives may be reached and setting out the underlying technical and economic hypotheses;
2008/12/18
Committee: ITRE
Amendment 45 #

2008/2239(INI)

Motion for a resolution
Paragraph 2
2. Reaffirms the threefold objective set for 2020 of reducing greenhouse gas emissions by 20%, achieving energy savings of 20% and attaining a 20% share for renewables in primaryfinal energy consumption; calls on Member States to consider a reduction of 50 to 80% in greenhouse gas emissions by 2050;
2008/12/18
Committee: ITRE
Amendment 64 #

2008/2239(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Believes that an appropriate European energy policy must be founded on a balanced energy mix based on the use of non-carbon energy and the lowest emitting fossil fuels and on new technologies which drastically reduce emissions of greenhouse gases from solid fossil fuels;
2008/12/18
Committee: ITRE
Amendment 120 #

2008/2239(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Believes that oil refining capacity represents an important additional factor in ensuring EU energy security; it is therefore important to improve the level of transparency of the demand-supply balance for refining capacity necessary to serve the EU's needs, in particular taking account of concerns regarding the potential available of diesel fuel in the future;
2008/12/18
Committee: ITRE
Amendment 126 #

2008/2239(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Advocates the development of a promotion and financing strategy for infrastructure such as heating and cooling networks using local resources such as geothermal energy, cogenerated heat, etc.;
2008/12/18
Committee: ITRE
Amendment 138 #

2008/2239(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Asks Member States and the Commission to develop major network investments and to complete the internal energy market through some forward looking initiatives such as the European transmission system operator and the establishment of a single European gas grid;
2008/12/18
Committee: ITRE
Amendment 149 #

2008/2239(INI)

Motion for a resolution
Paragraph 12
12. Calls on Member States to cooperate to draw up a European strategic plan with a view to multiannual programming of the investment necessary to meet future electricity generation needs on the basis of medium-term projections of energy requirements; believes that an indicative multiannual plan should also be envisaged in the gas sector to provide an overall view of investment requirements at European level;
2008/12/18
Committee: ITRE
Amendment 187 #

2008/2239(INI)

Motion for a resolution
Paragraph 16
16. Advocates an approach geared to conciliation in the dialogue with Russia, which supplies 42% of the EU's gas, as well as 100% of the gas imported by Poland, Finland and the Baltic States and over 30% of crude oil imports to the EU and 15% of distillate product demand in the EU; notes that relations between the EU and Russia are based on interdependence and that, in the continuation of the negotiations, the EU should refrain from demanding ratification of the Energy Charter, while reminding the Russian authorities of their endorsement of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Sea;
2008/12/18
Committee: ITRE
Amendment 223 #

2008/2239(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Endorses the measures to promote energy efficiency and renewable energies, such as the financing programmes which fall under the cohesion policy or green taxation, or the contribution by the ‘Covenant of Mayors’ towards the dissemination of best practices;
2008/12/18
Committee: ITRE
Amendment 271 #

2008/2239(INI)

Motion for a resolution
Paragraph 31
31. Recalls that coal remains an element in the EU's supplies and an alternative to oil and gas; stresses, however, that the major disadvantage of coal lies in its very high rate of carbon dioxide emissions and consequently, pending the results of demonstrations of carbon capture and storage systems, any new coal-fired power station should be authorised only if necessary and on condition that it meets high efficiency requirements;
2008/12/18
Committee: ITRE
Amendment 278 #

2008/2239(INI)

Motion for a resolution
Paragraph 32
32. Endorses the Commission's analysis that it is urgent for Member States which have opted for nuclear, or which do so in future, to take the necessary investment decisions and that the EU should continue to provide a regulatory framework for its useimportant to maintain the contribution of nuclear energy in the energy mix, and to that end to promote without delay the establishment of a harmonised regulatory and economic framework facilitating the necessary investment decisions; calls on the Commission to draw up a specific road map for nuclear investments; considers it imperative to launch a debate within society, without prejudgments, on the use of this source of energy;
2008/12/18
Committee: ITRE
Amendment 286 #

2008/2239(INI)

Motion for a resolution
Paragraph 33
33. Considers it essential to guarantee to European citizens that, in the EU, nuclear energy is used safely and transparently, particularly as regards the management of nuclear waste; welcomes the Commission’s adoption of a new proposal for a directive establishing a Community framework for the safety of nuclear installations;
2008/12/18
Committee: ITRE
Amendment 291 #

2008/2239(INI)

Motion for a resolution
Paragraph 34
34. ConsiderStresses that neither in its Revised Illustrative Programme nor in the Strategic Review has the Commission examined the likely development of nuclear technology by 2050, as suggested in the reference document of the Sustainable Nuclear Energy Technology Platform, or the position assigned to the ITER controlled fusion project;
2008/12/18
Committee: ITRE
Amendment 6 #

2008/2237(INI)

Motion for a resolution
Recital C
C. whereas SMEs are often micro enterprises, craft industries, family businesses and cooperatives which are the natural incubators of entrepreneurial culture and therefore play an important role in enhancing social inclusion and self- employment,
2008/11/26
Committee: ITRE
Amendment 18 #

2008/2237(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Regrets, however, that the Small Business Act is not a legally binding instrument; calls on the Commission to propose a solution for making the 10 principles, and in particular the ‘Think Small First’ principle, compulsory in all future legislation affecting SMEs;
2008/11/26
Committee: ITRE
Amendment 40 #

2008/2237(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the Commission’s mooting of reduced VAT rates for locally supplied services, which are primarily provided by SMEs;
2008/11/26
Committee: ITRE
Amendment 46 #

2008/2237(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Considers it necessary to improve understanding of the real-life situations of SMEs in Europe, through a revitalisation of the European Observatory of SMEs;
2008/11/26
Committee: ITRE
Amendment 49 #

2008/2237(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Calls on the public authorities, on the basis of the principle that access to information is a precondition for obtaining information itself, and considering the importance of the Internet as a vehicle, to simplify institutional websites to the maximum to enable users to pinpoint and better understand the support mechanisms being offered;
2008/11/26
Committee: ITRE
Amendment 77 #

2008/2237(INI)

Motion for a resolution
Paragraph 10
10. Draws attention to the need for sufficient technical and skilled personnel; therefore, believes that more investment is needed in education and that the links between educational institutions and SMEs should be strengthened; considers in this respect that it would be a positive step to include, in secondary and higher and further education curricula, modules that promote awareness of the world of business; encourages the further extension of individual mobility schemes such as Erasmus for young entrepreneurs" and Erasmus for apprentices";
2008/11/26
Committee: ITRE
Amendment 80 #

2008/2237(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Points out that the Seventh Framework Programme for Research and Development contains a financial risk sharing mechanism which should enable access to be facilitated to loans from the European Investment Bank (EIB) for large-scale projects; calls on the Commission to assess SME recourse to that mechanism, and consequently to bring forward any necessary proposals;
2008/11/26
Committee: ITRE
Amendment 82 #

2008/2237(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Calls on the Commission to assess SME participation in the Competitiveness and Innovation Framework Programme and to bring forward any necessary proposals;
2008/11/26
Committee: ITRE
Amendment 91 #

2008/2237(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Member States, in the light of the current financial crisis, to encourage banks to guarantee SMEs access to credit on reasonable terms;
2008/11/26
Committee: ITRE
Amendment 99 #

2008/2237(INI)

Motion for a resolution
Paragraph 13
13. Is very satisfied with the recent ‘Lisbonisation’ ofalignment between the cohesion policy and the Lisbon Strategy; believes that by directing regional funds more towards entrepreneurship, research and innovation, considerable funds could become available at local level to enhance business potential;
2008/11/26
Committee: ITRE
Amendment 121 #

2008/2237(INI)

Motion for a resolution
Paragraph 17
17. Notes that public procurement covers around 16% of EU GDP; calls on the Commission and Member States to strengthen SME access to and participation in public procurement through inter alia making more use of e-procurement by setting a minimum participation threshold;
2008/11/26
Committee: ITRE
Amendment 147 #

2008/2237(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the Member States to implement the ‘once only’ principle, since an undertaking should not be subjected ore than once to the requirement of identical administrative procedures declarations;
2008/11/26
Committee: ITRE
Amendment 165 #

2008/2237(INI)

Motion for a resolution
Paragraph 25
25. Encourages Member States to set up national dedicated information contact points and support agencies for SMEs, offering access to various sources of information, structured according to the life cycle of a business, and providing assistance with the funding application proper;
2008/11/26
Committee: ITRE
Amendment 167 #

2008/2237(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Encourages Member States to support SME associations which inform, advise and assist SMEs throughout their development in line with the 'one-stop shop’ principle;
2008/11/26
Committee: ITRE
Amendment 174 #

2008/2237(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the Commission to set up a working party in which Member States can exchange their national practices best tailored to the interests of SMEs, particularly regarding arrangements for obtaining support in preventing difficulties;
2008/11/26
Committee: ITRE
Amendment 177 #

2008/2237(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Calls on the Commission to set up a working party among the Member States for the exchange of best national practice in the interest of SMEs, particularly on how to obtain support with preventing difficulties;
2008/11/26
Committee: ITRE
Amendment 14 #

2008/2214(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Calls on the Commission to make the 20% energy efficiency objective binding;
2008/12/17
Committee: ITRE
Amendment 17 #

2008/2214(INI)

Motion for a resolution
Paragraph 2
2. Considers it timely that, as part of the 2009 review of the action plans, the extent to which the legislation and the action plans cover all the possibilities for economising and promote the division of tasks between the European Union and, the Member States and the regional and local authorities, and the population and the business sphere, in the area of energy efficiency, should be examined in detail;
2008/12/17
Committee: ITRE
Amendment 53 #

2008/2214(INI)

Motion for a resolution
Paragraph 19
19. Considers it indispensable that, in contrast with the current practice of a number of Member States, the National Action Plans be prepared with the substantive involvement of the regional and local authorities, civil organisations and economic partners;
2008/12/17
Committee: ITRE
Amendment 2 #

2008/2140(INI)

Motion for a resolution
Recital A
A. whereas according to current scientific and technological findings, and without massive R&D investment, the use of fossil fuels within the EU will continue to be necessary for many decadeyears to come to ensure security of supply,
2008/09/16
Committee: ITRE
Amendment 10 #

2008/2140(INI)

Motion for a resolution
Recital E
E. whereas the widespread use of CCS technologies is necessary in order tocan help attain the ambitious EU climate targets going beyond 2020, and the use of these technologies must complements energy efficiency efforts on the supply and demand side and in the field of renewable energies,
2008/09/16
Committee: ITRE
Amendment 12 #

2008/2140(INI)

Motion for a resolution
Recital G
G. whereas the broad use of CCS technologies in power stations from 2020 will only be possible if demonstration projects have produced further necessary findings relating to technology, improvements in degree of efficiency and economic viability and to ensuring that they are environmentally friendly,
2008/09/16
Committee: ITRE
Amendment 13 #

2008/2140(INI)

Motion for a resolution
Recital H
H. whereas delays in constructing demonstration facilities cast into doubt the broad use of CCS technologies in power stations and thus the attainment of climate policy targets,
2008/09/16
Committee: ITRE
Amendment 14 #

2008/2140(INI)

Motion for a resolution
Recital L a (new)
La. whereas CCS is a transitional technology and as such must not be viewed as the mainstay of the fight against climate change,
2008/09/16
Committee: ITRE
Amendment 17 #

2008/2140(INI)

Motion for a resolution
Paragraph 1
1. Recognises the importance ofat the use of CCS technologies forcan contribute to attaining the EU's stated climate targets after 2020;
2008/09/16
Committee: ITRE
Amendment 22 #

2008/2140(INI)

Motion for a resolution
Paragraph 2
2. Endorses the view that construction of at least 12 demonstration facilities within the EU is necessary in order to achieve the desired broad use of CCS technologies in power stations and secure CO2 storage from 2020;
2008/09/16
Committee: ITRE
Amendment 23 #

2008/2140(INI)

Motion for a resolution
Paragraph 3
3. Views the further development and use of CCS technologies as a means of making progress towards achieving the objectives of security of supply, climate protection and competitiveness at the same time;deleted
2008/09/16
Committee: ITRE
Amendment 25 #

2008/2140(INI)

Motion for a resolution
Paragraph 4
4. Takes the view that, in the light of the role played by fossil fuels, and particularly coal, in the energy mix of some Member States, CCS technologies have a substantive contribution to make in achieving security of supply and climate protection, not only in Europe but also worldwide;
2008/09/16
Committee: ITRE
Amendment 30 #

2008/2140(INI)

Motion for a resolution
Paragraph 6
6. Considers that a direct financial commitment is necessary in order to ensure that 12 demonstration projects are constructed;deleted
2008/09/16
Committee: ITRE
Amendment 33 #

2008/2140(INI)

Motion for a resolution
Paragraph 7
7. Points out that investment decisions and capital acquisition for demonstration projects on financial markets are made substantially more difficult by the absence of a legislative framework, in particular at Member State and regional level, and by uncertainties about future movements in emission trading allowance prices;
2008/09/16
Committee: ITRE
Amendment 35 #

2008/2140(INI)

Motion for a resolution
Paragraph 9
9. Proposes in this connection that the RSFF resources held back after the adoption of the Seventh Framework Research Programme until the mid-term review should be committed for CCS demonstration projects so as to make resources available promptly to support these projects and, if possible, to supplement them with other fundto support CCS projects by mobilising additional resources in cooperation with the EIB, as envisaged by the Commission;
2008/09/16
Committee: ITRE
Amendment 40 #

2008/2140(INI)

Motion for a resolution
Paragraph 12
12. Urges that projects planned to have a minimum output of 20150 MW should be included in the selection;
2008/09/16
Committee: ITRE
Amendment 42 #

2008/2140(INI)

Motion for a resolution
Paragraph 14
14. Regards a European commitment on facilitating development of the necessary transport infrastructure, too, as necessary and points to the authorisation procedures in individual Member States for other transport infrastructures which last years;
2008/09/16
Committee: ITRE
Amendment 24 #

2008/2074(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Recalls that it is not in the competencies of the European Union to establish a hierarchy of water uses; points out that these competencies lie with the Member States who each have unique challenges, economies, climates, geographical conditions and infrastructures, and that there cannot be a one-size-fits-all approach to the evaluation of water efficiency;
2008/06/10
Committee: ENVI
Amendment 25 #

2008/2074(INI)

Motion for a resolution
Paragraph 3
3. Recalls that demand-side approach should be preferred when managing water resources, notes that supply side measures should be considered after the options of enhancement of water efficiency, improvement of demand management and educational measures have been exhausted.deleted
2008/06/10
Committee: ENVI
Amendment 31 #

2008/2074(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Acknowledges the importance of the demand-side approach but takes the view that the EU should adopt a holistic approach when managing water resources, combining measures of demand management, measures to optimise existing resources within the water cycle, and measures to create new resources, and that the approach needs to integrate environmental, social and economic considerations;
2008/06/10
Committee: ENVI
Amendment 41 #

2008/2074(INI)

Motion for a resolution
Paragraph 5
5. Asks the Commission to take into account the inter-sectoral link between the social and economic impact of climate change on land usage and the energy costs associated with climate change; encourages the EU to conduct all water efficiency evaluations using objective and economic indicators;
2008/06/10
Committee: ENVI
Amendment 42 #

2008/2074(INI)

Motion for a resolution
Paragraph 6
6. Acknowledges the importance of the WFD as a framework for achieving "good status" for all European waters, promoting inter-regional cooperation, sustainable water use and protection of available water resources while contributing to mitigating the effects of floods and droughts, and calls upon the Commission and all the Member States to implement fully its provisions;
2008/06/10
Committee: ENVI
Amendment 74 #

2008/2074(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Emphasises the need to evaluate the production of drinking water using a methodology that includes the various aspects of the life cycle: energy, emissions, waste, noise and the degradation of soil;
2008/06/10
Committee: ENVI
Amendment 76 #

2008/2074(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls for the creation of an integral policy to retain rainwater and maximise the ability to stock this water resource within the territory concerned through the use of small dams and other traditional measures, and calls on authorities to promote the retention of excess water in moments of flooding or heavy rainfall by collecting the water in existing or new reservoirs or by using the water to fill underground aquifers;
2008/06/10
Committee: ENVI
Amendment 90 #

2008/2074(INI)

Motion for a resolution
Paragraph 13
13. Stresses that a lot of progress towards more efficient use of water can be achieved in the agricultural sector; hopes that the Common Agricultural Policy health check will take this problem into consideration and will propose concrete actions promoting a more sustainable use of water through incentives to mobilise the best available technologies; considers that the European Union should support measures to improve water management in agriculture, promoting a modernisation of irrigation systems to reduce water consumption and boosting research in this field;
2008/06/10
Committee: ENVI
Amendment 95 #

2008/2015(INI)

Motion for a resolution
Paragraph 27
27. Considers that any future low-carbon energy policy must also investigate the possible contribution of nuclear power to the energy mix of the future, focusing on not only the possible reduction in carbon dioxide emissions but also on the investment required, the security of uranium supply, the operation of the plants, technological and international safety issues and also the unresolved question of the disposal of waste, in comparison to renewable energy sourcesin order to genuinely reduce greenhouse gas emissions in the energy sector more use must be made of low-carbon technologies, such as nuclear energy, which also contributes to security of supply;
2008/10/10
Committee: CLIM
Amendment 102 #

2008/2015(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Notes that most Community funding allocated to fission under the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for Nuclear Research and Training Activities (2007-2011) is allocated to safety research, and notes that to best meet the Union’s strategic criteria the Community effort should be allied with research aiming to develop a new generation of sustainable nuclear technology allowing the potential of nuclear energy to be extended over thousands of years by improving fuel efficiency and very significantly reducing the volume of final waste;
2008/10/10
Committee: CLIM
Amendment 436 #

2008/2015(INI)

Motion for a resolution
Recital X
X. whereas the use of nuclear energy – irrespective of the availability of uranium – still raises the unresolved issue of the safe final storage of nuclear waste and the spread of the technology to undemocratic states,
2008/10/13
Committee: CLIM
Amendment 72 #

2008/0231(CNS)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive aims at achieving, maintainingestablishing a nuclear safety regulatory framework in the European Union. It establishes principles on which the legislative and regulatory frameworks of the Member States in the field of nuclear safety shall be based in order to achieve, maintain and continuously improving e nuclear safety in the Community and to enhance the role of the national regulatory bodies.
2009/02/26
Committee: ITRE
Amendment 87 #

2008/0231(CNS)

Proposal for a directive
Article 2 – point 3
(3) “radioactive materialsubstance” means any material containing one or more radionuclides the activity or concentration thereof cannot be disregarded as far as radiation protection is concerned;
2009/02/26
Committee: ITRE
Amendment 128 #

2008/0231(CNS)

Proposal for a directive
Article 4 – paragraph 5 a (new)
5a. Regulatory bodies of the Member States shall exchange best regulatory practice and develop a common understanding of internationally accepted nuclear safety requirements.
2009/02/26
Committee: ITRE
Amendment 138 #

2008/0231(CNS)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1. Member States shall respect: - the parts of the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental sSafety pPrinciples, IAEA Safety Standard Series No. SF-1 (2006)). They shall observe th relevant to nuclear installation as listed in full in the Annex; and - observe the applicable obligations and requirements incorporated in the Convention on Nuclear sSafety (IAEA INFCIRC 449 of 5 July 1994).
2009/02/26
Committee: ITRE
Amendment 153 #

2008/0231(CNS)

Proposal for a directive
Article 7 – paragraph 1
1. Licence holders shallMember States shall ensure that licence holders are responsible for the design, construction, operateion and decommissioning of their nuclear installations in accordance with the provisions set out in Article 6(1) and (2).
2009/02/26
Committee: ITRE
Amendment 155 #

2008/0231(CNS)

Proposal for a directive
Article 7 – paragraph 3
3. Licence holders shall allocate adequate financial and human resources to fulfil their obligations.deleted
2009/02/26
Committee: ITRE
Amendment 171 #

2008/0231(CNS)

Proposal for a directive
Article 9
Appropriate education and training opportunities for continuous theoretical and practical training in nuclear safety, including exchange programmes, shall be made available by Member States separately and through compulsory trans- national cooperation.
2009/02/26
Committee: ITRE
Amendment 177 #

2008/0231(CNS)

Proposal for a directive
Annex (new)
Annex SAFETY OBJECTIVE The fundamental safety objective is to protect workers and the general public from harmful effects of ionising radiation, which may be caused by nuclear installations. 1. To ensure the protection of workers and the general public, nuclear installations shall be operated so as to achieve the highest standards of safety that can reasonably be achieved taking into account economical and social factors. In addition to the measures concerning health protection, laid down in the Euratom Basic Standards (Directive 96/29/Euratom), the following measures shall be taken: - restriction of the likelihood of events that might lead to a loss of control over a nuclear reactor core, nuclear chain reaction, radioactive source and - mitigation of the consequences of such events if they were to occur. 2. The fundamental safety objective shall be taken into account for all nuclear installations and for all stages over the lifetime of the nuclear installation. SAFETY PRINCIPLES Principle 1: Responsibility for safety Each Member State shall ensure that the prime responsibility for the safety of a nuclear installation rests with the holder of the relevant licence and shall take the appropriate steps to ensure that all such licence holders meet their responsibility. 1.1 Each Member State shall ensure that the licensee has implemented provisions for: - establishing and maintaining the necessary competences; - providing adequate training and information; - establishing procedures and arrangements to maintain safety under all conditions; - verifying appropriate design and the adequate quality of nuclear installations; - ensuring the safe control of all radioactive material that is used, produced or stored; - ensuring the safe control of all radioactive waste that is generated to fulfil the responsibility for the safety of a nuclear installation. These responsibilities shall be fulfilled in accordance with applicable safety objectives and requirements as established or approved by the regulatory body, and their fulfilment shall be ensured through the implementation of a management system. Principle 2: Leadership and management for safety Effective leadership and management for safety must be established and sustained in all organisations concerned with nuclear safety. 2.1 Leadership in safety matters shall be demonstrated at the highest levels in an organisation. An effective management system shall be implemented and maintained, integrating all elements of management so that requirements for safety are established and applied coherently with other requirements, including those relating to human performance, quality and security, and so that safety is not compromised by other requirements or demands. The management system also shall ensure the promotion of a safety culture, the regular assessment of safety performance and the application of lessons learned from experience. 2.2 A safety culture that governs the attitudes and behaviour in relation to safety of all organizations and individuals concerned shall be integrated in the management system. Safety culture includes: - individual and collective commitment to safety on the part of the leadership, the management and personnel at all levels; - accountability of organisations and of individuals at all levels for safety; - measures to encourage a questioning and learning attitude and to discourage complacency with regard to safety. 2.3 The management system shall recognise the entire range of interactions of individuals at all levels with technology and with organisations. To prevent safety, significant human, and organisational failures, human factors shall be taken into account and good performance and good practices shall be supported. Principle 3: Assessment of Safety Comprehensive and systematic safety assessments shall be carried out before the construction and commissioning of a nuclear installation and throughout its lifetime. A graded approach shall be used taking in account the magnitude of the potential risks arising from the nuclear installation. 3.1 The regulatory body shall require an assessment on nuclear safety for all nuclear installations, consistent with a graded approach. This safety assessment shall involve the systematic analysis of normal operation and its effects, of the ways in which failures might occur and of the consequences of such failures. The safety assessments shall cover the safety measures necessary to control the hazard, and the design and engineered safety features shall be assessed to demonstrate that they fulfil the safety functions required of them. Where control measures or operator actions are called on to maintain safety, an initial safety assessment shall be carried out to demonstrate that the arrangements made are robust and that they can be relied on. An authorisation for a nuclear installation shall only be granted by a Member State once it has been demonstrated to the satisfaction of the regulatory body that the safety measures proposed by the licensee are adequate. 3.2 The required safety assessment shall be repeated in whole or in part as necessary later in the conduct of operations in order to take into account changed circumstances (such as the application of new standards or scientific and technological developments), the feedback of operating experience, modifications and the effects of ageing. For operations that continue over long periods of time, assessments shall be reviewed and repeated as necessary. Continuation of such operations shall be subject to these reassessments demonstrating that the safety measures remain adequate. 3.3 Within the required safety assessment precursors to accidents (an initiating event that could lead to accident conditions) shall be identified and analysed, and measures shall be taken to prevent the occurrence of accidents. 3.4 To further enhance safety, processes shall be put in place for the feedback and analysis of operating experience in own and other facilities, including initiating events, accident precursors, "near misses", accidents and unauthorised acts, so that lessons may be learned, shared and acted upon. Principle 4: Optimisation of safety Member States shall ensure that nuclear installations are optimised to provide the highest level of safety that can reasonably practicable be achieved without unduly limiting their operation. 4.1 The optimisation of safety shall require judgements to be made about the relative significance of various factors, including: - the likelihood of the occurrence of foreseeable events and the resulting consequences; - the magnitude and distribution of radiation doses received; - economic, social and environmental factors arising from the radiation risks. - The optimisation of safety also means using good practices and common sense as far as is practical in day to day activities. Principle 5: Prevention and mitigation Member States shall ensure that all practical efforts are made to prevent and mitigate nuclear incidents and accidents in its nuclear installations. 5.1 Each Member State shall ensure, that the licensees engage all practical efforts - to prevent the occurrence of abnormal conditions or incidents that could lead to a loss of control; - to prevent the escalation of any such abnormal conditions or incidents that do occur; and - to mitigate any harmful consequences of an accident. by implementing “defence in depth”. 5.2 The application of the defence in depth concept shall ensure that no single technical, human or organisational failure could lead to harmful effects, and that the combinations of failures that could give rise to significant harmful effects are of very low probability. 5.3 Defence in depth shall be implemented through the combination of a number of consecutive and independent levels of protection that would all have to fail before harmful effects could be caused to workers or the general public. The levels of defence in depth shall include: - an adequate site selection - an adequate design of the nuclear installation, consisting of High quality of design and construction High reliability of components and equipment Control, limiting and protection systems and surveillance features; - an adequate organisation with An effective management system with a strong management commitment to safety culture Comprehensive operational procedures and practices Comprehensive accident management procedures Emergency preparedness arrangements Principle 6: Emergency preparedness and response Members States shall ensure that arrangements are made for emergency preparedness and response for nuclear installations accidents according to Directive 96/29/Euratom.
2009/02/26
Committee: ITRE
Amendment 58 #

2008/0223(COD)

Proposal for a directive
Recital 5
(5) The European Council of March 2007 emphasised the need to increase energy efficiency in the Community so as to achieve the objective of reducing by 20 % the Community's energy consumption by 2020 and called for a thorough and rapid implementation of the priorities established in the Communication of the Commission "Action Plan for Energy Efficiency: Realising the Potential" . This Action Plan identified the significant potential for cost- effective energy savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008, has called for strengthening the provisions of Directive 2002/91/EC, and has called at various times, on the latest occasion in its resolution on the Second Strategic Energy Review, for the 20% energy efficiency target in 2020 to be made binding. Moreover, decision No .../2009/EC of the European Parliament and of the Council on effort sharing, for which energy efficiency in the building sector will be crucial, sets national binding targets for CO2 reduction outside the ETS, and Directive 2009/.../EC of the European Parliament and of the Council on the promotion of the use of energy from renewable energy sources calls for the promotion of energy efficiency in the context of a binding target renewable energy accounting for 20% of total EU energy consumption by 2020.
2009/02/23
Committee: ITRE
Amendment 71 #

2008/0223(COD)

Proposal for a directive
Recital 9
(9) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level, and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating, ventilation and air-conditioning installations, application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light and design of the building. The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building.
2009/02/23
Committee: ITRE
Amendment 81 #

2008/0223(COD)

Proposal for a directive
Recital 13
(13) Buildings have an impact on long- term energy consumption and new buildings should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is generally not explored to its full potential, the technical, environmental and economic feasibility of alternative energy supply systems should be considered for new and existing buildings, regardless of their size of the building.
2009/02/23
Committee: ITRE
Amendment 82 #

2008/0223(COD)

Proposal for a directive
Recital 14
(14) Major renovations of existing buildings, regardless of their size, provide an opportunity to take cost-effective measures to enhance energy performance. For reasons of cost-efficiency, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building of the whole building. Setting requirements for cost-effective measures will ensure that no barriers are created which might discourage major renovations from being undertaken.
2009/02/23
Committee: ITRE
Amendment 89 #

2008/0223(COD)

Proposal for a directive
Recital 15
(15) Measures are needed to increase the number of buildings which not only fulfil current minimum energy performance requirements, but are more energy efficient. For this purpose Member States should draw up national plans for increasing the number of existing buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero and regularly report them to the Commissionare net zero energy, and for ensuring that all new buildings are net zero energy by 2016.
2009/02/23
Committee: ITRE
Amendment 101 #

2008/0223(COD)

Proposal for a directive
Recital 17 a (new)
(17a) In accordance with the requirements on the installation of smart meters laid down in Directive 2006/32/EC, owners and tenants should be supplied with accurate real-time information on energy consumption in the buildings that they occupy.
2009/02/23
Committee: ITRE
Amendment 103 #

2008/0223(COD)

Proposal for a directive
Recital 17 b (new)
(17b) Public authorities should lead by example and should implement the recommendations included in the energy performance certificate within its validity period. Member States should include within their national plans measures, including financial measures, to support public authorities to become early adopters of energy efficiency improvements and to implement the recommendations included in the energy performance certificate within its validity period. In developing the national plans, Member States should consult the representatives of local and regional authorities.
2009/02/23
Committee: ITRE
Amendment 113 #

2008/0223(COD)

Proposal for a directive
Recital 21 a (new)
(21a) In so far as the access or pursuit of the profession of installer is a regulated profession, the preconditions for the recognition of professional qualifications are laid down in Directive 2005/36/EC on the recognition of professional qualifications. This Directive therefore applies without prejudice to Directive 2005/36/EC. While Directive 2005/36/EC lays down requirements for the mutual recognition of professional qualifications, including for architects, there is a further need to ensure that architects and planners properly consider high- efficiency technologies in their plans and designs. Member States should therefore provide clear guidance. This should be done without prejudice to the provisions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.
2009/02/23
Committee: ITRE
Amendment 122 #

2008/0223(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive promotes the improvement of the energy performance of buildings within the Community, taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectivenessoptimal levels of energy performance.
2009/02/23
Committee: ITRE
Amendment 123 #

2008/0223(COD)

Proposal for a directive
Article 1 – point a
(a) the general framework for a methodology of calculation of the integrated energy performance of buildings and parts thereof and of the building’s envelope components and technical building systems;
2009/02/23
Committee: ITRE
Amendment 126 #

2008/0223(COD)

Proposal for a directive
Article 1 – point c
(c) the application of minimum requirements on the energy performance of existing buildings and parts thereof that are subject to major renovation and of the building’s envelope components and technical building systems whenever they are replaced or retrofitted;
2009/02/23
Committee: ITRE
Amendment 128 #

2008/0223(COD)

Proposal for a directive
Article 1 – point d
(d) national plans for increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal zerohave net zero energy consumption;
2009/02/23
Committee: ITRE
Amendment 136 #

2008/0223(COD)

Proposal for a directive
Article 1 – point g a (new)
(ga) education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems.
2009/02/23
Committee: ITRE
Amendment 141 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 1 a (new)
(1a) “net zero energy building” means a building where the overall annual primary energy consumption is no more than the renewable energy production on site;
2009/02/23
Committee: ITRE
Amendment 159 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 5
(5) "building envelope" means the elements of a building which separate its interior from the outdoor environment, including the windows, walls, foundation, basement slab, ceiling, roof, and insulation;
2009/02/23
Committee: ITRE
Amendment 162 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 5 a (new)
(5a) “envelope component” means an individual part of the building which influences the energy performance of the building and which is not covered by the technical building system definition, and includes windows, exterior doors, shading, walls, foundations, basement slab, ceiling, and roof (including insulation).
2009/02/23
Committee: ITRE
Amendment 176 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 10
(10) "cost-optimal level" means the lowest level ofeconomic optimum between energy performance and costs during the life- cycle of a building, which are determined taking into account investment costs, maintenance and operating costs (including energy costs), earnings from energy produced, where applicable, and disposal costs, where applicable;
2009/02/23
Committee: ITRE
Amendment 187 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 14 a (new)
(14a) "reversible heat pumps" means equipment or installations capable of providing a building with heating and cooling using air, water and soil as resources.
2009/02/23
Committee: ITRE
Amendment 188 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 14 a (new)
(14a) 'energy poverty' means the situation where a household has to spend more than 10% of its revenue on energy bills in order to heat its home to an acceptable standard based on the levels recommended by the World Health Organisation;
2009/02/23
Committee: ITRE
Amendment 206 #

2008/0223(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall take the necessary measures to ensure that minimum energy performance requirements for existing buildings are set with a view to achievingnd for components and technical building systems and parts thereof, are set to achieve at least cost- optimal levels and are calculated in accordance with the methodology referred to in Article 3.
2009/02/25
Committee: ITRE
Amendment 211 #

2008/0223(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.
2009/02/25
Committee: ITRE
Amendment 219 #

2008/0223(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
These requirements shall take account of general indoor climate conditions, in order to avoid possible negative effects such as inadequate ventilation, inadequate natural lighting, as well as local conditions and the designated function and the age of the building.
2009/02/25
Committee: ITRE
Amendment 223 #

2008/0223(COD)

Proposal for a directive
Article 4 – paragraph 2 – point a
(a) buildings officially protected as part of a designated environment or because of their special architectural or historic merit, wherein so far as compliance with thea specific minimum energy performance requirements would unacceptably alter their character or appearance;
2009/02/25
Committee: ITRE
Amendment 320 #

2008/0223(COD)

Proposal for a directive
Article 9
Buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zerowith net zero energy consumption 1. Member States shall draw up national plans for increasing the number of buildings of which bowith net zero energy consumption. 1a. By 2012 in the carbon dioxide emissions and primaryse of buildings occupied by public authorities and otherwise by 2016, Member States shall ensure that all new buildings have net zero energy consumption are low or equal to zero. They. 1b. Member States shall set targets for 2015 and for 2020 for the minimum percentage which those buildings in 2020 shall constitutof existing buildings which shall be net zero energy buildings, measured as a percentage of the total number of buildings and representas a percentage in relation to the total useful floor area. Separate targets shall be set for: (a) new and refurbishedMember States shall set separate targets for: (a) residential buildings; (b) new and refurbished non-residential buildings; (c) buildings occupied by public authorities. Member States shall set the targets referred to in point (c) taking into account the leading role which public authorities should play in the field of energy performance of buildings. 2. The national plan referred to in paragraph 1 shall include inter alia the following elements: (a) the Member State's definition of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero; (b) intermediate targets expressed as a percentage which those buildings shall constitute of the total number of buildings and represent in relation to the total useful floor area in 2015; with net zero energy consumption; (ba) details of the Member State's requirements concerning minimum levels of energy for renewable sources in new buildings and existing buildings undergoing major renovation, as required under Directive 2008/xx/EC on promotion of the use of energy from renewable sources and Article 6 and 7 of this Directive; (c) information campaigns on the measures undertaken for the promotion of those buildings; (ca) national, regional or local programmes to support energy performance measures such as fiscal incentives, financial instruments or reduced VAT. 3. Member States shall communicate the national plans referred to in paragraph 1 to the Commission by 30 June 2011 at the latest and report to the Commission every three years on the progress in implementing their national plans. The national plans and progress reports mayshall be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC. 4. The Commission shall establish common principles for defining buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero. Those measures designed to amend non- essential elements of this Directive by supplementing it shall be adopted in accordance with the procedure referred to in Article 21(2). 5. T3a. Within two months of notification of a national plan by a Member State under paragraph 3, the Commission, taking full account of the subsidiary principle, may reject that plan, or any aspect thereof, on the basis that it does not respect all of the requirements of this Article. In this case, Member State shall propose amendments. Within one month of receiving these proposals, the Commission shall accept the amended plan or request further specific amendments. The Commission and the Member State concerned shall take all reasonable steps to agree the national plan within five months of the date of the initial notification. 5. By 2016, the Commission shall publish a report on the progress of Member States in increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zerowith net zero energy consumption. On the basis of this report the Commission shall develop a strategy, and, if necessary, propose measures to increase the number of those buildings.
2009/02/25
Committee: ITRE
Amendment 330 #

2008/0223(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
1. Member States shall draw up national plans for increasing the number of buildings and eco-districts of which both carbon dioxide emissions and primary energy consumption are low or equal to zero. They shall set targets for the minimum percentage which those buildings in 2020 shall constitute of the total number of buildings and represent in relation to the total useful floor area.
2009/02/25
Committee: ITRE
Amendment 357 #

2008/0223(COD)

Proposal for a directive
Article 9 a (new)
Article 9a Financial Support 1. By 30 June 2010 the Commission shall bring forward appropriate proposals to establish financial mechanisms to support the implementation of the requirements laid down in Articles 5 to 9. These proposals shall include: (a) an increase to the maximum amount of the European Regional Development Fund allocation that can be used to support energy efficiency and renewable energy investments under Article 7 of Regulation (EC) No 1080/2006. This maximum shall be raised to at least 15% of the total allocation; (b) an extension of the eligibility of energy efficiency and renewables projects for contributions from the European Regional Development Fund - at the very least so that all Member States become eligible for funding for energy efficiency improvements and renewable energy for housing; (c) use of other Community funds to support research and development, information campaigns or training related to energy efficiency; (d) increase accessibility to loans from the European Investment Bank, including a lowering of the €25M minimum threshold for such loans, with the aim of mobilising public money and private investment for energy efficiency and renewable energy projects implemented within Member States for the purposes of implementation of this Directive; (e) reduced VAT for services and products related to the improvement of the energy efficiency of buildings and for renewable energy services and products to promote the increased use of renewable energy in buildings. 2. Member States shall implement two or more financial support mechanisms according to the procedure in Annex V. The energy performance certificates referred to in Article 10 shall indicate which mechanisms are available to finance implementation of the recommendations for the cost effective improvement of the energy performance of the building concerned. 3. Financial or fiscal incentives shall support the execution of the recommendations included in the energy performance certificate. 4. In implementing the requirements under paragraphs 1 and 2, the Commission and Member States shall, in particular, implement measures aimed at supporting investments in energy efficiency improvements for those at risk of energy poverty, including Energy Performance Contracting.
2009/02/25
Committee: ITRE
Amendment 375 #

2008/0223(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3a. Member States shall ensure that public authorities and public and private institutions which normally provide financing for the purchase or renovation of buildings in the Member State agree to accept the ratings and recommendations from energy performance certificates issued under their national and regional certification schemes as being of sufficient quality to form a basis for determining the level and conditions of financial incentives, fiscal measures and loan conditions.
2009/02/26
Committee: ITRE
Amendment 377 #

2008/0223(COD)

Proposal for a directive
Article 10 – paragraph 4
4. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information regarding the recommendations given in the certificate. In addition, it shall contain information on the steps to be taken to implement the recommendations, including information on available fiscal and financial incentives and financing possibilities.
2009/02/26
Committee: ITRE
Amendment 388 #

2008/0223(COD)

Proposal for a directive
Article 10 – paragraph 7 a (new)
7a. The Commission shall adopt, by 30 June 2010, guidelines specifying minimum standards for the content and presentation of energy performance certificates. The content of the certificate shall, where feasible, be available in languages understood by the owner and tenant. That measure, designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(2). Each Member State shall recognise certificates awarded by other Member States in accordance with these guidelines and shall not restrict the freedom to provide financial services for reasons relating to the certificate issued in another Member State.
2009/02/26
Committee: ITRE
Amendment 389 #

2008/0223(COD)

Proposal for a directive
Article 10 – paragraph 7 b (new)
7b. By 2011, on the basis of information received from Member States and in consultation with the relevant sectors, a voluntary common European Union certification for energy performance of buildings shall be developed through the committee procedure referred to in Article 21. Member States shall, by 2012, introduce in their territories this European Union voluntary certification which shall function alongside the national certification scheme.
2009/02/26
Committee: ITRE
Amendment 402 #

2008/0223(COD)

Proposal for a directive
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down the necessary measures to establish regular inspections, at least every two years, of heat pumps with an effective rated output of more than 5 kW. For heat pumps that are more than fifteen years old, Member States shall lay down the necessary measures to establish a one-off inspection of the entire heating installation. This inspection should include an analysis of the efficiency of the heat pumps and of their sizing compared to the heating and cooling requirements of the building.
2009/02/26
Committee: ITRE
Amendment 404 #

2008/0223(COD)

Proposal for a directive
Article 13 – paragraph 4
4. By derogation from paragraphs 1, 1a, 2 and 3 Member States may decide to take measures to ensure the provision of advice to the users on the replacement of boilers, other modifications to the heating system and on alternative solutions to assess the efficiency and appropriate size of the boiler. The overall impact of this approach shall be equivalent to that arising from the provisions set out in paragraphs 1, 1a, 2 and 3. Where Member States choose tohe option of applying the measures referred to in the first subparagraph of this paragraph, they shall submit to the Commission a report on the equivalence of those measures to measures laid down in paragraphs 1, 1a, 2 and 3 by 30 June 2011 at the latest. Member States shall submit these reports to the Commission every three years. The reports may be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.
2009/02/26
Committee: ITRE
Amendment 407 #

2008/0223(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall lay down the necessary measures to establish a regular inspection of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and reversible heat pumps with an effective rated output of more than 5 kW. The inspection shall include an assessment of the efficiency of the air-conditioning and of the reversible heat pumps and of their sizing compared to the cooling requirements of the building.
2009/02/26
Committee: ITRE
Amendment 409 #

2008/0223(COD)

Proposal for a directive
Article 14 – paragraph 2
2. The Member States may set different frequencies of inspections depending on the type and effective rated output of the air-conditioning system or reversible heat pumps. When setting the frequencies Member States shall take into account the costs of the inspection of the air- conditioning system or reversible heat pumps and the estimated energy cost savings that may result from the inspection.
2009/02/26
Committee: ITRE
Amendment 410 #

2008/0223(COD)

Proposal for a directive
Article 14 – paragraph 2 a (new)
2a. All systems providing ventilation, regardless of the cooling power, shall be inspected and the inspection shall include an assessment of the airflows.
2009/02/26
Committee: ITRE
Amendment 436 #

2008/0223(COD)

Proposal for a directive
Article 19 – paragraph 2
Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates and inspection reports, their purpose and objectives, on cost-effective ways to improve the energy performance of the building and, on mid- and long-term financial consequences if no action is taken and on financial instruments available to improve the energy performance of the building. Information campaigns shall aim to encourage owners or tenants to meet and go beyond minimum standards.
2009/02/26
Committee: ITRE
Amendment 450 #

2008/0223(COD)

Proposal for a directive
Annex I – point 1
1. The energy performance of a building shall be determined on the basis of the calculated or actual annual energy that is consumed in order to meet the different needs associated with its typical use and shall reflect the heating energy needs and cooling energy needs (energy needed to avoid over-heating) to maintain the envisaged temperature conditions of the building. Consumption shall be balanced where applicable against energy produced by renewable energy sources on site.
2009/02/26
Committee: ITRE
Amendment 485 #

2008/0223(COD)

Proposal for a directive
Annex IV a (new)
Annex IVa Financial instruments for improving the energy performance of buildings 1. To support the improvement of energy performance of buildings, Member States shall implement two or more of the following financial instruments: (a) VAT reductions for energy saving, high energy performance and renewable energy goods and services; (b) other tax reductions for energy saving goods and services or energy efficient buildings, including fiscal rebates on income or property taxes; (c) direct subsidies; (d) subsidised loan schemes or low interest loans; (e) grant schemes; (f) loan guarantee schemes; (g) requirements on or agreements with energy suppliers to offer financial assistance to all categories of consumer, including Energy Performance Contracting; (h) any other financial or fiscal instruments that alone or in combination with other measures meet the qualification standards of paragraph 2. 2. Financial or fiscal incentives referred to in paragraph 1 shall with regards to the aim of this Directive be sufficient, effective, transparent and non- discriminatory, support the execution of the recommendations included in the energy performance certificate, and shall in particular strive to encourage large improvements of a building's energy performance where an improvement otherwise would not be economically feasible. 3. Member States shall report in their national energy efficiency action plans on the financial instruments and mechanisms introduced under paragraph 1, including a preliminary assessment of how the quality criterions in paragraph 2 are met.
2009/02/26
Committee: ITRE
Amendment 60 #

2008/0221(COD)

Proposal for a directive
Article 4 – introductory part
Member States shall ensure that tyre suppliers comply, in relation to tyres produced after the date of implementation of this Directive, with the following provisions:
2009/02/26
Committee: ITRE
Amendment 68 #

2008/0221(COD)

Proposal for a directive
Article 4 – point 1
(1) suppliers shall ensure that C1 and C2 tyres, which are delivered to distributors or end-users, are equipped withpoints of sale are supplied with a label, displayed by any means or by a sticker on the tyre tread displaying a label, indicating the fuel efficiency class as set out in Annex I, Part Aand wet grip information and the external rolling noise measured value, as set out in Annex I, Part C; C1 tyre labels shall also indicate the wet grip class as set out in Annex I, Part Bs A, B and C respectively;
2009/02/26
Committee: ITRE
Amendment 76 #

2008/0221(COD)

Proposal for a directive
Article 4 – point 2
(2) the format of the label and of the sticker referred to in paragraphoint 1 shall be as prescribed in Annex II;
2009/02/26
Committee: ITRE
Amendment 90 #

2008/0221(COD)

Proposal for a directive
Article 5 – point 1
(1) distributors shall ensure that tyres, at the point of sale, bear the stickerlabelling information provided by suppliers in accordance with Article 4(1), point 1 in a clearly visible position is available at the point of sale;
2009/02/26
Committee: ITRE
Amendment 18 #

2008/0211(COD)

Proposal for a directive
Recital 13
(13) The methods selected should avoid, as far as possible, death as an end-point due to severe suffering caused by the approaching death. Where possible, it should be substituted by more humane end-points using clinical signs that determine the impending death thereby allowing the animal to be killed by a humann appropriate method without any further suffering.
2009/02/23
Committee: ITRE
Amendment 35 #

2008/0211(COD)

Proposal for a directive
Recital 47
(47) The technical and scientific advancements in biomedical research can be rapid as can the increase in knowledge of factors influencing animal welfare. It is therefore necessary to provide for review of this Directive. Such a review, based on the results of peer-assessed scientific studies, should examine possible replacement of the use of animals, and in particular non-human primates, as a matter of priority where it is possible, taking into account the advancement of science.
2009/02/23
Committee: ITRE
Amendment 40 #

2008/0211(COD)

Proposal for a directive
Article 2 – paragraph 2
2. This Directive shall apply to the following animals: (a) live non- human vertebrate animals, including independently feeding larval forms and embryonic or foetal forms of mammals as from the last third of their normal development; (b) live invertebrate animals, including independently feeding larval forms, of those species listed in Annex I.
2009/02/23
Committee: ITRE
Amendment 50 #

2008/0211(COD)

Proposal for a directive
Article 5 – point 2 – point b a (new)
(ba) the improvement of the production conditions and welfare of animals reared for agricultural purposes.
2009/02/23
Committee: ITRE
Amendment 56 #

2008/0211(COD)

Proposal for a directive
Article 6 – title
HumanAppropriate methods of killing/slaughter.
2009/02/23
Committee: ITRE
Amendment 109 #

2008/0211(COD)

Proposal for a directive
Article 19 – introductory part
Member States may allow animals used or intended to be used in procedures to be set freeplaced in normal breeding conditions or re-homed provided that the following conditions are met:
2009/02/23
Committee: ITRE
Amendment 112 #

2008/0211(COD)

Proposal for a directive
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that persons are authorised by the competent authority or the delegated authority before they carry out any of the following functions:
2009/02/23
Committee: ITRE
Amendment 114 #

2008/0211(COD)

Proposal for a directive
Article 20 – paragraph 3
3. All authorisations of persons shall be granted for a limited period of time, not exceeding five years. Member States shall ensure that the renewal of an authorisation of persons is only granted on the basis of demonstration of the requisite competence. Member States shall guarantee the mutual recognition of this competence and of the authorisation.
2009/02/23
Committee: ITRE
Amendment 125 #

2008/0211(COD)

Proposal for a directive
Article 25 – paragraph 2
2. The permanent ethical review body shall include as a minimum the designated veterinarian, the person(s) responsible for the welfare and care of the animals in the establishment and, in the case of a user establishment, a scientific member.
2009/02/23
Committee: ITRE
Amendment 164 #

2008/0211(COD)

Proposal for a directive
Article 37 – paragraph 2 – point d
(d) a harm-benefit analysis of the project, to assess whether the harm to the animals in terms of suffering, pain and distress, and to the environment, where appropriate, is justified by the expected advancement of science that ultimately benefitscould be beneficial to human beings, animals or the environment;
2009/02/23
Committee: ITRE
Amendment 181 #

2008/0211(COD)

Proposal for a directive
Article 41 – paragraph 2 – point d
(d) at least one person demonstrating species specific knowledge.deleted
2009/02/23
Committee: ITRE
Amendment 185 #

2008/0211(COD)

Proposal for a directive
Article 42 – paragraph 1
1. The competent authority may amend or renew the project authorisation on the request of the user establishmenscientific director of the project.
2009/02/23
Committee: ITRE
Amendment 221 #

2008/0211(COD)

Proposal for a directive
Annex V
Annex deleted.
2009/02/23
Committee: ITRE
Amendment 169 #

2008/0028(COD)

Proposal for a regulation
Recital 28
(28) It is also important to provide consumers with information on the other alcoholic beverages. Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999479/2008 of 29 April 2008 on the common organisation of the market in wine and Council Regulation (EC) No 1601/1991 of 10 June 1991 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines and wine products, thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and may propose, if necessary, specific requirements in the context of this Regulation.
2009/01/28
Committee: ENVI
Amendment 409 #

2008/0028(COD)

Proposal for a regulation
Article 20 – point e
(e) wine and wine products as defined in Council Regulations (EC) No 1493/1999479/2008 of 29 April 2008, and in Council Regulation No 1601/1991 of 10 June 1991, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted where necessary in accordance with the following procedures: (a) as regards the products referred to in Article 1(2) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine (1), under the procedure laid down in Article 113 (1) of that Regulation; (b) as regards the products referred to in Article 2(1) of Council Regulation (EC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine product cocktails, under the procedure laid down in Article 13 of that Regulation; (c) as regards the products referred to in Council Regulation (EC) No.110 /2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (3), under the procedure laid down in Article X of that Regulation; (d) as regards other products, under the regulatory procedure with scrutiny referred to in Article 49(3);
2009/01/23
Committee: ENVI
Amendment 467 #

2008/0028(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
This paragraph shall not apply to wine and wine products as defined in Council Regulations (EC) No 1493479/2008 and No 1601/19991, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. .The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraphArticle 19 on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products., Those measures designed to amend non- essential elements of this Regulation, by supplementing it shall be adopted where necessary in accordance with the following procedures: (i) as regards the products referred to in Article 1(2) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine (1), under the procedure laid down in Article 113 (1) of that Regulation; (ii) as regards the products referred to in Article 2(1) of Council Regulation (EC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine product cocktails (2), under the procedure laid down in Article 13 of that Regulation; (iii) as regards the products referred to in Council Regulation (EC) No.110 /2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (3), under the procedure laid down in Article X of that Regulation; (iv) as regards other alcohol beverages, under the regulatory procedure with scrutiny referred to in Article 49(3).
2009/01/23
Committee: ENVI
Amendment 198 #

2008/0016(COD)

Proposal for a directive
Recital 16
(16) Heat pumps using heat from geothermal resources from the ground or water, and heat pumps using ambient heat from the air to transfer the thermal energy to a useful temperature level, need electricity to function. Heat pumps using ambient heat from the air often require the use of significant amounts of conventional energy. Therefore, only useful thermal energy coming from heat pumps using ambient heat from the airor from the ambient air may require the use of significant amounts of conventional energy to transfer heat to a useful temperature level. Therefore, only heat pumps that meet the minimum requirements of the coefficient of performance established in Commission Decision 2007/742/EC, in accordance with Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco- label award scheme, should be taken into account for the purpose of measuring compliance with the targets established by this Directive.
2008/06/18
Committee: ITRE
Amendment 246 #

2008/0016(COD)

Proposal for a directive
Recital 29
(29) While Directive 2005/36/EC lays down requirements for the mutual recognition of professional qualifications, including for architects, there is a further need to ensure that architects and planners properly consider the use of energy from renewable sourcan optimal combination of renewable energy sources and high efficiency technologies in their plans and designs. Member States should therefore provide clear guidance. This should be done without prejudice to the provisions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.
2008/06/18
Committee: ITRE
Amendment 261 #

2008/0016(COD)

Proposal for a directive
Article 18 – paragraph 4
4. For the purposes of demonstrating compliance with national renewable energy obligations placed on operators, the contribution made by biofuels produced from wastes, residues, non-food cellulosic material, and ligno-cellulosic materialThe contribution made by biofuels produced from wastes, residues, non-food cellulosic material and ligno-cellulosic material and biofuels delivering a greater than 50% GHG emission saving versus their fossil equivalents and whose fuel characteristics allow blending in the applicable European CEN norms for gasoline and diesel at higher volume percentages than the limits for bioethanol, and biodiesel, shall be considered to be twice that made by other biofuels.
2008/06/12
Committee: ENVI
Amendment 311 #

2008/0016(COD)

Proposal for a directive
Recital 52
(52) When designing their support systems, Member States may encourage the use of biofuels which give additional benefits – including the benefits of diversification offered by biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification – by taking due account of the different costs of producing energy from traditional biofuels on the one hand and of these biofuels which give additional benefits on the other hand. Member States may encourage investment in the development of renewable energy technologies that need time to become competitive.
2008/06/23
Committee: ITRE
Amendment 316 #

2008/0016(COD)

Proposal for a directive
Recital 55
(55) In particular, power should be conferred on the Commission to adapt the methodological principles and values necessary for assessing whether environmental sustainability criteria have been fulfilled in relation to biofuels and other bioliquids and to adapt the energy content of transport fuels to technical and scientific progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by the adaptation of the methodological principles and values, they must be adopted in line with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. However, when determining the default values to be used to calculate greenhouse gas emissions during the life cycle of biofuels and other bioliquids, the Commission should take into account the values and data obtained by the Intergovernmental Panel on Climate Change (IPCC), especially where N2O emissions are concerned. It should also be sure to use the updated values for the industrial processes affecting the life cycle of biofuels and other bioliquids.
2008/06/23
Committee: ITRE
Amendment 354 #

2008/0016(COD)

Proposal for a directive
Article 2 – point b
(b) “biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste, of non-fossil origin;
2008/06/23
Committee: ITRE
Amendment 469 #

2008/0016(COD)

Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
The renewable part of the thermal energy generated by heat pumps using geothermal energyresources from the ground or water shall be taken into account for the purposes of paragraph 1(b). Thermal energy generated by heat pumps, or using ambient heat from the air shall be taken into account for the purposes of paragraph 1(b), provided that the energy efficiency of such heat pumps meets the minimum requirements of eco-labelling laid down pursuant to Regulation (EC) No 1980/2000, where applicable, in particular the minimum coefficient of performance established in Decision 2007/742/EC, and reviewed in accordance with that Regulation. The renewable part will be defined as the difference between the thermal energy generated and the primary conventional energy consumed by the heat pump.
2008/06/24
Committee: ITRE
Amendment 646 #

2008/0016(COD)

Proposal for a directive
Article 12 – paragraph 3
3. Member States shall require local and regional administrative bodies to considerensure the installation of equipment and systems which allow an optimal combination of renewable energy sources and high- efficiency technologies for the use of heating, cooling and electricity from renewable sources and for district heating and cooling when planning, designing, building and refurbishing industrial or residential areas.
2008/06/26
Committee: ITRE
Amendment 675 #

2008/0016(COD)

Proposal for a directive
Article 12 – paragraph 4 a (new)
4a. Member States will pro-actively promote plus-energy housing concepts for administrative and private home buildings from 2012 onwards and make plus energy buildings a requirement at latest in 2020. Member States require that their own buildings and the buildings of public or near public authorities at the national, regional and local level will be turned into flagship project for the use of renewable energies and apply the plus energy standards from 2012 onwards. Roofs of all public or mixed private-public buildings will be put at the disposal of third persons for investments for the installations of renewable energy production.
2008/06/26
Committee: ITRE
Amendment 680 #

2008/0016(COD)

Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1
5. With respect to their building regulations and codes, Member States shall promote the use of renewable energy heating and cooling systems and equipment that achievellow an optimal combination of renewable energy sources and high efficiency technology thus achieving a significant reduction of energy consumption. Member States shall use energy or eco-labels or other appropriate certificates or standards developed at national or European level, where these exist, as the basis for encouraging such systems and equipment.
2008/06/26
Committee: ITRE
Amendment 691 #

2008/0016(COD)

Proposal for a directive
Article 12 – paragraph 5 – subparagraph 3
In the case of heat pumps, Member Sstates shall promote heat pumps which achieve high efficiency, notably the minimum requirements of eco- labelling established in Decision 2007/742/EC.
2008/06/26
Committee: ITRE
Amendment 727 #

2008/0016(COD)

Proposal for a directive
Article 13 – paragraph 4
4. Member States shall develop guidance for planners and architects so that they are able properly to consider the use of energy fromoptimal combination of renewable energy sources and of district heating and coolinghigh-efficiency technologies when planning, designing, building and renovating industrial or residential areas.
2008/07/01
Committee: ITRE
Amendment 775 #

2008/0016(COD)

Proposal for a directive
Article 14 – paragraph 8 a (new)
8a. Member States shall assess the necessities to extend existing gas network infrastructure to facilitate the integration of gas from renewable sources on the basis of environmental, technical and economic criteria taking into account alternative ways of local valorisation.
2008/07/01
Committee: ITRE
Amendment 778 #

2008/0016(COD)

Proposal for a directive
Article 14 – paragraph 8 b (new)
8b. For injection in the transmission and distribution networks of gas from renewable sources, Member States shall define transparent and non- discriminatory rules for gas quality taking into account reliability, safety and public health criteria. Member States shall also define a non- discriminatory and transparent framework allowing transmission and distribution system operators to define, for each injection demand, the appropriate technical requirements. Member States shall finally set up rules for the bearing of responsibilities in terms of technical constraints’ monitoring, gas quality measurements and where appropriate odoration operation.
2008/07/01
Committee: ITRE
Amendment 963 #

2008/0016(COD)

Proposal for a directive
Article 18 – paragraph 4
4. For the purposes of demonstrating compliance with national renewable energy obligations placed on operators, the contribution made by biofuels produced from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification shall be considered to be twice that made by other biofuels.
2008/07/02
Committee: ITRE
Amendment 978 #

2008/0016(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c
(c) how, where applicable, Member States have structured their support schemes to take into account renewable energy applications that give additional benefits in relation to other, comparable applications, but may also have higher costs, including biofuels made from wastes, residues, non- food cellulosic material, and ligno- cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification;
2008/07/02
Committee: ITRE
Amendment 986 #

2008/0016(COD)

Proposal for a directive
Article 19 – paragraph 1 – point i
(i) the development and share of biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification;
2008/07/02
Committee: ITRE
Amendment 1093 #

2008/0016(COD)

Proposal for a directive
Annex VII – Part C – paragraph 6
6. Emissions from the extraction or cultivation of raw materials, eec, shall include emissions from the extraction or cultivation process itself; from the collection of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. Certified reductions of greenhouse gas emissions from flaring at oil production sites anywhere in the world shall be deducted. Estimates of emissions from cultivation may be derived from the use of averages calculated in accordance with data provided by the Intergovernmental Panel on Climate Change (IPCC), particularly with regard to N2O emissions, for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values.
2008/07/03
Committee: ITRE
Amendment 33 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 14
(14) This Directive should apply to the geological storage of CO2 within the territory of the Member States, their exclusive economic zones and on their continental shelves. The Directive should not apply to research projects. It should, however, apply to demonstration projects with a total intended storage of 1050 kilo tonnes or more. This threshold will allow existing or planned R&D pilot projects in Member States to be excluded from the scope of this Directive and would also seem appropriate for the purposes of other relevant Community legislation. The storage of CO2 in geological formations extending beyond the territorial scope of this Directive and the storage of CO2 in the water column should not be permitted.
2008/06/19
Committee: ITRE
Amendment 67 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 13
(13) The additional effort to be made by the European economy requires inter alia that the revised Community scheme operate with the highest possible degree of economic efficiency and on the basis of fully harmonised conditions of allocation within the Community. Auctioning shouldmust therefore be the basic principle for allocation, as it is the simplest and generally considered to be the most economically efficient system. This should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
2008/06/23
Committee: ITRE
Amendment 72 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 2100% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund, for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the TreatyIn addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme.
2008/06/23
Committee: ITRE
Amendment 82 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free allocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowances for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition.
2008/06/23
Committee: ITRE
Amendment 83 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 16 a (new)
(16a) Whether or not produced in combination with electricity, heat supplied for the use of industry, should receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection should receive free allowances to ensure equal treatment with regard to other producers of heat that are not covered by the community scheme.
2008/06/23
Committee: ITRE
Amendment 94 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 2100% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increaseing energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund, for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the TreatyIn addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme.
2008/07/08
Committee: ENVI
Amendment 100 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heatindustrial heat and gas supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
2008/06/23
Committee: ITRE
Amendment 112 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. Itshould be identified in the body of the directive. It is vital that this list should be able to be supplemented so that all industrial sectors and sub-sectors liable to this risk can be identified by 30 June 2009 at the latest. This list could be reviewed or supplemented subsequently so as to take into account - using the same criteria - the effects of changes in the global situation. The Commission should base its analysis on the assessment of the inabilidifficulty tof passing on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement. Comparable undertakings assumed between developed countries and the contributions of developing countries, particularly the most economically advanced developing countries, should be measurable, verifiable and reportable. The methods of measurement and verification should be recognised at international level.
2008/06/23
Committee: ITRE
Amendment 114 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free allocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowances for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition.
2008/07/08
Committee: ENVI
Amendment 129 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 16 a (new)
(16a) Whether or not produced in combination with electricity, heat supplied for use in industry, district heating or for other consumers should receive free allowances in the same proportion as those allocated to the industrial sectors. Whether or not produced in combination with electricity, heat supplied for the use of district heating complying with criteria equivalent to those of the Guidelines on State aid for environmental protection should receive 100% free allowances to ensure equal treatment with regard to other producers of heat that are not covered by the Community scheme.
2008/07/08
Committee: ENVI
Amendment 140 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – point h
h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or updated its greenhouse gas emission permit because of a change in its character or operation, or a significant extension of the installation itself, or of its capacity’s use, subsequent to the submission to the Commission of the list referred to in Article 11(1);";
2008/06/26
Committee: ITRE
Amendment 149 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u
[(u)] 'Electricity generator' means an installation or part of an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and which is only covered by the category 'Supply of power or heat' in Annex I. The supply of electricity under a purchase obligation shall not be considered a sale to a third party, unless the take-over tariff contains an adjustment mechanism enabling the price of allowances to be reflected in the tariff.
2008/06/26
Committee: ITRE
Amendment 152 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules (“benchmarks”) in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas- and energy -efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and should ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heatfor industrial heat and gas supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
2008/07/08
Committee: ENVI
Amendment 167 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10
1. From 2013 onwards, Member Statesa Community body shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows: (a) allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 2005 of the Member State concerned (b) allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa. For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007. If necessary, the percentages referred to in point (b) of the first subparagraph shall be adapted in a proportional manner to ensure that the redistribution is 10%. 3. At least 20% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used90% of the total quantity of 10% of the total quantity of 3. The EU shall use 100 % of the revenues generated from the auctioning of allowances for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and, Renewable Energy and Non-Carbon Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) development of clean energy vectors; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) for aid to some Member States to promote solidarity and growth in the Community, up to 10% of the revenue from the auctions for all these Member States, and for aid to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme. 4. Member States, up to [x% to be decided] of the total revenue from the auctions. 4. The Commission shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 20109, the Commission shall adopt a Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 23(3) on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. AThe auctions system shall be designed to ensure that operators, and a continuously liquid and transparent market. To ensure that these objectives are achieved, the above Regulation shall be based on the following particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermrinciples : - use of a single system, accessible from a distance, simple (one round), effective, available at an acceptable cost, and its integrity guaranteed by a single manager at Community level; - guaranteed access to the auction at minimal cost for any actor providing proof of solvency and holding an open account ine the operation of the auction. That measure, designed to amend non-essential eleallowances register; - the regulation shall lay down a timetable of volumes to be auctioned, consistent with deadlines for repayments of this Directive by supplementing it, shall be adopted in accordance with tallowances and with the undertakings’ financial constraints; this timetable shall exclude recourse to a single auction for the whole period. The rRegulatory procedure with scrutiny referred to in Article [23(3)]. ion shall provide for supervision of this market by an existing organisation or one to be set up, with a similar remit to that of supervisory bodies for raw materials markets.
2008/06/26
Committee: ITRE
Amendment 179 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify, in the text of this Directive, which energy -intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It. It is essential to allow for the possibility of additions to the list produced for the above purpose so as to ensure that all industry sectors or sub- sectors posing such a risk are identified by 30 June 2009 at the latest. The list may be revised or enlarged at a later stage in order to allow – on the basis of the same criteria – for the effects of changes in the global context. The Commission should base its analysis on the assessment of the inabilidifficulty tof passing on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determinemed to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Lleast Ddeveloped Ccountries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement. The comparable commitments entered into by developed countries and the contributions of developing countries, especially those which are most advanced economically, have to be measurable, verifiable, and notifiable. Measuring and verification methods should be recognised at international level.
2008/07/08
Committee: ENVI
Amendment 201 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. For sectors or branches of industry that are subject to ‘carbon leakage’, the proportion of allowances allocated free of charge shall be 100% until an international agreement has been reached that is considered satisfactory, under the criteria set out in Article 28(1) of this directive .
2008/06/26
Committee: ITRE
Amendment 218 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production.., except for cogeneration and electricity generation for own use.
2008/06/26
Committee: ITRE
Amendment 238 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point (b)
Directive 2003/87/EC
Article 3 – point (h)
(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emissions permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or a significant extension of the installation, or the use of its capacity, subsequent to the submission to the Commission of the list referred to in Article 11(1);
2008/07/10
Committee: ENVI
Amendment 244 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of Whether or not produced in combination with electricity, heat supplied for the use of industry shall receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection shall receive free allowances to ensure equal treatment with regard to other productioners of theat theat shall be adjusted by the linear factor referred to in Article 9are not covered by the EU ETS.
2008/06/26
Committee: ITRE
Amendment 250 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point (c)
Directive 2003/87/EC
Article 3 – point [(u)]
[(u)] 'Electricity generator' means an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and which is only covered by the category 'Supply of power or heat' in Annex I. The delivery of electricity with feed-in tariffs shall not be considered as sale to third parties, unless feed-in tariffs contain an adjustment mechanism allowing the price of CO2 allowances to be recovered.
2008/07/10
Committee: ENVI
Amendment 277 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 a (new)
By 30 June 2010 at the latest, the Commission shall publish the harmonised rules on allocation to new entrants and rules intended to optimise the industrial plant – pooling, closures, transfers within the EU – drawn up and adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).
2008/06/30
Committee: ITRE
Amendment 291 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6.deleted
2008/06/30
Committee: ITRE
Amendment 294 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows: (a) 90% of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 2005 of the Member State concerned; (b) 10 % of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa. For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007. If necessary, the percentages referred to in point (b) of the first subparagraph shall be adapted in a proportional manner to ensure that the redistribution isa Community agency shall auction all allowances which are not allocated free of charge in accordance with Article 10%a. 3. At least 20100 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used by the EU for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and, Renewable Energy, and Non-Carbon Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of the European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increaseing energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) to develop clean energy carriers; (d) for measures to avoid deforestation, in particular in Lleast Ddeveloped Ccountries; (e) to facilitate developing countries’ adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme. 4. Member States shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2010, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].” aid for certain Member States to promote solidarity and growth in the Community, amounting to not more than 10% of the auction proceeds for those Member States as a whole, and for aid to facilitate developing countries’ adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme, assigning up to [x%, to be determined] of the total auction revenue. 4. The Commission shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2009 at the latest, the Commission shall adopt a Regulation, in accordance with the regulatory procedure with scrutiny referred to in Article 23(3), on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. The auction system shall be so designed as to make for a continuously liquid and transparent market. To enable the above objectives to be achieved, the Regulation referred to in the first subparagraph must be based on the following principles: - a single system must be used, which must be accessible from a distance, effective, available at an acceptable cost, and headed by a single Community-level manager in order to guarantee its integrity; - auctions must be made accessible, at minimal cost, to any stakeholder furnishing proof of solvency and holding an open account in the allowances register; - the Regulation must lay down a schedule of volumes to be auctioned, consistent with the repayment deadlines applying to allowances and with the cash flow constraints imposed on firms; the schedule must rule out the possibility of a single auction for the whole of the period in question. The Regulation shall provide for the market to be supervised by an existing or future organisation, whose tasks shall be similar to those assigned to a commodity market supervisory body.
2008/07/14
Committee: ENVI
Amendment 315 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: – adjusting the proportion of1. Installations in energy-intensive sectors and sub-sectors whose installations consume electricity under the conditions laid down in Article 2, subparagraph 4b, paragraphs 3 and 4 of Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity shall benefit from compensation for the cost of carbon contained in the price of the electricity they buy in the form of free allocations known as ‘compensatory allocations for indirect emissions’. This provision shall apply in the absence of a satisfactory international agreement within the meaning of Article 28(1) applicable to installations of this type. The gross amount of these compensatory allocations for indirect emissions shall be equal to the product of the annual electricity consumption of the installations concerned and the average amount of carbon emissions in the European Union associated with marginal electricity production (coal base), i.e. 0.9 t/MWh. Annual electricity consumption shall mean the average verified electricity consumption over the last three years. The net amount of compensatory allocations for indirect emissions shall be calculated, for each installation, by applying a weighting to the gross amount corresponding to the divergence from the reference energy performance for each industrial process in question. The compensatory allocations for indirect emissions shall be subtracted, for each Member State, from the volume of allocations subject to auctioning in respect of the electricity producers. 2. As from 1 January 2013, importers and exporters of products determined in accordance with the conditions laid down in paragraph 3 below and for which a methodology has been established in accordance with the conditions laid down in paragraph 4 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 4. The products giving rise to the application of the provisions of paragraph 2 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of the most economically advanced developing countries, have not put in place appropriate new actions measured, verified and communicated in accordance with internationally recognised methods. 3. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 4, the Commission may require producers to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading scheme which are associated with the manufacture of each product or category of products. 4. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 5. The total quantity of allowances which the authorised Community body may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 2, and reduced by the quantity of allowances received by exporters pursuant to that same paragraph. 6. The additional auction revenue generated by the requirement for importers to surrender allowances shall be paid into an EU R&D fund for energy and the fight against climate change. 7. To meet their surrender requirement under paragraph 2, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading scheme of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community scheme. 8. By 30 June 2010 at the latest, the Commission shall adopt provisions, in accordance with the procedure laid down in Article 23(2), allowing exporters of the goods determined in point 2 above to receive allowances freceived free of charge by those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address e of charge from the Community registry for Community exports from 1 January 2013. A reserve of allowances shall be created to that effect with a volume of x% (x<2%) of the total amount of allowances in the Community. 9. By 30 June 2009 the Commission shall carry out a study into the legal issues to be taken into account to ensure that this instrument is compatible with international trade law. Where appropriate, the Commission shall also draw up a plan and timetable for communicating and discussing with the other countries concerned the means for dealing as satisfactorily as possible with the problems identified. 10. Not later than June 2010, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals for adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 2 to 10. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.
2008/06/30
Committee: ITRE
Amendment 374 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, and provided that the emissions are the result of the industrial process concerned, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage in each sector, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, with the exception of cogeneration installations and private electricity production. Until such time as an international agreement has been reached, energy- intensive industries operating in the EU shall receive, in keeping with a benchmark based on the criteria for the best available techniques (EU BATs) which are technically feasible, free allocations in accordance with the EU ceiling. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement.
2008/07/15
Committee: ENVI
Amendment 377 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 28
1. Upon the conclusion by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall apply. 2. From the year following the conclusion of the international agreement referred to in paragraph 1,the Commission shall carry out a comprehensive impact assessment of the economic effects of the procedures for implementing these reductions and on the effects of other measures adopted in the international agreement. The impact assessment shall also determine whether the following conditions have been met : - the international agreement commits all countries possessing or likely to develop production in the sector concerned by this directive; - the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. 3. Operators may use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the agreement, up to half of the reduction takternational agreement imposes: o in the developed countries, for the sectors mentioned in Annex I of this directive, equivalent restrictions to those imposed in the European Union; o in the developing countries, particularly the most economically advanced ones, for the sectors mentioned in Annex I of this directive, an adequate contribution according to their responsibilities and respective capacities; - the commitments by the developed countries and the contributions by the developing countries, particularly the more economically advanced ones, shall be: o measured and verified in accordance with internationally recognised methods, and o reported. 2. From the year following the entry into force of the international agreement referred to in paragraph 1, and in the light of the results of the impact assessment provided for in that same paragraph, particularly if the three conditions referred to therein have been met, the Commission shall propose an amended factor so that the fraction of the Community quantity of allowances in 2020, pursuant to Articles 9 and 9a, contributes to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement will commit the Community. international 4. In the light of the results of the impact assessment provided for in paragraph 1 of this article, ing place in accordance with paragraph 2. 4. Tarticular if the three conditions referred to therein have been met, the Commission may adopt measures to provide for the use of additional project types by operators in the Community schemea to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].
2008/06/30
Committee: ITRE
Amendment 440 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regardWhether or not produced in combination with electricity, heat supplied for use in industry, district heating or other consumers shall receive free allowances in the same proportion as those allocated to the industrial sectors. Whether or not produced in combination with electricity, heat supplied for the use of district heating complying with criteria equivalent to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of ose set out under the Guidelines on State aid for environmental protection, paragraph 51, shall receive 100% free allowances to ensure equal treatment with regard to other productioners of theat theat shall be adjusted by the linear factor referred to in Article 9are not covered by the Community scheme.
2008/07/15
Committee: ENVI
Amendment 499 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 a (new)
At the latest by 30 June 2010, the Commission shall publish the harmonised rules governing the allocation of allowances to new entrants and those corresponding to the optimisation of the existing industrial fabric - pooling, closures, transfers within the EU - drawn up and adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).
2008/07/15
Committee: ENVI
Amendment 523 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6.deleted
2008/07/15
Committee: ENVI
Amendment 546 #

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9
9. At the latest by 30 June 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3) In the determination referred to in the first subEach year, on the basis of new market information, any sector not included in Annex 1a may ask the Commission to consider the case for it to be classified as exposed to a risk of carbon leakage. In the determination of the sectors referred to in paragraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account, profitability, or investment opportunities to the same sector or sub-sector established in countries which are not part of the European Union and which do not impose comparable constraints on emissions. The relevant criteria shall include the following: (a) the extent to which auctioning would lead to a substantial increase in production cost in industries which are highly CO2 intensive per unit of sales; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) the present and projected market structure, relevant geographic and product market, the exposure of the sectors to international competition, taking CO2 and transport costs into account; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (e) the effect of passing on the cost of CO2 in electricity prices to the sector or sub- sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installationsectors concerned may inter alia be used.
2008/07/15
Committee: ENVI
Amendment 586 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the sit1. As from 1 January 2013, importers and exporters of goods determined in accordance with the conditions laid down in paragraph 2, and for which a methodology has been established in accordance with the conditions laid down in paragraph 3 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 3. The products giving rise to the application of the provisions of paragraph 1 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of the most economically advanced developing countries, have not put in place appropriate new actions measured, verified and communicated in accordance with internationally recognised methods. 2. In the light of the outcome of the international negotiations, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall establish, by 30 June 2010, a list of the countries of origin referred to in paragraph 1. Also in the context of the procedure provided for in Article 23(2), the Commission shall establish a list of the sectors and sub-sectors, from among those referred to in Annex 1, and of the products, to which this article shall apply, by assessing the risk of emissions leakage based on the sectors referred to in Article 10a(8). Installations in energy-intensive sectors and sub-sectors whose installations consume electricity under the conditions set out in Article 2(4)(b), indents 3 and 4 of Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity shall be included in the list of installations in Annex 1 on the basis of their indirect emissions. Paragraph 1 shall not apply to imports of goods produced in countries or regions linked to the EU emissions trading scheme under the provisions of Article 25. 3. The quantity of allowances which importers shall be required to surrender shall be equivalent to the difference between: - on the one hand, the average greenhouse gas emission per tonne produced resulting from the Community- wide production of the goods concerned, multiplied by the tonnage of imported goods. In this second calculation, the average emission may be replaced by a more favourable emission factor if the importer is able to provide proof, on the basis of an audit carried out by a verifying entity accredited by the European Union, that the production process at the origin of his products produces lower emissions than the European average; - and, on the other hand, the average quantity of free allowances for the production of those products Community- wide. The difference between the first and second aggregate shall determine, if positive, the quantion with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10aty of allowances which the importers are required to surrender, or, if negative, the quantity which they may receive free of charge. To determine the average quantity of greenhouse gas resulting from the Community-wide production of various goods or categories of goods, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall take into account the reported emissions, verified in accordance with the conditions laid down in Article 14. 4. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 3, the Commission may require operators to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading system which are associated with the manufacture of each product or category of products. 5. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 6. The total quantity of allowances which the authorised Community body may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 1, and reduced by the quantity of allowances received by importers pursuant to that same paragraph. 7. The additional auction revenue generated by the requirement for importers to surrender allowances shall be paid into a European Union fund for energy research and development and the combating of climate change. 8. To meet their surrender requirement under paragraph 1, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading system of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community system. 9. By 30 June 2010 at the latest, the Commission shall adopt provisions, in accordance with the procedure laid down in Article 23(2), allowing exporters of the goods determined in paragraph 2 above to receive allowances free of charge from the Community registry, for Community exports from 1 January 2013. A reserve of allowances shall be created to that effect, with a volume of less than 2% of the total amount of allowances in the Community. 10. By 30 June 2009 the Commission shall carry out a study into the legal issues to be taken into account to ensure that the provisions of paragraph 9 above are compatible with international trade law. Where appropriate, the Commission shall also draw up a plan and timetable for communicating and discussing with the other countries concerned the means for dealing as satisfactorily as possible with the problems identified. 11. Not later than June 2010, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals for adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 1 to 9. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.
2008/07/15
Committee: ENVI
Amendment 699 #

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 19
Directive 2003/87/EC
Article 24 a
1. In addition to the inclusions provided for in Article 24, the Commission mayshall, by 30 June 2011, adopt implementing measures for issuing allowances in respect of projects administered by Member States or by the Commission that reduce greenhouse gas emissions or enhance carbon dioxide removals outside of the Community scheme. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. PSuch provisions shall onlynot be adopted where inclusion is notimmediately possible in accordance with Article 24, and the next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community. 2. The Commission may adopt implementing measures that set out the details for crediting Community-level projects referred to in paragraph 1. Those measures, designed to amend non– essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].
2008/07/17
Committee: ENVI
Amendment 739 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 21
Directive 2003/87/EC
Article 28
1. Upon the conclusion by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall apply. 2. From the year following the conclusion of the international agreement referred to in paragraph 1,the Commission shall conduct an exhaustive impact study on the economic consequences entailed in the measures to be taken to implement the above reductions and on the other measures laid down in that international agreement. The impact study shall establish whether the following conditions are met: - the international agreement must be binding on all countries which have or are likely to develop production in the sectors covered by this Directive; - the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalternational agreement - must make developed countries subject, as regards the sectors referred to in Annex I to this Directive, to constraints equivalent to those imposed in the European Union; - must, as regards the sectors referred to in Annex I to this Directive, require developing countries, especially those which are most advanced economically, to make a contribution commensurate with their specific responsibilities and their respective capabilities; - the commitments to the overall reduction of greenbe entered into by developed countries and the contributions required of developing countries, especially thouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. 3. Operators may use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the international agreement, up to half of the reduction takwhich are most advanced economically, must be - measured and verified by methods recognised at international level, - and communicated. 2. From the year following the entry into force of the international agreement referred to in paragraph 1, and in the light of the findings of the impact study provided for in that paragraph, in particular as to whether the three conditions set out above are satisfied, the Commission shall propose an adjusted factor so that the fraction of the Community quantity of allowances issued in 2020 pursuant to Articles 9 and 9a contributes to the overall reduction of greenhouse gas emissions by the Community, to a level exceeding 20%, to which the international agreement will have committed the Community. 4. In the light of the findings of the impact study provided for in paragraph 1, ing place in accordance with paragraph 2. 4. Tarticular as to whether the three conditions specified in that paragraph are satisfied, the Commission may adopt measures to provide for the use of additional project types by operators in the Community scheme to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].”
2008/07/17
Committee: ENVI
Amendment 798 #

2008/0013(COD)

Proposal for a directive – amending act
Annex I - point 3 - point (c) - point (i)
Directive 2003/87/EC
Annex I - table - category 3 - paragraph 1
Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime including the calcination of dolomite and magnesite in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day.per day, with the exception of operations for the recovery of hazardous and non-hazardous waste as defined by Annex IIB to Directive 91/156/EEC;
2008/07/18
Committee: ENVI
Amendment 129 #

2007/0286(COD)

Proposal for a directive
Article 8 – point 1
(1) that the operator provides the competent authority with a reporten-year assessment onf compliance with the permit conditions at least every twelve months;
2008/10/08
Committee: ENVI
Amendment 283 #

2007/0286(COD)

Proposal for a directive
Article 25 – paragraph 7 – subparagraph 2
The report shall be notified to the operator concerned and made publicly availablewithin two months after the inspection takes place. The report, the observations of the operator concerning the inspection report and a summary of the corrective and preventive action plan of the operator shall be published within twoelve months at the maximum after the inspection takes place.
2008/09/25
Committee: ENVI
Amendment 409 #

2007/0286(COD)

Proposal for a directive
Annex I – point 6.4. – point b – subpoint ii
(ii) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis)
2008/09/30
Committee: ENVI
Amendment 412 #

2007/0286(COD)

Proposal for a directive
Annex I – point 6.4. – point b – subpoint iii
(iii) a mix of animal and vegetable raw materials with a finished product production capacity in tonnes per day greater than: – 75 if A is equal to 10 or more; or – [300- (22.5 x A)] in any other case where ‘A’ is the portion of animal material (in percent) ofwhere the quantity of vegetable raw materials contained in the finished product production capacity has to be divided by 4.
2008/09/30
Committee: ENVI
Amendment 112 #

2007/0247(COD)


Recital 5
(5) When conducting market analyses, NRAs should seek to ensure that regulation facilitates the widespread deployment of infrastructure as far as is economically viable and enables consumers in all geographic areas to benefit from effective competition. In order to ensure a proportional and adapted approach to varying competitive conditions national regulatory authorities may define markets on a subnational basis and/or lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.(geographic markets where there is effective infrastructure competition. When assessing which access obligations are most appropriate in facilitating efficient investment and effective competition, national regulatory authorities should, where practicable, take into account any different conditions existing in the different geographic areas within their Member States, whilst protecting consumer interests, including those of rural communities, and the single market.
2009/03/16
Committee: ITRE
Amendment 117 #

2007/0247(COD)


Recital 14 b (new)
(14b) When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, national regulatory authorities should be able to set, if applicable, terms and conditions for access over a sufficient period of time to provide planning certainty to investors. These terms and conditions may include pricing arrangements which depend on volumes or length of contract, provided that such arrangements are in accordance with Community law. However, pricing arrangements should not be permitted where they would have the effect of discriminating in favour of the operator with significant market power, including through margin squeeze, raising barriers to entry or otherwise impeding the development of effective competition in services to consumers and businesses. In view of the size of investments needed for new and enhanced infrastructure, co- operation agreements between market players may accelerate and strengthen the roll-out of next generation networks to the benefit of consumers, provided that competition is safeguarded, including through the imposition of access obligations as necessary.
2009/03/16
Committee: ITRE
Amendment 139 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequenciesas far as possible.
2008/05/28
Committee: ITRE
Amendment 142 #

2007/0247(COD)


Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
(d) promoting efficient investment and innovation in new and enhanced infrastructures, including by taking into account investment riskensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings;
2009/03/16
Committee: ITRE
Amendment 155 #

2007/0247(COD)


Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involvedany risks specific to a particular new investment network project whilst ensuring that pricing arrangements are compatible with protecting effective competition.
2009/03/16
Committee: ITRE
Amendment 159 #

2007/0247(COD)


Article 2 – point 10
Directive 2002/19/EC
Article 13 a – paragraph 1
1. Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 9 to 13 have failed to achieve effective competition and that there are important and persisting competition problems/market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure in accordance with the provisions of the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
2009/03/16
Committee: ITRE
Amendment 160 #

2007/0247(COD)


Article 2 – point 12 – point e
Directive 2002/19/EC
Annex II – part A – point 1 – point c (new)
(c) in circumstances where unbundled access is not technically or economically feasible, appropriate obligations offering equivalent functionality.
2009/03/16
Committee: ITRE
Amendment 188 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 50
(50) In order to ensure equal treatment, no spectrum users should be exempted from the obligation to pay the normal fees or charges set for the use of the spectrum.deleted
2008/05/28
Committee: ITRE
Amendment 284 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
(6a) The following Article is inserted: ‘Article -7a Procedure for the consistent application of remedies 1. Where a national regulatory authority intends to take a measure to impose, amend or withdraw an obligation on an operator in application of Article 16 in conjunction with Article 5, Articles 9 to 13 and Articles 13a and 13b of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission and the national regulatory authorities in the other Member States shall have a period of one month from the date of notification of the draft measure in which to make comments to the national regulatory authority concerned. 2. If the draft measure concerns the imposition, amendment or withdrawal of an obligation other than those laid down in Articles 13a and 13b of Directive 2002/19/EC (Access Directive), the Commission may, automatically or at the request of an interested undertaking or a trade association, within the same period, notify the national regulatory authority concerned and BERT of the reasons why it considers that the adoption of the draft measure would create a barrier to the single market or why it has serious doubts as to its compatibility with Community law. In such case, the draft measure shall not be adopted for a further two months following the Commission's notification. In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission or by any other national regulatory authority. 3. Within the two month period referred to in paragraph 2, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants expressed during a public consultation and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should be amended and providing specific proposals to that end. This opinion shall be made public. If BERT has issued a reasoned opinion indicating that the draft measure should be amended, the Commission may, taking utmost account of this opinion, adopt a reasoned decision requiring the national regulatory authority concerned to amend the draft measure and providing specific proposals to that end. If BERT has issued a reasoned opinion confirming the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 4. If the draft measure concerns the imposition, amendment or withdrawal of an obligation laid down in Article 13a or Article 13b of Directive 2002/19/EC (Access Directive), the draft measure shall not be adopted for a further two months after the end of the period referred to in Article 7(3). Within this two month period, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants expressed during a public consultation and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should not be applied. This opinion shall be made public. Only if the Commission and BERT confirm the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 5. Within three months of the adoption by the Commission, in accordance with paragraph 3, of a reasoned decision requiring the national regulatory authority concerned to amend the draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with Article 7.’
2008/05/30
Committee: ITRE
Amendment 390 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation DirectiveThis article does not apply to restrictions introduced by the Member States in order to promote cultural and media policy objectives, for example cultural and linguistic diversity and media pluralism.
2008/06/03
Committee: ITRE
Amendment 430 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market, and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
2008/06/03
Committee: ITRE
Amendment 431 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa;
2008/06/03
Committee: ITRE
Amendment 436 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa;
2008/06/03
Committee: ITRE
Amendment 443 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or intended by Member States to be used for broadcasting services;
2008/06/03
Committee: ITRE
Amendment 454 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;
2008/06/03
Committee: ITRE
Amendment 464 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism.deleted
2008/06/04
Committee: ITRE
Amendment 469 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to the promotion of cultural and linguistic diversity and media pluralism.
2008/06/04
Committee: ITRE
Amendment 477 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
These measures referred to in points (a) to (c) of paragraph 1, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSCP.
2008/06/04
Committee: ITRE
Amendment 755 #

2007/0247(COD)

Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
AnyWhere individual rights to use radio frequencies that isare granted for ten years or more and that may cannot be transferred or leased between undertakings as allowed by Article 9b of the Framework Directive shall, every five years and for the first time five years after its issuance, be subject to a review in the light of the criteria in paragraph 1. If the criteria to grant individual rights of use, the national regulatory authority shall ensure the means to enable it to verify that the criteria to grant individual rights of use are still being applied and respected for the duration of the license. If these criteria are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice of not more than five years from the conclusion of the reviewand after a reasonable time has elapsed, or shall be made freely transferable or leaseable between undertakings. When such a decision is taken, due account shall be taken of the need to grant an appropriate period for amortization of investment.
2008/06/10
Committee: ITRE
Amendment 830 #

2007/0247(COD)

Proposal for a directive – amending act
Annex II
Directive 2002/20/EC
Annex II – point 1 – point d
(d) (d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to the mechanisms provided for by the Member States with a view to replacing the user rights obligation by an obligation to meet specific general interest objectives;
2008/06/10
Committee: ITRE
Amendment 80 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 - point (a)
(a) technical and market codeopinions and recommendations ion the areas mentioned in paragraph 3draft guidelines and draft codes referred to in Article 2e;
2008/04/14
Committee: ITRE
Amendment 91 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codescodes developed in accordance with Article 2eb, a plan on coordination ofmmon operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
2008/04/14
Committee: ITRE
Amendment 99 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
3. The detailed technical and market codes shall cover the following areas, according to the priorities defined in the annual work programme: (a) security and reliability rules; (b) grid connection and access rules; (c) data exchange and settlement rules; (d) interoperability rules; (e) operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for trading; (h) transparency rules; (i) balancing rules including rules on nominations procedures, rules for imbalance charges and rules for operational balancing between transmission system operators systems; (j) rules regarding harmonised transportation tariff structures; (k) energy efficiency regarding gas networks.deleted
2008/04/14
Committee: ITRE
Amendment 109 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e)Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Gas.
2008/04/14
Committee: ITRE
Amendment 124 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
6. Upon request of the Commission, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoption of Guidelines as laid down in Article 9.deleted
2008/04/14
Committee: ITRE
Amendment 134 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 – subparagraph 1
2. The European Network of Transmission System Operators for Electricity shall submit the draft technical and market codes,its opinions and recommendations on the guidelines and the draft codes, as well as the draft 10-year investment plan and the draft annual work programme, including the information regarding the related consultation processes, to the Agency.
2008/04/14
Committee: ITRE
Amendment 143 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Establishment and evaluation of technical and market codes 1. After consulting the Agency, the Commission may invite the European Network of Transmission System Operators for Gas, within a reasonable period of time, to prepare codes in the areas listed in Article 2c(3) where it considers that such codes are necessary for the efficient functioning of the market. 2. The Agency shall provide a duly justified opinion to the Commission where it consiGuidelines and codes 1. The Commission shall mandate the Agency to develop guidelines and adopt codes to harmonise technical and market rules with the view to facilitating market integration. 2. The guidelines and coders that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the marketmay in particular cover the following areas: (a) security and reliability rules; (b) grid connection and access rules; (bc) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3)data exchange and settlement rules; (d) interoperability rules; (ce) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). 3. The Commission may adopt, on its own initiative or upon recommendation of the Agency, guidelines on the areas listed in Article 2c(3) when it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3)operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for cross-border intra-day markets with harmonised gate closures; (h) rules for trading, ensuring in particular the development of secondary markets for cross-border transmission rights and the security of transmission rights; (i) transparency rules; (j) balancing rules including storage rules; (ck) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). 4. Paragraph 3 shall be without prejudice to the Commission's right to adopt and amend guidelines as laid down in Article 9rules regarding harmonised transportation tariff structures including locational signals and inter-TSO compensation rules; (l) energy efficiency regarding gas networks.
2008/04/14
Committee: ITRE
Amendment 162 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in gas. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, set out in Article 2c. 3. In the drafting of these guidelines, the Agency shall consult extensively, in an open and transparent manner and shall keep ENTSOG and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation results. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
2008/04/14
Committee: ITRE
Amendment 163 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSOG to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSOG shall take into consideration technical expertise from market participants and shall keep them informed. 3 ENTSOG shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the initiative of the Agency or at the request of the ENTSOG, the existing codes may be revised following the same procedure
2008/04/14
Committee: ITRE
Amendment 167 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.
2008/04/14
Committee: ITRE
Amendment 172 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gasguidelines and codes, the Agency shall indicate the observations received in the consultation and how these observations are taken into consideration. It shall give a reasoned opinion where observations have not been taken into account.
2008/04/14
Committee: ITRE
Amendment 256 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Regulation (EC) No 1775/2005
Article 9 – title
(13a) The title of Article 9 is replaced by the following: "Guidelines relating to the inter- transmission system operator compensation mechanism"
2008/04/14
Committee: ITRE
Amendment 262 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point h
(h) details on the topics listed in Article 2c(3)deleted
2008/04/14
Committee: ITRE
Amendment 53 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2c – paragraph 4
4. The Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Electricity shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e).
2008/04/07
Committee: ITRE
Amendment 86 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in electricity. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, as set out under Article 2c . 3. In the drafting of these guidelines, the Agency shall consult extensively in an open and transparent manner and shall keep ENTSO and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
2008/04/07
Committee: ITRE
Amendment 88 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSO to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSO shall take into consideration technical expertise from market participants and shall keep them informed. 3. ENTSO shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft codes. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the Agency own initiative or at the request of the ENTSO, a revision of the existing codes may be undertaken following the same procedure.
2008/04/07
Committee: ITRE
Amendment 149 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3 – point h
h) details on the topics listed in Article 2c (3).deleted
2008/04/07
Committee: ITRE
Amendment 78 #

2007/0197(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a Consultation The Agency shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner, in particular with regard to its task vis-à-vis TSOs.
2008/04/01
Committee: ITRE
Amendment 85 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Agency may provide an opinion toshall approve the 10-year investment plan of the European Networks of Transmission System Operators for Electricity as provided fornd Gas, referred to in Article 2d(2)c of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2)c of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan, ensuring non-discrimination, effective competition and the efficient and secure functioning of the market.
2008/04/01
Committee: ITRE
Amendment 88 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Agency may provide an opinion to theAfter consultation with all stakeholders following Article 5a, the Agency shall prepare Strategic Guidelines for European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and tofor the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 oin the technical or market codes, on the draft annual work programme and the draft 10-year investment planareas listed in Article 2c(3) and (5) of Regulation (EC) 1228/2003 and in Article 2c(3) and (5) of Regulation (EC) 1775/2005. These Strategic Guidelines shall ensure non-discrimination, effective competition and the efficient functioning of the market. Once prepared, the Agency shall transmit the draft Strategic Guidelines to the Commission, which may adopt these Strategic Guidelines in accordance with the regulatory procedure with scrutiny referred to in Article 13(2) of Regulation (EC) 1228/2003 and Article 14(2) of Regulation (EC) 1775/2005 .
2008/04/01
Committee: ITRE
Amendment 96 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. The Agency, having regard to the priority list drawn up by the Commission, shall, at the request of the Commission, develop draft guidelines to be followed by the ENTSOs in the preparation of codes and other tasks set out under Article 2c of Regulation (EC) No 1228/2003 and in Article 2c of Regulation (EC) No 1775/2005. In the drafting of the above mentioned guidelines the agency shall consult extensively. The Agency shall submit the draft guidelines to the Commission which shall submit them to the Committee referred to in Article 13 (1) for their final adoption in accordance with the procedure referred to in Article 13(2) of Regulation(EC) No 1228/2003 and in Art.13(2) of Regulation (EC) No 1775/2005. The ENTSOs shall prepare draft codes in a way that meets the objectives and any criteria set out in the Guidelines as adopted according to the above mentioned procedure. The Agency shall finalize and adopt the draft codes prepared by ENTSOs and shall be responsible also for monitoring their implementation by the ENTOs.
2008/04/01
Committee: ITRE
Amendment 99 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. After consultation with all stakeholders following Article 5a, the Agency shall prepare Strategic Guidelines on market codes. Once prepared, the Agency shall transmit the draft Strategic Guidelines on market codes to the Commission, which may adopt these Strategic Guidelines in accordance with the regulatory procedure with scrutiny referred to in Article 13(2) of Regulation (EC) 1228/2003 and Article 14(2) of Regulation (EC) 1775/2005.
2008/04/01
Committee: ITRE
Amendment 106 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3 b (new)
3b. The Agency shall approve the documents prepared by the European Networks of Transmission System Operators provided for in Article 2c 1 (a) – (f) of Regulation (EC) 1228/2003 and in Article 2c 1 (a) – (f) of Regulation (EC) 1775/2005.
2008/04/01
Committee: ITRE
Amendment 107 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 3 b (new)
3b. The Agency shall coordinate exchanges between European transmission operators and third-country transmission operators.
2008/04/01
Committee: ITRE
Amendment 114 #

2007/0197(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a draft technical or market code does not ensure non- discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code.
2008/04/01
Committee: ITRE
Amendment 135 #

2007/0197(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. The Agency shall promote efforts to give practical shape to the guidelines on trans-European energy networks as laid down in Decision No 1364/2006/EC of the European Parliament and of the Council. In particular, the Agency shall into take account those guidelines when it approves the 10-year investment plans provided for in Article 6(3).
2008/04/01
Committee: ITRE
Amendment 137 #

2007/0197(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a Time limit for decisions on exemptions If the Agency doesn’t adopt a decision in the matters where the Agency has, according to Art. 8 of this Regulation, binding powers, within the maximum time-limit of three months from the date of the request by the interested parties, the decision shall be taken by the European Commission.
2008/04/01
Committee: ITRE
Amendment 139 #

2007/0197(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a 1. When it publishes its annual report, the Agency shall identify the EU’s storage requirements, in both cyclical and security terms, and shall set out guidelines on investment in production and transmission infrastructure. 2. The Agency shall coordinate at European level the national energy crisis management mechanisms. 3. The Agency shall coordinate exchanges between European operators and third- country operators.
2008/04/01
Committee: ITRE
Amendment 155 #

2007/0197(COD)

Proposal for a regulation
Article 9 – paragraph 3 a (new)
3a. The members of the Administrative Board shall be independent from national governments.
2008/04/01
Committee: ITRE
Amendment 184 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Board of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a ofthe Heads of the national regulatory authorities or their representative pursuant to Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. The national regulatory authority shall nominate one alternate per Member StateOnly one representative per Member State from the national regulatory authority may be admitted to the Board of Regulators.
2008/04/01
Committee: ITRE
Amendment 205 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 6 a (new)
6a. The European Parliament and the Council may call upon the Chair of the Board of Regulators to submit a report on the performance of his duties.
2008/04/01
Committee: ITRE
Amendment 215 #

2007/0197(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Board of Regulators shall provide an opinionits assent to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks.
2008/04/01
Committee: ITRE
Amendment 222 #

2007/0197(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The Board of Regulators shall deliver an opinionits assent on the candidate to be appointed as Director in accordance with Article 10(1) and Article 13(2). The Board shall reach this decision on the basis of a three-quarter majority of its members.
2008/04/01
Committee: ITRE
Amendment 228 #

2007/0197(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The Agency shall be managed by its Director, who shall act independently in the exercise of his function accordance with decisions adopted by the Board of Regulators. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall not seek or accept any instruction from any government or from any body.
2008/04/01
Committee: ITRE
Amendment 62 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 10
(10) The setting up of system operators independent from supply and production interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator, or efficient and effective unbundling is implemented, and detailed regulation and extensive regulatory control mechanisms are put in place.
2008/04/07
Committee: ITRE
Amendment 72 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling, effective and efficient unbundling, and, as a derogation, setting up system operators which are independent from supply and production interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and production business, provided that the requirements resulting from ownership unbundling are complied with.
2008/04/07
Committee: ITRE
Amendment 196 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5b – paragraph 1 a (new)
1a. When the cooperation between several Member States at a regional level encounters significant difficulties, the Commission may designate, in agreement with the Member States concerned, a regional coordinator. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in drawing up their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in drawing up common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress."
2008/04/10
Committee: ITRE
Amendment 198 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 3 a (new)
Directive 2003/55/EC
Article 6 a (new)
(3a) The following Article shall be inserted: "Article 6a Vertically integrated undertakings In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply either with the provisions of Article 7(1) (a) to (d) and Article 9 or with the provisions of Article 9b."
2008/04/10
Committee: ITRE
Amendment 274 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9 b (new)
(8a) The following Article shall be inserted: "Article 9b Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operator shall own assets necessary for the regular business of gas transmission; (ii) transmission system operator shall employ personnel necessary for the regular business of gas transmission; (iii) the sharing of the staff and the rendering of services between branches of a vertically integrated undertaking performing functions of production or supply, shall be limited to cases where there is no risk of discrimination and shall be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (iv) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of gas transmission mentioned in paragraph 1 shall include at least the following: – representation of the transmission system operator and contacts with third parties and national regulatory authorities, – granting and managing third party access to the network, – collection of the access charges, congestion rents, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operator's accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 6. Decisions on the appointment and on early premature termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and on conclusion and early termination of respective employment agreements with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used it's right of veto. A veto may be used if the appointment and conclusion of the respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and of the respective agreements with these persons, the right of veto may be used if serious doubts exist regarding the basis and justification of such early termination. 7. Rights of appeal to the national regulatory authority or to another competent national public authority or to a court shall be guaranteed to the members of the management of the transmission system operator in case of early termination of their employment. 8. After the termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of production or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. /Remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 24c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission gas pipelines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of production or supply. 13. The supervisory board / board of directors of transmission system operator shall also include independent members, appointed for at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is does not participate in any business with, or has no other relationship with, the vertically integrated undertaking, its controlling shareholders or the management of either, that would create a conflict of interest , in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of production and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. This programme shall set out specific obligations of employees of the transmission system operators to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) preparing an annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by terms of the employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and national regulatory authorities. 19. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the network, including the collection of access charges and congestion rents; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including transmission system operator's flexibility needs; (iv) energy purchases in order to cover transmission system operator's needs. 20. During these meetings, the compliance officer shall prevent information about customers or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the assigned tasks. 22. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority. V. Grid development and powers to make investment decisions 23. Transmission system operators shall prepare a 10-year network development plan at least every two years. They shall take efficient measures in order to guarantee system adequacy and security of supply. 24. The 10-year network development plan shall in particular: (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; (b) contain all investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. 25. In order to prepare the draft of this plan, each transmission system operator shall makes reasonable hypothesis about the evolution of supply, consumption and exchanges with other countries, and shall take into account regional and European- wide existing network investment plans. Transmission system operator shall submit in due time the draft of the plan to the competent national body. 26. The competent national body shall consult the draft of the plan with all relevant network users in an open and transparent manner and may publish the result of the consultation, in particular possible needs for investments. 27. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified within the consultation. The competent national body may oblige the transmission system operator to modify its plan. 28. The competent national body within the meaning of paragraphs 25, 26 and 27, may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by transmission system operators. In the latter case, transmission system operators shall submit the drafts of their statutes, the list of members and the rules of procedure to the approval of the competent national public authority. 29. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan in the next three years, Member States shall ensure that the national regulatory authority or any other competent national public authority have the power to take one of the following measures: (a) to request, by all legal means, the transmission system operator to execute its investment obligations using its financial capacities, or (b) to invite independent investors to tender for the necessary investment in the transmission system and, at the same time, may oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party, or to build, the respective new assets and – to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 30. Competent national public authority shall monitor and evaluate the implementation of the investment plan. VI. Regional cooperation 31. When the cooperation between several Member States at a regional level encounters significant difficulties, the Commission may designate, in agreement with the Member States concerned, a regional coordinator. 32. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, gas exchanges, network users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in preparation of their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in order to elaborate common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress."
2008/04/10
Committee: ITRE
Amendment 289 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 11
Directive 2003/55/EC
Article 15
This directive shall not prevent the operation of a combined transmission, LNG, storage and distribution system operator provided it complies, for each of its activities, with the applicable provisions of Articles 7, 9a, 9b and 13(1).
2008/03/31
Committee: ITRE
Amendment 360 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24a – paragraph 3 – point (a)
(a) the regulatory authority has legal personality, budgetaryfinancial autonomy, and adequate human and financial resources to carry out its duties;
2008/03/31
Committee: ITRE
Amendment 361 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24a – paragraph 3 – point (b)
(b) its management is appointed for a non renewable fixed term of at least five years, andterm of at least five years and at most ten years; any appointment for a term of five years only shall be renewable once, while any longer term of office shall be non- renewable; the management may only be relieved from office during its term if it no longer fulfils the conditions set out in this Article or it has been guilty of serious misconduct.
2008/03/31
Committee: ITRE
Amendment 393 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (g)
(g) monitoring network security and reliability, and reviewingsetting or approving standards and requirements for quality of service and supply and reviewing performances for quality of service and supply, network security and reliability rules;
2008/03/31
Committee: ITRE
Amendment 408 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensumonitoring high standards of public service for natural gas, the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective;
2008/03/31
Committee: ITRE
Amendment 415 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l a) (new)
"(la) ensuring that customer protection measures set out in Annex A are effective;"
2008/03/31
Committee: ITRE
Amendment 417 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
(n) ensuringstablishing standardised procedures on relationships between final customer and supplier or distributor, or metering system operator, which would deal at least with access to customer consumption data, the application of a harmonised format for consumption data and the access to data under paragraphoint (h) of Annex A;
2008/03/31
Committee: ITRE
Amendment 454 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs, and terms, conditions and and methodologies for their calculation, or alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs, and terms, conditions and tariffs for access to LNG facilities including methodologies for their calculation, or alternatively, the methodologies and their monitoring for setting or approving the tariffs for access to LNG facilities. These tariffs shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing these investments to ensure the viability of the networks and LNG facilities. This may cover special regulatory treatment for new investments;
2008/03/31
Committee: ITRE
Amendment 470 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, and foster market integration, and support the related research activities.
2008/03/31
Committee: ITRE
Amendment 473 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5 a (new)
"5a. The national regulatory authorities shall monitor congestion management within national electricity systems and interconnectors. Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to national regulatory authorities. National regulatory authorities may request transmission system operators to modify these rules before approving them."
2008/03/31
Committee: ITRE
Amendment 479 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operatorsinfrastructure operators subject to a regulated third-party access system as provided for in Article 18, paragraph 4 of Article 19 and Article 20, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.
2008/03/31
Committee: ITRE
Amendment 489 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a bodycourt or other national independent authority, independent of the parties involved and of any government.
2008/03/31
Committee: ITRE
Amendment 501 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 2 a (new)
"2a. National regulatory authorities shall have the right to enter into agreements with other national regulatory authorities within the Union to foster regulatory cooperation."
2008/03/31
Committee: ITRE
Amendment 545 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j)
(j) canmay change supplier at any time in the year, and a customer's account withwith the process lasting no more than one month from the moment all the previous supplier shall not be settled later than one month following the last supply by this previous supplierquisite information is provided and the contract between the customer and the new supplier is concluded, to the actual date of the switch.
2008/03/31
Committee: ITRE
Amendment 548 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j a) (new)
"(ja) a customer's account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier."
2008/03/31
Committee: ITRE
Amendment 181 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 1 i (new)
Directive 2003/54/EC
Article 3 – paragraph 7
(1i) Article 3(7) shall be replaced by the following: ‘7. Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion, environmental protection, which may include energy efficiency/demand-side management measures and means to combat climate change, and security of supply. Such measures may include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of the necessary network infrastructure, including interconnection capacity. Member States may, taking full account of the Treaty, encourage long-term agreements and purchasing associations between customers and supply companies which contribute to improving the production and distribution of electricity, while allowing customers to obtain a fair share of the benefits, provided that these contracts can contribute to obtaining an optimal level of investment in the industry.’ Or. fr (Adding new elements to paragraph 7 of Article 3 of Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 206 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3 a (new)
Directive 2003/54/EC
Article 5a – paragraph 1 a (new)
(3a) In Article 5a, the following paragraph shall be added: "1a. With respect to the goal of achieving regional cooperation as laid down in paragraph 1, Member States shall favour and support any cooperation between transmission system operators and national regulatory authorities aiming to harmonise the access and balancing rules (favouring the integration of balancing zones) within and across several neighbouring Member States in accordance with Article 2h(3) of Regulation (EC) No 1228/2003/EC. This cooperation may take the form of a common structure between transmission system operators concerned to cover several neighbouring territories. In this case, Member States shall ensure that this common structure of transmission system operators complies with Articles 8 and 10a." Or. en (Adding new paragraph 1a to Article 5a of Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 227 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year]: vertically integrated undertakings have to comply: - either with the provisions of this Article, and Articles 8a and 8b; or - with the provisions of Articles 8a, 8b and 8ba. In the case of compliance with the provisions of this Article and Articles 8a and 8b, Member States shall ensure that as from [date of transposition plus one year]:
2008/04/11
Committee: ITRE
Amendment 256 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 5 – introductory part Directive 2003/54/EC
(5) The following Articles 8a, 8b and 8bc are inserted:
2008/04/11
Committee: ITRE
Amendment 267 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
(5a) The following Article shall be inserted: "Article 8ba I. Effective and efficient unbundling of transmission systems 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking which are required for the regular business of electricity transmission, in particular: (a) transmission system operator shall own assets necessary for the regular business of electricity transmission; (b) transmission system operator shall employ personnel required for the regular business of electricity transmission; (c) the leasing of personnel and provision of services to and from any branch of the vertically integrated undertaking performing functions of generation or supply shall be limited to cases with no discriminatory potential and be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (d) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of electricity transmission referred to in paragraph 1 shall include at least: - representation of the transmission system operator, contacts with third parties and the regulatory authorities; - granting and managing third party access to the grid; - collection of access charges; - congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; - operation, maintenance and development of the transmission system; - investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply; - legal services; - accountancy and IT services. 3. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 4. The accounts of transmission system operators shall be audited by a different auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer/executive board 5. Decisions on the appointment and on any early termination of the employment of the chief executive officer and other members of the executive board of the transmission system operator and on the conclusion and early termination of the respective employment agreements with such persons shall be notified to the national regulatory authority or another competent national public authority. These decisions and agreements may become binding unless the regulatory authority or any other competent national public authority uses its right of veto within a period of 3 weeks following the notification. A veto may be issued in case of appointment and conclusion of an agreement posing serious doubts as to the professional independence of the nominated chief executive officer or the member of the executive board; in the case of early termination of employment of those persons, the veto may be used if serious doubts exist as regards the basis for such termination. 6. An effective right of appeal to the national regulatory authority or any other competent national public authority or court shall be guaranteed for chief executive officer or the member of the executive board of the transmission system operator regarding the early termination of their employment. 7. After termination of employment by the transmission system operator, the relevant former chief executive officers and members of the executive board shall not work in any capacity in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 8. The chief executive officer and members of the executive board of the transmission system operator shall not hold any interest in, or receive any compensation from, any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer and members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 9. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 10. Without prejudice to the provisions of this Article, the transmission system operator shall have effective decision- making powers independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company are protected in respect of a return on assets in a subsidiary, as indirectly regulated in accordance with Article 22c. In particular, this shall enable the parent company to approve the annual financial plan or any equivalent instrument of the transmission system operator and to set overall limits on the level of indebtedness of its subsidiary. If the annual financial plan, or any equivalent financial plan, is not approved or changed by the parent company, the case shall be referred to the regulatory authority for a decision. The parent company shall not be permitted to give instructions in day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines that do not exceed the terms of the approved financial plan or any equivalent instrument. 11. Chairmen of the supervisory board or the board of directors of the transmission system operator shall not work in any capacity in any part of the vertically integrated undertaking performing functions of generation or supply. 12. The supervisory boards or boards of directors of transmission system operator shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the national regulatory authority or any other competent national public authority and become binding under the conditions laid down in paragraph 5. 13. For the purposes of paragraph 12, a member of the supervisory board or board of directors of a transmission system operator shall be deemed independent if he/she is free of any business or other relationship within the vertically integrated undertaking, its controlling shareholders or the management of either that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to his/her appointment to the supervisory board or board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of electricity supply during his/her appointment to the supervisory board or board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board or board of directors. 14. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct does not occur. The programme shall also set out specific obligations of employees to meet this objective. It shall be subject to the approval of the national regulatory authority or any other competent national public authority. Compliance with the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions on transmission system operator in case of inappropriate implementation of the compliance program. 15. The chief executive officer or executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (a) monitoring the implementation of the compliance programme; (b) producing an annual report which sets out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (c) issuing recommendations on the compliance programme and its implementation. 16. The independence of the compliance officer shall be guaranteed in particular by the terms of his employment contract. 17. The compliance officer shall have the opportunity to regularly address the supervisory board or board of directors of the transmission system operator of the vertically integrated undertaking and the national regulatory authorities. 18. The compliance officer shall participate in all meetings of the supervisory board or board of directors of the transmission system operator that address the following issues: (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; (d) energy purchases in order to cover energy losses. 19. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially sensitive from being disclosed in a discriminatory manner to the supervisory board or board of directors. 20. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator, as well as to all information required for proper performance of his/her duties. 21. The compliance officer shall be nominated and removed by the chief executive officer or executive board after the prior approval by the national regulatory authority. 22. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. 23. The 10-year network development plan shall in particular: (a) indicate to market participants the main transmission infrastructures that should preferably be built over the next ten years; (b) contain all the investments already decided on and identify new investments for which an implementation decision has to be taken in the next three years. 24. In order to draw up this 10-year network development plan, each transmission system operator shall make a reasonable hypothesis as to the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European- wide existing network investment plans. The transmission system operator shall submit in due time the draft of this plan to the national regulatory authority. 25. The national regulatory authority shall consult all relevant network users on the basis of such draft in an open and transparent manner and may publish the result of the consultation process, in particular the possible investment needs. 26. The national regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The authority may oblige the transmission system operator to amend its draft. 27. If the transmission system operator rejects the implementation of a specific investment listed in the 10-year network development plan to be undertaken in the next three years, Members States shall ensure that the national regulatory authority or any other competent national public authority have the necessary powers to implement one of the two following measures: (a) request the transmission system operator to undertake, by all legal means, its investment obligations using its own financial means; (b) invite independent investors to a tender for the necessary investment in a transmission system and, in so doing, may oblige the transmission system operator: - to agree to financing by any third party; - to agree to the provision of construction works by any third party and to the construction of the new assets; - to agree to operate the new assets. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 28. The competent national public authority shall monitor and evaluate the implementation of the investment plan. 29. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for the non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority. 30. Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in remote parts of the transmission grid. The transmission system operators shall be obliged to supply the necessary information. 31. Transmission system operators shall not be entitled to refuse a new connection point on the sole basis that this new connection would lead to additional costs because of the required capacity increase of grid elements within close range of that new connection point."
2008/04/11
Committee: ITRE
Amendment 315 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2003/54/EC
Article 12 – paragraph 2 a (new)
2a. Distribution system operators shall ensure that commercial information of essential importance to market competition, namely information enabling the point of delivery to be identified and information on installed and subscribed capacity, is accessible on a non- discriminatory basis to electricity supply operators on the market.
2008/03/19
Committee: ITRE
Amendment 350 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22a – paragraph 3 – point (a)
(a) the regulatory authority has legal personality, budgetaryfinancial autonomy, and adequate human and financial resources to carry out its duties;
2008/03/19
Committee: ITRE
Amendment 354 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22a – paragraph 3 – point (b)
(b) its management is appointed for a non renewable fixed term of at least five years, renewable only once, up to ten years, non-renewable, and may only be relieved from office during its term if it no longer fulfills the conditions set out in this Article or it has been guilty of serious misconduct.
2008/03/19
Committee: ITRE
Amendment 390 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (f a) (new)
(fa) approving the annual investment plans of the transmission system operators;
2008/03/19
Committee: ITRE
Amendment 398 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (g)
g) monitoring network security and reliability, and reviewingsetting or approving standards and requirements for quality of service and supply and reviewing performances for quality of service and supply, network security and reliability rules;
2008/03/19
Committee: ITRE
Amendment 411 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (k)
(k) without prejudice to the competence of other national regulatory authorities, ensumonitoring high standards of universal and public service for electricity, and the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective;
2008/03/19
Committee: ITRE
Amendment 418 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (k a) (new)
(ka) ensuring that customer protection measures set out in Annex A are effective.
2008/03/19
Committee: ITRE
Amendment 424 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (m)
(m) ensuringstablishing standardised procedures on relationships between final customer and supplier or distributor, or metering system operator, which would deal at least with access to customer consumption data, the application of a harmonised format for consumption data and the access to data under paragraph (h) of Annex A;
2008/03/19
Committee: ITRE
Amendment 427 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o a) (new)
(oa) enjoying a right of veto over decisions to appoint or dismiss persons responsible for the general management of a transmission system operator;
2008/03/19
Committee: ITRE
Amendment 467 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs and their methodologies or, alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs. These tariffs shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks;
2008/03/19
Committee: ITRE
Amendment 480 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 5
5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, and foster market integration and support the related research activities.
2008/03/19
Committee: ITRE
Amendment 483 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 5 a (new)
"5a. The regulatory authorities shall monitor congestion management within national electricity systems and interconnectors. Transmission system operators shall submit their congestion management procedures, including capacity allocation, to the national regulatory authorities for approval. National regulatory authorities may request amendments to these procedures before approving them."
2008/03/19
Committee: ITRE
Amendment 495 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a bodynational judicial body or other independent national authority, independent of the parties involved and of government.
2008/03/19
Committee: ITRE
Amendment 512 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2 a (new)
"2a. Regulatory authorities shall have the right to enter into agreements with other EU regulatory authorities to foster regulatory cooperation."
2008/03/19
Committee: ITRE
Amendment 544 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 14 b (new)
Directive 2003/54/EC
Article 28 – paragraph 3 –subparagraph 3
(14b) In Article 28(3), the third subparagraph shall be replaced by the following: "By [date of transposition plus five years] the Commission shall review the provisions governing the unbundling of transmission systems and their impact on the functioning of the internal market for electricity. It shall in particular examine to what extent the option of effective and efficient unbundling in Article 8c has proven to be successful in ensuring fair and effective competition in the internal market for electricity. The Commission shall present the conclusions of that review in the context of the report referred to in paragraph 1. The report shall consider, in particular, the need for the Commission to propose any amendments to this Directive and whether Article 8 is to be made mandatory for all Member States in order to ensure fair and effective competition in the internal market for electricity. The conclusion as to whether an amendment is necessary or not shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal." Or. en (Replacing article 28 paragraph 3, subparagraph 3 of Directive 2003/54/EC)
2008/03/19
Committee: ITRE
Amendment 564 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (j)
(j) canmay change supplier at any time in the year, and a customer's account with the previous supplier shall not be settled later than on with the process lasting no more than one month from the moment all the requisite information is provided and the mconth following the last supply by this previous supplierract between the customer and the new supplier is entered into, to the actual date of the switch.
2008/03/19
Committee: ITRE
Amendment 569 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (j a) (new)
"(ja) a customer's account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier."
2008/03/19
Committee: ITRE
Amendment 49 #

2007/0121(COD)

Proposal for a regulation – amending act
Recital 21
(21) While tThe classification of any substance or mixture may be carried out on the basis of available information, t. The available information to be used for the purposes of this Regulation should preferably comply with relevant provisions of Regulation (EC) No 1907/2006, transport provisions or international principles or procedures for the validation of information, so as to ensure quality and comparability of the results and consistency with other requirements at international or Community level. The same should apply where the supplier chooses to generate new information.
2008/02/26
Committee: ENVI
Amendment 52 #

2007/0121(COD)

Proposal for a regulation – amending act
Recital 25
(25) New information as regards physical hazardsTests to determine the physical hazards of a substance or mixture should always be necessary, except if reliable and adequathe data are already available or if a derogation is foreseen in part 2.
2008/02/26
Committee: ENVI
Amendment 76 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 9 - paragraph 4 - subparagraph 2
However, where that information does not permit the application of the bridging principles, and expert judgement cannot justify extensions beyond the bridging principles, the supplier shall evaluate the information by applying the other method or methods described in each section of parts 3 and 4 of Annex I.
2008/02/26
Committee: ENVI
Amendment 80 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 11 - paragraph 3
3. The cut-off value referred to in paragraphs 1 and 2 shall be the lowerone of the following: a) the generic cut-off values specified in Table 1.1 ofspecific concentration limits set in part 13 of Annex I; b) any specificVI, or b) the concentration limits set in part 3 of Annex VI or in the classification and labelling inventory referred to in Article 43 if the notifiers have reached agreement; or ba) the generic cut-off values specified in Table 1.1 of part 1 of Annex I, where the concentration limits referred to in sub- paragraphs a) and b) are not available; c) any concentrations in the relevant sections of part 2 of Annex I or any generic concentration limits for classification in the relevant sections of parts 3 to 5 of Annex I, where the specific concentration limits referred to in point bs a), b) or ba) are not available.
2008/02/26
Committee: ENVI
Amendment 81 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 12 - point (c)
c) where adequate and reliable information demonstrates the potential occurrence of synergistic or antagonistic effects among the substances in a mixture for which the evaluation was decided on the basis of the information forbetween the substances in thea mixture.
2008/02/26
Committee: ENVI
Amendment 123 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 37 - paragraph 2 - subparagraphs 2 - 3
Where such containers meet the requirements in section 3.1.1 of Annex II they shall have a child-resistant fastening in accordance with sections 3.1.2, 3.1.3 and 3.1.4.2 of Annex II. Where such containers meet the requirements in section 3.2.1 of Annex II they shall bear a tactile warning of danger in accordance with section 3.2.2 of Annex II unless there are specific provisions on packaging applying to the mixture, in particular the provisions of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents1. Where such containers meet the requirements in section 3.2.1 of Annex II they shall bear a tactile warning of danger in accordance with section 3.2.2 of Annex II, unless there are specific provisions on packaging applying to the mixture, in particular the provisions of Regulation (EC) No 648/2004. 1 OJ L 104, 8.4.2004, p. 1. Regulation amended by Commission Regulation (EC) No 907/2006 (OJ L 168, 21.6.2006, p. 5).
2008/02/26
Committee: ENVI
Amendment 124 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 40 - titre
Content of opinions and decisions for harmonised classification and labelling in Annex VI, part 3; accessibility of information
2008/02/26
Committee: ENVI
Amendment 125 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 40 a (new)
Article 40 a Classification and labelling of hazardous substances under Directive 67/548/EEC for hazard categories other than those specified in Article 38(1) The classifications and forms of labelling set out in part 4 of Annex VI may be applied by suppliers. Where a supplier decides not to apply those classifications and forms of labelling, he shall be required to re- evaluate the substance in question on the basis of the criteria laid down in parts 2 to 5 of Annex I.
2008/02/26
Committee: ENVI
Amendment 127 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 41 - paragraph 1 - subparagraph 1
1. Any manufacturer or importer, or group of manufacturers or importers, hereinafter “the notifiers”, who places on the market a substance classified as hazardous and subject to registration in accordance with Regulation (EC) No 1907/2006 or, where the quantity exceeds 1 tonne per year, a substance classified as hazardous on its own or in a mixture above the concentration limits specified in Directive 1999/45/EC or in this Regulation, where relevant, which results in the classification of the mixture as hazardous, shall notify to the Agency the following information in order for it to be included in the inventory referred to in Article 43:
2008/02/26
Committee: ENVI
Amendment 131 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 45
1. Member States shall appoint a body or bodies responsible for receiving information by the suppliers, including chemical composition of on the mixtures placed on the market and classified or considered as hazardous on the basis of their health effects or on the basis of their physical effects. 1a. The information referred to in paragraph 1 shall be presented in the format laid down in Annex VIIa1 and shall be sufficient to meet medical needs for the purpose of determining preventive and curative measures, in particular in case of emergency. 2. The appointed bodies shall provide all requisite guarantees for maintaining the confidentiality of the information received. Such information may only be used to meet medical demand by formulating preventative and curative measures, in particular in case of emergency. The informationsatisfy the medical needs referred to in paragraph 1a and shall not be used for other purposes. 3. The appointed bodies shall have at their disposal all the information required from the suppliers responsible for marketing to carry out the tasks for which they are responsible. 3a. Every year Member States shall submit to the European accident database set up under the EHLASS programme (European Home and Leisure Accident Surveillance System) data detailing the number of accidents, and the mixtures involved, in respect of which appointed bodies have received requests for medical information concerning treatment and curative measures. 1 The information requirements laid down in the entire body of directions issued by the EACCPT shall form the basis of Annex VIIa.
2008/02/26
Committee: ENVI
Amendment 132 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 45 - paragraph 3 a (new)
3a. Metals in massive form, alloys, mixtures containing polymers and mixtures containing elastomers, although classified according to the criteria of Annex I, shall however, if they present no risk of acute toxicity to human health and are intended for industrial use by professionals, be exempt from the notification requirement in paragraph 1.
2008/02/26
Committee: ENVI
Amendment 136 #

2007/0121(COD)

Proposal for a regulation – amending act
Article 52 - paragraph 1 - subparagraph 1 a (new)
Where a supplier contests a Member State’s decision that a substance or mixture does not satisfy the requirements of this regulation, the Member State shall immediately notify the Commission, the Agency and the other Member States, stating the reasons for its decision.
2008/02/26
Committee: ENVI
Amendment 229 #

2006/0136(COD)


Article 4 – paragraph 1 – subparagraph 2
The assessment of the active substance shall first establish whether the approval criteria set out in points 3.6.2 to 3.6.4 and 3.7 of Annex II are satisfied. If these criteria are satisfied the assessment shall continue to establish whether the other approval criteria set out in points 2 and 3 of Aannex II are satisfied, including points 3.6.5 and 3.8.2 once specific scientific criteria have been adopted for these annex points in accordance with Article 78(2).
2008/10/16
Committee: ENVI
Amendment 280 #

2006/0136(COD)


Article 52 – paragraph 3 – point (c)
(c) they are either the same or equivalent in the co-formulants present and the packaging size, material or form, in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment.
2008/10/16
Committee: ENVI
Amendment 281 #

2006/0136(COD)


Article 52 – paragraph 3 – point (c) a (new)
(ca) they have not been repackaged and their packaging is the same as or equivalent to that of the reference products in terms of size, material and form.
2008/10/16
Committee: ENVI
Amendment 283 #

2006/0136(COD)


Article 52 – paragraph 4 – point (h)
(h) a sample of the product and packaging which is intended to be introduced if it is considered as necessary by the competent authority of the Member State of introduction;
2008/10/16
Committee: ENVI
Amendment 288 #

2006/0136(COD)


Article 59 – paragraph 1 – subparagraph 7
A study shall also be protected if it was necessary for the renewal or review of an authorisation. The period for data protection shall be 2 years and 6 months. The first to fourth subparagraphs shall apply with due changesubmitted for the renewal or review of an authorisation shall not be protected except where required for the purposes of legislative changes or updates to scientific and technical knowledge, in which case the time period of protection shall be equivalent to that set out in the fourth subparagraph.
2008/10/16
Committee: ENVI
Amendment 317 #

2006/0136(COD)


Annex II - point 3.6.5. a (new)
3.6.5.a. An active substance shall only be approved if: - tests of behaviour of the active substance, its metabolites and degradation and reaction products in response to different drinking water treatment processes have not highlighted the formation of potentially harmful by- products for human health - tests of treatability based on common drinking water treatment processes have demonstrated that drinking water produced from raw waters (ground and surface waters) containing the active substance, its metabolites and degradation and reaction products will comply with the value of 0,1µg/l set in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption1 and not involve risks for human health. The tests will be carried out according to common protocols established at EU level and recognised by both water suppliers and pesticide manufacturers. 1 OJ L 330, 5.12.1998, p. 32.
2008/10/16
Committee: ENVI
Amendment 46 #

2006/0132(COD)


Article 4 – paragraph 1 – subparagraph 1
1. Member States shall adopt, and implement without undue delay, National Action Plans to set up targets, measures and timetables to reduce risks, including hazards, and impacts of pesticide use on human health and the environment and to encouragsure the development and introduction of integrated pest management and of alternative approaches or techniques, giving priority to non-chemical methods of plant protection and pest and crop management, in order to reduce dependency on and the use of pesticides. The National Action Plans shall as a minimum include: (a) for other than biological pesticides and low-risk plant protection products as defined in Article [50(1)] of Regulation (EC) No ... [concerning the placing of plant protection products on the market], quantitative use reduction targets measured as a treatment index. The treatment index will be adapted to the specific conditions of each Member State. The treatment index will have to be communicated immediately to the Commission for its approval. For active substances of very high concern the reduction target shall be a reduction of at least 50% in relation to the treatment index calculated for the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher target based on another year of reference from the period 1995-2004; (b) for pesticide formulations classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations1 , a quantitative use reduction target measured as sold volumes. This target shall be a reduction of at least 50% calculated in relation to the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher reduction target based on another year of reference from the period 1995-2004. 1 OJ L 200, 30.7.1999, p. 1.
2008/10/24
Committee: ENVI
Amendment 48 #

2006/0132(COD)


Article 4 – paragraph 1 – subparagraph 2
When drawing up and revising their National Action Plans, Member States shall take account of the public health, social, economic, environmental and health impacts of the measures envisaged, of specific national, regional and local conditions and of all relevant stakeholder groups. Member States shall describe in their National Action Plans how they will implement measures pursuant to Articles 5 to 14 in order to achieve the objectives referred to in the first subparagraph of this paragraph. Minimum requirements for the National Action Plans are listed in the guidance document in Annex IIb. Member States shall step up their efforts to monitor and prevent illegal use of pesticides, in collaboration with the relevant stakeholders. Member States shall report on a regular basis on controls in place regarding illegal use.
2008/10/24
Committee: ENVI
Amendment 56 #

2006/0132(COD)


Article 6 – paragraph 3 a (new)
3a. Member States shall ensure that existing inspection and enforcement measures are fully implemented to ensure that illegal (counterfeit) pesticides are not offered for sale.
2008/10/24
Committee: ENVI
Amendment 62 #

2006/0132(COD)


Article 8 - paragraph 3 – point b
(b) exempt from inspection handheld pesticide application equipment or knapsack sprayers.deleted
2008/10/24
Committee: ENVI
Amendment 64 #

2006/0132(COD)


Article 9 - paragraph 2 – point b
(b) the pesticides used must be explicitly approvuthorised for aerial spraying by the Member State following a specific assessment addressing risks from aerial spraying; substances classified as very toxic (R50) to aquatic organisms shall not be authorised for aerial spraying;
2008/10/24
Committee: ENVI
Amendment 65 #

2006/0132(COD)


Article 9 - paragraph 2 – point d a (new)
(da) the area to be sprayed must not be in close proximity to public or residential areas and there must be no effects on the health of residents or bystanders;
2008/10/24
Committee: ENVI
Amendment 71 #

2006/0132(COD)


Article 9 - paragraph 3
3. Member States shall designate the authorities competent for establishing the specific conditions by which aerial spraying may be carried out and. The competent authority is responsible for authorising aerial spraying following a request pursuant to paragraph 4 and for makeing public information on crops, areas, circumstances and particular requirements for application including weather conditions where aerial spraying may be allowed. TIn the authorisation the competent authorities shall specify the measures necessary for warning residents and bystanders in good time and to protect the environment in the vicinity of the area sprayed.
2008/10/24
Committee: ENVI
Amendment 72 #

2006/0132(COD)


Article 9 - paragraph 4
4. A professional user wishing to apply pesticides by aerial spraying shall submit a request in due time to the competent authority to apply pesticides by aerial spraying accompanied by evidence to show that the conditions referred to in paragraphs 2 and 3 are fulfilled. Member States may provide that requests for which no answer was received on the decisiThe notification shall con taken within the time period laid down by the competein information about the time of spraying and the amounts authorities shall be deemed to bend the type of pesticides approvlied.
2008/10/24
Committee: ENVI
Amendment 75 #

2006/0132(COD)


Article 10
1. Member States shall ensure that appropriate measures to protect the aquatic environment and drinking water supplies from the impact of pesticides are adopted. These measures shall support and be compatible with relevant provisions of Directive 2000/60/EC and Regulation (EC) No …. 2. The measuretake the necessary action to protect bodies of water, in particular by ensuring that buffer zones, where pesticides must not be applied or stored, are established on fields adjacent to water courses, and in particular to safeguard zones for the abstraction of drinking water established in accordance with Article 7(3) of Directive 2000/60/EC. The dimensions of the buffer zones shall be defined as a function of the risks of pollution and the agricultural and climate characteristics of the area concerned. Furthermore Member States shall ensure that, in safeguard zones for the abstraction of drinking water in accordance with Article 7(3) of Directive 2000/60/EC, additional measures are taken to prevent contamination of water with pesticides including, where necessary, tighter restrictions on use of some high-risk products, enhanced use of buffer zones, specific training and awareness of advisers and spray operators, and strict enforcement of best practice in filling, mixing and disposal of pesticides. Member States may establish any pesticide-free zones they deem necessary in order to safeguard drinking water resources. Such pesticide-free zones may cover the entire Member State. 2. In addition to the actions provided for in paragraph 1 shall include, Member States shall take the following measures: (a) giving preference to pesticides that are not classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations nor containing priority hazardous substances as set in Article 16(3) of Directive 2000/60/EC; (b) giving preference to the most efficient application techniques such as the use of low-drift pesticide application equipment especially in vertical crops such as hops and those found in orchards and vineyards; (c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run- off. These shall include when necessary the establishment of appropriately-sized buffer zones for the protection of non- target aquatic organisms and safeguard zones for surface and groundwater used for the abstraction of drinking water, where pesticides must not be used or stored; (d) reducing as far as possible or if appropriate eliminating applications on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.
2008/10/24
Committee: ENVI
Amendment 86 #

2006/0132(COD)


Article 13 – paragraph 1
1. Member States shall take appropriatell necessary measures to promote low pesticide-input pest management, giving priority wherever possible to non- chemical methods and otherwisof plant protection and pest and crop management, and to ensure that professional users of pesticides switch as quickly as possible to practices and products with the lowest risk to human health and the environment among those available for the same pest problem. Low pesticide-input pest management includes Integrated Pest Management as well as organic farming according to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products.
2008/10/24
Committee: ENVI
Amendment 103 #

2006/0132(COD)


Annex I – paragraph 6
6. Procedures for preparing pesticide application equipment for work, including its calibration, and for its operation with minimum risks to the user, other humans, non-target animal and plant species, biodiversity and, the environment and water resources..
2008/10/24
Committee: ENVI
Amendment 104 #

2006/0132(COD)


Annex I – paragraph 8
8. Emergency action to protect human health and, the environment and water resources in case of accidental spillage and, contamination and extreme weather events that would result in pesticides leaching risks.
2008/10/24
Committee: ENVI
Amendment 105 #

2006/0132(COD)


Annex I – paragraph 8 a (new)
8a. Special care in protection areas established under Articles 6 and 7 of Directive 2000/60/EC.
2008/10/24
Committee: ENVI
Amendment 36 #

2005/0281(COD)


Recital 12
(12) The classification of waste as hazardous waste should be based, inter- alia, on the Community legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classified in accordance with the list of the types of waste as last estHazardous wastes are qualified by hazard and risk criteria. As a result, they need to be regulated under strict specifications in order to prevent or limit, as far as possible, negative effects due to inappropriate management which may affect the environment and give rise to risks to human health and safety. Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceabilished by Commission Decision 2000/532/EC, in order to encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Community. ty modalities. All hazardous waste operators need to have adequate qualifications and training. Or. en (Amendment 11 adopted at First Reading)
2008/03/06
Committee: ENVI
Amendment 98 #

2005/0281(COD)


Article 3 – point 19 a (new)
19a) "energy recovery" means the use of combustible waste as a fuel for generating energy through direct incineration with or without other waste or fuel but with recovery of the heat. Incineration of waste where more energy is added than received during the process is not treated as energy recovery;
2008/03/06
Committee: ENVI
Amendment 106 #

2005/0281(COD)


Article 4
1. A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the criteria to be met for specific substances or objects to be regarded as a by-product and not as waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). (The Commission published its Interpretative Communication on by-products after the firstdeleted Or. en reading of the European Parliament. This can be considered as a new fact.)
2008/03/06
Committee: ENVI
Amendment 125 #

2005/0281(COD)


Article 5 – paragraph 3 a (new)
3a. Neither hazardous waste nor waste intended for energy recovery (hazardous and non-hazardous) will be concerned by the procedure set out in paragraphs 1 and 2.
2008/03/07
Committee: ENVI
Amendment 170 #

2005/0281(COD)


Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that The reclassification of hazardous waste as non-hazardous waste ismay not mixed, either with other categories of hazardousbe achieved by diluting or mixing the waste or with other waste, substances or materials. Mixing shall include the dilution of hazardous substance aim of lowering the initial concentrations of pollutants to a level below the thresholds for defining waste as hazardous.
2008/03/07
Committee: ENVI
Amendment 173 #

2005/0281(COD)


Article 15 – paragraph 2
2. By way of derogation from paragraph 1, Member States may allow mixing provided that: (a) the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 20; (b) the conditions laid down in Article 10 are complied with and the adverse impact of the waste management on human health and the environment is not increased; and (c) the mixing(c) such an operation conforms to best available techniques; and (ca) the treatment chosen for the mixed wastes must demonstrate that it is capable of treating separately each waste composing the mixture.
2008/03/07
Committee: ENVI
Amendment 206 #

2005/0281(COD)


Article 22 – paragraph 2
2. In addition to the general rules provided for in paragraph 1, Member States shall lay down specific conditions for exemptions relating to hazardous waste, including types of activity, as well as any other necessary requirement for carrying out different forms of recovery and, where relevant, the limit values for the content of hazardous substances in the waste as well as the emission limit values.deleted
2008/03/07
Committee: ENVI